H.R.3049 – Miscellaneous and Technical Immigration and Naturalization Amendments of 1991

PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1733
Public Law 102-232 ,,
102d Congress
An Act
To amend the Immigration and Nationality Act to restore certain exclusive authority
in courts to administer oaths of allegiance for naturalization, to revise provisions Dec. 12, 1991
relating to O and P nonimmigrants, and to make certain technical corrections [H.R. 3049]
relating to the immigration laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Miscellaneous
and Technical
Immigration and
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Naturalization
(a) SHORT TITLE.—This Act may be cited as the “Miscellaneous 1991.
and Technical Immigration and Naturalization Amendments of 8 USC1101 note.
1991″.
(b) TABLE OF CONTENTS.—The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I—JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS
Sec. 101. Short title of title.
Sec. 102. Court authority to administer oaths of allegiance for naturalization.
TITLE II—O AND P NONIMMIGRANT AMENDMENTS
Sec. 201. Short title of title.
Sec. 202. Repeal of numerical limitations on P-1 and P-3 nonimmigrants; GAO
report.
Sec. 203. Standards for classification of P-1 nonimmigrants.
Sec. 204. Consultation requirement.
Sec. 205. Amendments relating to O nonimmigrants.
Sec. 206. Amendments relating to P nonimmigrants.
Sec. 207. Other amendments.
Sec. 208. Effective date.
TITLE III—MISCELLANEOUS AND TECHNICAL CORRECTIONS
Sec. 301. Short title of title; reference to the Immigration and Nationality Act.
Sec. 302. Corrections relating to title I of the Immigration Act of 1990.
Sec. 303. Corrections relating to title II of the Immigration Act of 1990.
Sec. 304. Corrections relating to title III of the Immigration Act of 1990.
Sec. 305. Corrections relating to title IV of the Immigration Act of 1990.
Sec. 306. Corrections relating to title V of the Immigration Act of 1990.
Sec. 307. Corrections relating to title VI of the Immigration Act of 1990.
Sec. 308. Corrections relating to title VII of the Immigration Act of 1990.
Sec. 309. Additional miscellaneous corrections.
Sec. 310. Effective dates.
TITLE I—JUDICIAL NATURALIZATION SSization
CEREMONIES AMENDMENTS A^IXSts of
1991.
SEC. 101. SHORT TITLE OF TITLE. 8 USC 1101 note.
This title may be cited as the “Judicial Naturalization Ceremonies
Amendments of 1991″.
105 STAT. 1734 PUBLIC LAW 102-232–DEC. 12, 1991
SEC. 102. COURT AUTHORITY TO ADMINISTER OATHS OF ALLEGIANCE
FOR NATURALIZATION.
(a) IN GENERAL.—Subsection (b) of section 310 of the Immigration
and Nationality Act (8 U.S.C. 1421), as amended by section 401(a) of
the Immigration Act of 1990, is amended to read as follows:
“OJ) COURT AUTHORITY To ADMINISTER OATHS.—
“(1) JURISDICTION.—Subject to section 337(c)—
“(A) GENERAL JURISDICTION.—Except as provided in
subparagraph (B), each applicant for naturalization may
choose to have the oath of allegiance under section 337(a)
administered by the Attorney General or by an eligible
court described in paragraph (5). Each such eligible court
shall have authority to administer such oath of allegiance
to persons residing within the jurisdiction of the court.
“(B) EXCLUSIVE AUTHORITY.—An eligible court described
in paragraph (5) that wishes to have exclusive authority to
administer the oath of allegiance under section 337(a) to
persons residing within the jurisdiction of the court during
the period described in paragraph (3)(A)(i) shall notify the
Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to
such persons during such period.
“(2) INFORMATION.—
“(A) GENERAL INFORMATION.—In the case of a court
exercising authority under paragraph (1), in accordance
with procedures established by the Attorney General—
“(i) the applicant for naturalization shall notify the
Attorney General of the intent to be naturalized before
the court, and
“(ii) the Attorney General—
“(I) shall forward to the court (not later than 10
days after the date of approval of an application for
naturalization in the case of a court which has
provided notice under paragraph (1)(B)) such
information as may be necessary to administer the
oath of allegiance under section 337(a), and
“(II) shall promptly forward to the court a certificate of naturgdization (prepared by the Attorney
General).
“(B) ASSIGNMENT OF INDIVIDUALS IN THE CASE OF EXCLUSIVE AUTHORITY.—If an eligible court has provided notice
under paragraph (1)(B), the Attorney General shall inform
each person (residing within the jurisdiction of the court),
at the time of the approval of the person’s application for
naturalization, of—
“(i) the court’s exclusive authority to administer the
oath of allegiance under section 337(a) to such a person
during the period specified in paragraph (3)(A)(i), and
“(ii) the date or dates (if any) under paragraph (3)(B)
on which the court has scheduled oath administration
ceremonies.
If more than one eligible court in an area has provided
notice under paragraph (1)(B), the Attorney General shall
permit the person, at the time of the approval, to choose the
court to which the information will be forwarded for
administration of the oath of allegiance under this section.
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1735
“(3) SCOPE OF EXCLUSIVE AUTHORITY.—
“(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED.—
The exclusive authority of a court to administer the oath of
allegiance under paragraph (1)(B) shall apply with respect
to a person—
“(i) only during the 45-day period beginning on the
date on which the Attorney General certifies to the
court that an applicant is eligible for naturalization,
and
“(ii) only if the court has notified the Attorney Gen-
; , / eral, prior to the date of certification of eligibility, of
the day or days (during such 45-day period) on
which the court has scheduled oath administration
ceremonies.
“(B) AUTHORITY OF ATTORNEY GENERAL.—Subject to
subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a)
during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible
court under this subsection with respect to that person.
“(C) WAIVER OF EXCLUSIVE AUTHORITY.—Notwithstanding
the previous provisions of this paragraph, a court may
waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court
with the certification described in subparagraph (A)(i)
within a reasonable time before the date scheduled by the
court for oath administration ceremonies. Upon notification
of a court’s waiver of jurisdiction, the Attorney General
shall promptly notify the applicant.
“(4) ISSUANCE OF CERTIFICATES.—The Attorney General shall
provide for the issuance of certificates of naturalization at the
time of administration of the oath of allegiance.
“(5) ELIGIBLE COURTS.—For purposes of this section, the term
‘eligible court’ means—
“(A) a District Court of the United States in any State, or
“(B) any court of record in any State having a seal, a
clerk, and jurisdiction in actions in law or equity, or law
and equity, in which the amount in controversy is
unlimited.”.
(b) CONFORMING AMENDMENTS.—
(1) FUNCTIONS OF CLERKS.—Section 339(a) of such Act (8 U.S.C.
1450(a)) is amended—
(A) by striking paragraph (1) and inserting the following:
“(1) deliver to each person administered the oath of allegiance
by the court pursuant to section 337(a) the certificate of naturalization prepared by the Attorney General pursuant to section
310(b)(2)(A)(ii),”,
(B) in paragraph (2), by inserting “a list of applicants
actually taking the oath at each scheduled ceremony and”
after “Attorney General”,
(C) by striking paragraph (3),
(D) in paragraph (4), by striking the period at the end and
‘ inserting “, and ‘ and by redesignating such paragraph as
paragraph (3),
(E) by inserting after paragraph (3), as so redesignated,
the following new paragraph:
105 STAT. 1736 PUBLIC LAW 102-232—DEC. 12, 1991
“(4) be responsible for all blank certificates of naturalization
received by them from time to time from the Attorney General
and shall account to the Attorney General for them whenever
required to do so.”, and
(F) by adding at the end the following:
“No certificate of naturalization received by any clerk of court
which may be defaced or injured in such manner as to prevent its
use as herein provided shall in any case be destroyed, but such
certificates shall be returned to the Attorney General.”.
(2) EXPEDITED ADMINISTRATION OF OATH.—Subsection (c) of
section 337 of such Act (8 U.S.C. 1448) is amended to read as
follows:
“(c) Notwithstanding section 310(b), an individual may be granted
an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General upon demonstrating
sufficient cause. In determining whether to grant an expedited
judicial oath administration ceremony, a court shall consider special
circumstances (such as serious illness of the applicant or a member
of the applicant’s immediate family, permanent disability sufficiently incapacitating as to prevent the applicant’s personal
appearance at the scheduled ceremony, developmental disability or
advanced age, or exigent circumstances relating to travel or employment). If an expedited judicial oath administration ceremony is
impracticable, the court shall refer such individual to the Attorney
General who may provide for immediate administrative naturalization.”.
(3) FEES.—Section 344 of such Act (8 U.S.C. 1455) is amended
by adding at the end the following new subsection:
“(f)(1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this title a specified percentage of all fees described in subsection (a)(1) collected by the Attorney
General with respect to persons administered the oath of allegiance
by the respective courts. The Attorney General, annually and in
consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the
Service and courts for essential services directly related to the
naturalization process, which are incurred by courts.
Reports. “(2) The Attorney General shall provide on an annual basis to the
Committees on the Judiciary of the House of Representatives and of
the Senate a detailed report on the use of the fees described in
paragraph (1) and shall consult with such Committees before
increasing such fees.”.
8 use 1421 note. (c) EFFECTIVE DATE.—The amendments made by this title shall
take effect 30 days after the date of the enactment of this Act.
Nonimmigrant TITLE II—O AND P NONIMMIGRANT
Amendments of AMENDMENTS
8 us e 1101 note. SEC. 201. SHORT TITLE OF TITLE.
This title may be cited as the “O and P Nonimmigrant Amendments of 1991”.
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1737
SEC. 202. REPEAL OF NUMERICAL LIMITATIONS ON P-1 AND P-3
NONIMMIGRANTS; GAO REPORT.
(a) IN GENERAL.—Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)), as added by section 205(a) of the
Immigration Act of 1990, is amended—
(1) by adding “or” at the end of subparagraph (A),
(2) by striking “, or” at the end of subparagraph (B) and
inserting a period, and
(3) by striking subparagraph (C).
(b) REPORT.—(1) By not later than October 1,1994, the Comptroller 8 USC llOl note.
General of the United States shall submit to the Committees on the
Judiciary of the Senate and of the House of Representatives a report
containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants
under subparagraphs (O) and (P) of section 101(a)(lD) of the Immigration and Nationality Act, and information on the laws, regulations,
and practices in effect in other countries that affect United States
citizens and permanent resident aliens in the arts, entertainment,
and athletics, in order to evaluate the impact of such admissions,
laws, regulations, and practices on such citizens and aliens.
(2) Not later than 30 days after the date the Committee of the
Judiciary on the Senate receives the report under paragraph (1), the
Chairman of the Committee shall make the report available to
interested parties and shall hold a hearing respecting the report. No
later than 90 days after the date of receipt of the report, such
Committee shall report to the Senate its findings and any legislation
it deems appropriate.
SEC. 203. STANDARDS FOR CLASSIFICATION OF P-1 NONIMMIGRANTS.
(a) SUBSTITUTION OF NEW STANDARDS.—Clause (i) of section
101(a)(15)(P) of the Immigration and Nationality Act, as added by
section 207(a)(3) of the Immigration Act of 1990, is amended to read 8 USC llOl.
as follows:
“(i)(a) is described in section 214(c)(4)(A) (relating to athletes), or (b) is described in section 214(c)(4)(B) (relating to
entertainment groups);”.
03) NEW STANDARDS.—Section 214(c)(4) of such Act, as added by
section 20703)(2)(B) of the Immigration Act of 1990, is amended by
redesignating subparagraphs (A) through (C) as subparagraphs (C)
through (E) and by inserting before subparagraph (C), as so redesignated, the following new subparagraphs:
“(A) For purposes of section 101(a)(15)(P)(i)(a), an alien is described
in this subparagraph if the alien—
“(i) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance,
and
“(ii) seeks to enter the United States temporarily and solely
for the purpose of performing as such an athlete with respect to
a specific athletic competition.
“(BXi) For purposes of section 101(a)(15)(P)(i)(b), an alien is described in this subparagraph if the alien—
“(I) performs with or is an integral and essential part of the
performance of an entertainment group that has (except as
provided in clause (ii)) been recognized internationally as being
outstanding in the discipline for a sustained and substantial
period of time.
105 STAT. 1738 PUBLIC LAW 102-232—DEC. 12, 1991
“(11) in the case of a performer or entertainer, except as
provided in clause (iii), has had a sustained and substantial
relationship with that group (ordinarily for at least one year)
and provides functions integral to the performance of the group,
and
“(III) seeks to enter the United States temporarily and solely
for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance.
“(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a sustained and
substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition
requirement of clause (i)(I).
“(iii)(I) The one-year relationship requirement of clause (i)(II) shall
not apply to 25 percent of the performers and entertainers in a
group.
“(II) The Attorney General may waive such one-year relationship
requirement for an alien who because of illness or unanticipated
and exigent circumstances replaces an essential member of the
group and for an alien who augments the group by performing a
critical role.
“(iv) The requirements of subclauses (I) and (II) of clause (i) shall
not apply to alien circus personnel who perform as part of a circus
or circus group or who constitute an integral and essential part of
the performance of such circus or circus group, but only if such
personnel are entering the United States to join a circus that has
been recognized nationally as outstanding for a sustained and
substantial period of time or as part of such a circus.”.
SEC. 204. CONSULTATION REQUIREMENT.
Section 214(c) of the Immigration and Nationality Act, as
8 use 1184. amended by section 207(b)(2) of the Immigration Act of 1990, is
amended—
(1) in paragraph (3)(A), by striking “after consultation with
peer groups in the area of the alien’s ability” and inserting
“after consultation in accordance with paragraph (6)”,
(2) in paragraph (3)(B), by striking “‘after consultation with
labor organizations with expertise in the skill area involved”
and inserting “after consultation in accordance with paragraph
(6) or, in the case of such an alien seeking entry for a motion
picture or television production, after consultation with such a
labor organization and a management organization in the area
of the alien’s ability”,
(3) in paragraph (4)(C), as redesignated by section 203(b), by
striking “clause (ii) of,
(4) in paragraph (4)(D), as redesignated by section 203(b), by
striking “after consultation with labor organizations with
expertise in the specific field of athletics or entertainment
involved” and inserting “after consultation in accordance with
paragraph (6)”,
(5) by redesignating paragraph (6) as paragraph (7), and
(6) by inserting after paragraph (5) the following new
paragraph:
“(6)(A)(i) To meet the consultation requirement of paragraph (3)(A)
in the case of a petition for a nonimmigrant described in section
101(a)(15)(O)(i) (other than with respect to aliens seeking entry for a
motion picture or television production), the petitioner shall submit
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1739
with the petition an advisory opinion from a peer group (or other
person or persons of its choosing, which may include a labor
organization) with expertise in the specific field involved.
“(ii) To meet the consultation requirement of paragraph (3)(B) in
the case of a petition for a nonimmigrant described in section
101(a)(15)(O)(ii) (other than with respect to aliens seeking entry for a
motion picture or television production), the petitioner shall submit
with the petition an advisory opinion from a labor organization with
expertise in the skill area involved.
“(iii) To meet the consultation requirement of paragraph (4)(D) in
the case of a petition for a nonimmigrant described in section
101(a)(15)(P)(i) or 101(aX15)(PXiii), the petitioner shall submit with
the petition an advisory opinion from a’ labor organization with
expertise in the specific field of athletics or entertainment involved.
“(B) To meet the consultation requirements of subparagraph (A),
unless the petitioner submits with the petition an advisory opinion
from an appropriate labor organization, the Attorney General shall
forward a copy of the petition and all supporting documentation to
the national office of an appropriate labor organization within 5
days of the date of receipt of the petition. If there is a collective
bargaining representative of an employer’s employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization.
“(C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a
labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion.
“(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall have
no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period
has expired and the petitioner has had an opportunity, where
appropriate, to supply rebuttal evidence, the Attorney General shall
adjudicate such petition in no more than 14 days. The Attorney
General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any
participant in the process.
“(E)(i) The Attorney General shall establish by regulation expe- R^ulations.
dited consultation procedures in the case of nonimmigrant artists or
entertainers described in section 101(a)(15XO) or 101(aX15XP) to
accommodate the exigencies and scheduling of a given production or
event.
“(ii) The Attorney General shall establish by regulation expedited
consultation procedures in the case of nonimmigrant athletes described in section 101(aX15XOXi) or 101(aX15XPXi) in the case of
emergency circumstances (including trades during a season).
“(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as
permitting the Attorney General to delegate any authority under
this subsection to such an entity. The Attorney General shall give
such weight to advisory opinions provided under this section as
the Attorney General determines, in his sole discretion, to be
appropriate.”.
105 STAT. 1740 PUBLIC LAW 102-232—DEC. 12, 1991
SEC. 205. AMENDMENTS RELATING TO O NONIMMIGRANTS.
(a) DEFINITION OF EXTRAORDINARY ABIUTY IN THE ARTS FOR O
NONIMMIGRANTS.—Section 101(a) of the Immigration and Nationality Act, as amended by sections 123 and 204(c) of the Immigration
8 use 1101. Act of 1990, is amended by adding at the end the following new
paragraph:
“(46) The term ‘extraordinary ability’ means, for purposes of
section 101(a)(15)(O)(i), in the case of the arts, distinction.”.
(b) ELIMINATING ADDITIONAL PAPERWORK REQUIREMENT FOR O –
Is.—Section 101(a)(15)(O)(i) of the Immigration and Nationality Act,
as amended by section 207(a)(3) of the Immigration Act of 1990, is
amended by striking ‘, but only” and all that follows up to the semicolon at the end. (c) CLARIFICATION OF SIGNIFICANT PHOTOGRAPHY FOR 0-2S.—Section 101(a)(15)(O)(ii)(III)(b) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by striking “significant principal photography” and inserting “significant production (including pre- and post-production work)”. (d) CLARIFICATION OF MULTIPLE EVENTS FOR VISAS FOR O NONIMMIGRANTS.—Section 214(a)(2)(A) of the Immigration and Nationality Act, as added by section 207(b)(1) of the Immigration Act 8 use 1184. of 1990, is amended by inserting “(or events)” after “event”. (e) CONSULTATION WITH RESPECT TO READMITTED 0-1 NONIMMIGRANTS.—Section 214(c)(3) of the Immigration and Nationality Act, as added by section 207(b)(2)(B) of the Immigration Regulations. Act of 1990, is amended by adding at the end the following: “The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization.”. SEC. 206. AMENDMENT S RELATING TO P NONIMMIGRANTS. (a) ELIMINATING 3-MONTH OUT-OF-COUNTRY RULE FOR P- 2 AND P- 3 NONIMMIGRANTS.—Section 214(a)(2)(B) of the Immigration and Nationality Act, as added by section 207(b)(1) of the Immigration Act of 1990, is amended— (1) by striking “(B)(i)” and inserting “(B)”, and (2) by striking clause (ii). (b) TREATMENT OF FOREIGN ORGANIZATIONS FOR P- 2 NONIMMIGRANTS.—Section 101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by inserting “or organizations” after “and an organization”. (c) TREATMENT OF P-2 NONIMMIGRANTS.—(1) Section 101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by striking “, between the United States and the foreign states involved”. (2) Section 214(c)(4)(E) of the Immigration and Nationality Act, as added by 207(b)(2XB) of the Immigration Act of 1990 and as redesig- PUBLIC LAW 102-232—DEC. 12,1991 105 STAT. 1741 nated by section 203(b) of this title, is amended by striking “, in 8 USC 1184. order to assure reciprocity in fact with foreign states”. (d) PERFORMANCE OF TEACHING AND COACHING FUNCTIONS BY P- 3 NONIMMIGRANTS.—Section 101(aX15)(P)(iii)(II) of the Immigration and Nationality Act, as added by section 207(aX3) of the Immigration Act of 1990, is amended— 8 use iioi. (1) by striking “for the purpose of performing” and inserting “to perform, teach, or coach”, and (2) by inserting “commercial or noncommercial” before “program”. SEC. 207. OTHER AMENDMENTS. (a) RETURN TRANSPORTATION REQUIREMENT FOR O AND P NONIMMIGRANTS.—Section 214(cX5) of the Immigration and Nationsdity Act, as added by section 2070t)X2) of the Immigration Act of 1990, is amended by inserting “(A)” after “(5)” and by adding at 8 USC 1184. the end the following new subparagraph: “(B) In the case of an alien who enters the United States in nonimmigrant status under section 101(aX15)(O) or 101(aX15)(P) and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable cost of that transportation will be provided.”. (b) ENTRY OF FASHION MODELS UNDER H-IB.—Section 101(aX15XHXi)(b) of the Immigration and Nationality Act, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended— (1) by inserting “or as a fashion model” after “214(iXl)”, and (2) by inserting “or, in the case of a fgishion model, is of distinguished merit and ability” after “214(iX2)”. (c) ANNUAL REPORT.— (1) IN GENERAL.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(cX3)), as amended by section 207(bX2) of the Immigration Act of 1990 and by section 204 of this title, is amended by adding at the end the following new paragraph: “(8) The Attorney (Jeneral shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under each subcategory of subparagraphs (H), (O), (P), and (Q) of section 101(aX15) the following: “(A) The number of such petitions which have been filed. “(B) The number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions. “(C) The number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions. “(D) The number of such petitions which have been withdrawn. “(E) The number of such petitions which are awaiting final action.”. 105 STAT. 1742 PUBLIC LAW 102-232—DEC. 12, 1991 8 use 1184 note. (2) DEADLINE FOR FIRST REPORT.—The first report under section 214(c)(8) of the Immigration and NationaHty Act shall be provided not later than April 1,1993. 8 use 1101 note. SEC. 208. EFFECTIVE DATE. The provisions of, and amendments made by, this title shall take effect on April 1,1992. T^ci”” TITLE III—MISCELLANEOUS AND a,r5^tionsAct TECHNICAL CORRECTIONS SEC. 301. SHORT TITLE OF TITLE; REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT. 8 use 1101 note. (a) This title may be cited as the “Immigration Technical Corrections Act of 1991”. (b) In this title, the term “INA” means the Immigration and Nationality Act. SEC. 302. CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF 1990. (a)(1) Section 201 of the INA, as amended by section 101(a) of the 8 use 1151. Immigration Act of 1990, is amended— (A) in subsection (c)(3), by striking “(3) The number computed under this paragraph for a fiscal year” and inserting the following: “(3)(A) The number computed under this paragraph for fiscal year 1992 is zero. “(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year. “(C) The number computed under this paragraph for a subsequent fiscal year”; and (B) in subsection (d)(2), by striking “(2) The number computed under this paragraph for a fiscal year” and inserting the following: “(2)(A) The number computed under this paragraph for fiscal year 1992 is zero. “(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(b) during that fiscal year. “(C) The number computed under this paragraph for a subsequent fiscal year”. 8 use 1151. (2) Section 101 of the Immigration Act of 1990 is amended by adding at the end the following new subsection: 8 use 1151 note. “(c) TRANSITION.—In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (as amended by subsection (a)) in the case of a alien whose citizen spouse died before the date of the enactment of this Act, notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act.”. (3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of 8 use 1152. the Immigration Act of 1990, is amended by striking “MINIMUM”. PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1743 (bXD Section 112 of the Immigration Act of 1990 is amended— 8 USC1153 note. (A) in subsection (c), by striking “temporary or” before paragraph (1), and (B) by adding at the end the following: “(d) DEFINITIONS.—The definitions in the Immigration and Nationality Act shall apply in the administration of this section.”. (2) Section 203(b) of the INA, as inserted by section 121(a) of the Immigration Act of 1990, is amended— 8 USC 1153. (A) in paragraphs (1), (2), and (3), by striking “40,000” and inserting “28.6 percent of such worldwide level’ each place it appears, (B) in paragraph (IXC), by striking “who seeks” and inserting “the alien seeks’, (C) in paragraphs (4) and (5), by striking “10,000” and inserting “7.1 percent of such worldwide level” each place it appears, and (D) in paragraph (2XB), by inserting “professions,” after “arts “. (3) Section 216A of the INA, as inserted by section 121(bXl) of the Immigration Act of 1990, is amended— 8 USC 1186b. (A) in subsection (c)(2XA), by inserting “(and the alien’s spouse and children if it w£is obtained on a conditional basis under this section or section 216)” after “status of the alien”, and (B) in subsections (cX3XB) and (dX2)(A), by striking “obtaining the status of. (4) Section 121(bX2) of the Immigration Act of 1990 is amended by 104 Stat. 4994. striking “exclusion” and inserting “deportation”. (5) Section 124(a) of the Immigration Act of 1990 is amended— 8 USC 1153 note. (A) in paragraph (1)— (i) by inserting “(or paragraph (2) as the spouse or child of such an alien)” after “paragraph (3)”, and (ii) by adding at the end the following new sentence: “If the full number of such visas are not made available in fiscal year 1991 or 1992, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.”; and (B) in paragraph (3)(A), by striking “(and has been so employed during the 12 previous, consecutive months)” and inserting “except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months”. (6) Section 132 of the Immigration Act of 1990 is amended— 8 USC 1153 note. (A) in subsection (a), by inserting “(or in subsection (d) as the spouse or child of such an alien)” after “subsection (b)”; (B) in subsection (a), by adding at the end the following new sentence: “If the full number of such visas are not made available in fiscal year 1992 or 1993, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.”; (C) in subsection (b)(1), effective after fiscal year 1992, by Effective date, striking “that is not contiguous to the United States and’; (D) in subsection (c)— (i) effective beginning with fiscal year 1993, by striking Effective date, “in the chronological order in which aliens apply for each fiscal year” and inserting “strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State”, 105 STAT. 1744 PUBLIC LAW 102-232—DEC. 12, 1991 (ii) by inserting before the period at the end the following: “and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be voided”, and (iii) by adding at the end the following: “If the minimum number of such visas are not made available in fiscal year 1992 or 1993 to such natives, the shortfall shall be added to the number of such visas to be made available under this Ireland. section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland.”; and (E) in subsection (e)— (i) by striking “the grounds” and all that follows through “shall not apply, and”, (ii) by striking “of such section” and inserting “of section 212(a) of the Immigration and Nationality Act”, and (iii) by adding at the end the following: “In addition, the provisions of section 212(e) of such Act shall not apply so as to prevent an individual’s application for a visa or admission under this section.”. 8 use 1153 note. (7) Section 134(a) of the Immigration Act of 1990 is amended by inserting “(or in subsection (d) as the spouse or child of such an 8 use 1101 note. (c)(1) Section 141 of the Immigration Act of 1990 is amended— (A) in the heading, by striking “LEGAL”, (B) in subsection (a), by striking “Legal”, (C) in subsection (a)(1)(B), by striking “of the Subcommittee” and all that follows through “International Law”, and (D) by adding at the end the following new subsection: “(i) PRESIDENTIAL REPORT.—The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).”. (2) The item in the table of contents of such Act relating to section 141 is amended to read as follows: “Sec. 141. Commission on Immigration Reform.”. 8 use 1101 note. (d)(1) Section 152(b)(1)(A) of the Immigration Act of 1990 is amended by striking “who has performed faithful service” and inserting “and has performed faithful service as such an employee”. (2) Section 245 of the INA, as amended by section 2(c) of the 8 use 1255. Armed Forces Immigration Adjustment Act of 1991, is amended— (A) in subsection (c)(2), by inserting “(J),” after “(I),”, and (B) by adding at the end the following new subsection: “(h) In applying this section to a special immigrant described in section 101(a)(27)(J)— “(1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and “(2) in determining the alien’s admissibility as an immigrant— “(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) shall not apply, and “(B) the Attorney General may waive other paragraphs of section 212(a) (other than paragraphs (2)(A), (2)(B), (2)(C) PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1745 (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), or (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. The relationship between an alien and the alien’s natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 101(a)(27)(J) shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section.”. (3) Section 241(h) of the IN A, as amended by section 153(b) of the Immigration Act of 1990, is amended by striking the comma after 8 USC 1251. “(3)(A)”. (4) Section 154 of the Immigration Act of 1990 is amended— 8 USC 1201 note. (A) in subsection (b)(1)(A), by inserting “or China” after “Hong Kong”, (B) in subsection (b)(l)(B)(i), by inserting “of after “of section 203(a)”, and (C) by striking paragraph (3) of subsection (c). (5) Section 155 of the Immigration Act of 1990 is amended— 8 USC 1153 note. (A) in subsection (a), by inserting “(or section 203(e), in the case of fiscal year 1992)” after “203(c)”, and (B) in subsection (b), by striking “or the child” and inserting “or who are the spouse or child”. (e)(1) Section 161(a) of the Immigration Act of 1990 is amended b^ 8 USC lioi note, striking “in this section,” and inserting “in this title, this title and’ . (2) Section 161(c)(1) of the Immigration Act of 1990 is amended— (A) by inserting “or an application for labor certification before such date under section 212(a)(14)” after “before such date)”, (B) in subparagraph (A), by inserting “or application” after “such a petition”, (C) in subparagraph (A), by inserting “, or 60 days after the date of certification in the case of labor certifications filed in support of the petition under section 212(a)(14) of such Act before October 1, 1991, but not certified until after October 1, 1993” after “(by not later than October 1,1993”, and (D) by adding at the end the following new sentence: “In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A).”. (3) Section 203(f) of the INA, as inserted by section 162(a) of the Immigration Act of 1990, is amended— ^ USC 1153. (A) by striking “PRESUMPTION.—” and all that follows through “so described.” and inserting “AUTHORIZATION FOR ISSUANCE.—”, and (B) by striking “201(b)(1) or in subsection (a) or (b)” and inserting “201(b)(2) or in subsection (a), (b), or (c)”. (4) Section 204(a)(1) of the INA, as amended by section 162(b) of the Immigration Act of 1990, is amended— 8 USC 1154. (A) in subparagraph (A), by adding at the end the following: “An alien described in the second sentence of section 201(b)(2)(A)(i) also may file a petition with the Attorney General under this subparagraph for classification under such section.”, 105 STAT. 1746 PUBLIC LAW 102-232—DEC. 12, 1991 8 us e 1154. 8 us e 1182. 8 us e 1255. Effective date. 8 us e 1101. 8 us e 1186a. 8 us e 1201. Effective date. 8 us e 1182. Effective date. 8 us e 1255 note. 8 us e 1187. 8 us e 1281. (B) in subparagraph (F), by striking “Secretary of State” and inserting “Attorney General”, and (C) in subparagraph (G)(iii), by striking “or registration”. (5) Section 204(e) of the INA, as amended by section 162(b)(3) of the Immigration Act of 1990, is amended by striking “a immigrant” and inserting “an immigrant”. (6) Paragraph (1) of section 162(e) of the Immigration Act of 1990 is repealed, and the provisions of law amended by such paragraph are restored as though such paragraph had not been enacted. (7) Section 245(b) of the INA, as amended by section 162(e)(3) of the Immigration Act of 1990, is amended— (A) by striking “201(a)” and inserting “202 and 203”, and (B) by striking “for the succeeding fiscal year” and inserting “for the fiscal year then current”. (8) Effective as if included in section 162(e) of the Immigration Act of 1990— (A) clauses (ii)(II) and (iii)(II) of section 101(a)(27)(I) of the INA are amended by striking “applies for a visa or adjustment of status” and inserting “files a petition for status”, (B) section 216(gXl) of the INA is amended by striking “203(a)(8)” and inserting “203(d)”; and (C) section 221(a) of the INA is amended by striking “nonpreference,”. (9) Effective as if included in the Immigration Nursing Relief Act of 1989, section 212(m)(2)(A) of the INA is amended, by inserting after the first sentence following clause (vi) the following: “Notwithstanding the previous sentence, a facility that lays off a registered nurse other than a staff nurse still meets clause (i) if, in its attestation under this subparagraph, the facility has attested that it will not replace the nurse with a nonimmigrant described in section 101(a)(15)(H)(i)(a) (either through promotion or otherwise) for a period of 1 year after the date of the lay off.”. (10) Effective as if included in the Immigration Nursing Relief Act of 1989, as amended by section 162(f)(1)(B) of the Immigration Act of 1990, section 2(b) of the Immigration Nursing Relief Act of 1989 is amended by inserting after “registered nurse,” the following: “who, as of September 1, 1989, is present in the United States and had been admitted to the United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status,”. SEC. 303. CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION ACT OF 1990. (a)(1) Section 217 of the INA, as amended by section 201(a) of the Immigration Act of 1990, is amended— (A) in subsection (a)(4), by striking “BY SEA OR AIR” and inserting “INTO THE UNITED STATES”, and (B) in the heading of subsection (b), by striking “RIGHTS” and inserting “RIGHTS”. (2) Section 217(e)(1) of the INA, as redesignated by section 201(a)(7) of the Immigration Act of 1990, is amended by striking “(a)(4)(C)” and inserting “(a)(4)”. (3) The second sentence of section 251(d) of the INA, as inserted by section 203(b)(2) of the Immigration Act of 1990, is amended by striking “charterer” and inserting “consignee”. PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1747 (4) Section 258(c)(2)(B) of the INA, as inserted by section 203(a)(1) of the Immigration Act of 1990, is amended by striking “each such 8 USC 1288. list” and inserting “each list”. (5XA) Section 101(a)(15)(H)(i)(b) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by inserting 8 USC 1101. “subject to section 212(j)(2),” after “(b)”. (B) Section 212(j) of the INA is amended by striking paragraph (2) 8 USC 1182. and inserting the following: “(2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical profession may not be admitted as a nonimmigrant under section 101(a)(15)(H)(i)(b) unless— “(A) the alien is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency, or “(B)(i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and “(ii)(I) has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States).”. (6) Section 212(n)(l)(A)(ii) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended by striking “for such aliens” and inserting “for such a nonimmigrant”. (7)(A) Section 101(a)(15)(H)(i) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by striking “, and had approved by,”. (B) Section 212(n) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended— (i) in paragraph (1)(A)— (I) by striking “and to other individuals employed in the occupational classification and in the area of employment” and inserting “admitted or provided status as a nonimmigrant described in section 101(aX15)(H)(i)(b)”, (II) by amending subclause (I) to read as follows: “(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or”, (III) after subclause (II), by striking “determined” and inserting “based on the best information available”; (ii) in paragraph (1)(D), by striking “(and accompanying documentation)” and inserting “(and such accompanying documents as are necessary)”; (iii) in paragraph (1), by moving the matter after the first sentence of subparagraph (D) flush with the left margin and by adding at the end the following: “The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(i)(b) within 7 days of the date of the filing of the application.”; 105 STAT. 1748 PUBLIC LAW 102-232—DEC. 12, 1991 (iv) in paragraph (2)(C), by striking “(or a substantial failure” and all that follows through “misrepresentation” and inserting “of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (IXD), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation”; (v) in paragraph (2)(D), by striking “In addition to the sanctions provided under subparagraph (C), i f and inserting “If; and (vi) in paragraph (2XD), by inserting before the period at the end the following: “, whether or not a penalty under subparagraph (C) has been imposed”. Regulations. (8) The Secretary of Labor shall issue final or interim final 8 use 1101 note, regulations to implement the changes made by this section to section 101(aX15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act no later than January 2,1992. 8 use 1101 note. (9) Section 206(a) of the Immigration Act of 1990 is amended by inserting “and section 124(aX3XA) of this Act” after “Immigration and Nationality Act”. (10) Section 214(cX2) of the INA, as added by section 206(bX2) of 8 use 1184. the Immigration Act of 1990, is amended— (A) in subparagraph (A), by striking “individuals petitions” and inserting “individual petitions”, and (B) in subparagraph (D)(ii), by striking “involved” and inserting “involves”. (11) Section 214(aX2)(A) of the INA, as added by section 207(b)(1) of the Immigration Act of 1990, is amended by striking “under section 101(aX15)(O)” and inserting “described in section 101(aX15)(O)”. (12) Section 214(cX5) of the INA, as added by section 207(bX2XB) of the Immigration Act of 1990, is amended by striking “101(HXii)(b)” and inserting “101(aX15)(H)(ii)(b)”. 8 use 1184 note. (13) Section 207(c) of the Immigration Act of 1990 is amended by inserting “of the Immigration and Nationality Act” after “101(aX15)(H)(ii)(a)” each place it appears. (14) Section 101(a)(15)(Q) of the INA, as added by section 208(3) of 8 use 1101. the Immigration Act of 1990, is amended by striking “designated” and inserting “approved”. 8 use 1184 note. (b)(1) Section 221(a) of the Immigration Act of 1990 is amended— (A) in the matter before paragraph (1), by striking “in a position unrelated to the alien’s field of study and”, and (B) in paragraph (1), by inserting “academic” before “year”. (2) Section 221(b) of the Immigration Act of 1990 is amended— (A) by inserting “and the Secretary of Labor” after “the Commissioner of the Immigration and Naturalization”, and (B) by inserting “a report” after “to the Congress”. 8 use 1101 note. (3) Section 222(a) of the Immigration Act of 1990 is amended by striking “Subject to the succeeding provisions of this section” and inserting “Subject to subsection (b)”. 8 use 1101 note. (4) Section 223(a) of the Immigration Act of 1990 is amended— (A) by striking the period at the end of paragraph (2) and inserting a comma, and (B) by adding at the end the following: “or who is the spouse or minor child of such an alien if accompanying or following to join the alien.”. PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1749 SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT OF 1990. 8 us e 1254a note. 8 us e 2154a note. (a) Section 302(c) of the Immigration Act of 1990 is amended by striking “AFFECT”, “supercede”, and “affect” and inserting “EFFECT”, “supersede”, and “effect”, respectively. (b) Section 244A of the INA, as inserted by section 302(a) of the 8 USC 1254a, Immigration Act of 1990, is amended— (1) in subsection (aXD, by inserting after “designated under subsection (b)” the following: “(or in the case of an alien having no nationality, is a person who last habitually resided in such designated state)”, (2) in paragraph (IXB), by adding at the end the following: “In the case of aliens registered pursuant to a designation under this section made after July 17,1991, the Attorney Greneral may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding section 3302 of title 31, United States Code, all fees collected under this subparagraph shall be credited to the appropriation to be used in carrying out this section.”, and (3) in subsection (cXlXA), by inserting after “designated under subsection (b)(1)” the following: “(or in the case of an alien having no nationality, is a person who last habitually resided in such designated state)”. (c)(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization— (A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if— (i) in the case of an alien described in paragraph (2XA), the alien is found not to be excludable on a ground of exclusion referred to in section 301(aXl) of the Immigration Act of 1990, or (ii) in the case of an alien described in paragraph (2XB), the alien is found not to be excludable on a ground of exclusion referred to in section 244A(cX2)(AXiii) of the Immigration and Nationality Act; and (B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 244(a) of the Immigration and Nationality Act if the absence meets the requirements of section 244(bX2) of such Act. (2) Aliens described in this paragraph are the following: (A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity). (B) Aliens provided temporary protected status under section 244A of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990. SEC. 305. CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION ACT OF 1990. (a) Section 310(b) of the INA, as amended by section 401(a) of the Immigration Act of 1990, is amended by striking “District Court” 8 USC 1421. and inserting “district court”. (b) Section 407(cXll) of the Immigration Act of 1990 is amended by 8 USC 1440. striking “, other than subsection (d)”. 105 STAT. 1750 PUBLIC LAW 102-232—DEC. 12, 1991 8 use 1439. (c) Section 407(d)(8) of the Immigration Act of 1990 is amended by striking “Section 328(c) (8 U.S.C. 1439(c)) is amended” and inserting “Subsections (b)(3) and (c) of section 328 (8 U.S.C. 1439) are amended”. (d) Subsection (g) of section 334 of the INA, as redesignated by 8 use 1445. section 407(d)(12)(E) of the Immigration Act of 1990, is redesignated as subsection (f). 8 use 1445. (e) Section 407(d)(12)(B) of the Immigration Act of 1990 is amended by adding “and” at the end of clause (i). (f) Section 335(b) of the INA, as amended by section 8 use 1446. 407(d)(13)(C)(iii) of the Immigration Act of 1990, is amended by striking “District Court” and inserting “district court”. 8 use 1447. (g) Section 407(d)(14)(D)(i) of the Immigration Act of 1990 is amended by striking “clerk of the court” and inserting “clerk of court”. (h) Section 407(d)(14)(E)(ii) of the Immigration Act of 1990 is amended by striking “persons” and inserting “person”. 8 use 1448. (i) Section 337(c) of the INA is amended by striking “before”. 8 use 1449. (j)(l) Section 407(d)(16)(C) of the Immigration Act of 1990 is amended by striking the comma after “venue”. (2) Section 338 of the INA, as amended by section 407(d)(16)(C) of 8 use 1449. the Immigration Act of 1990, is amended by striking “District” and inserting “district”, (k) Section 340 of the INA, as amended by section 407(d)(18) of the 8 use 1451. Immigration Act of 1990, is amended— (1) in the first sentence of subsection (a), by striking “District Court” and inserting “district court”, and (2) in the second sentence of subsection (g), by striking “clerk of the court” and inserting “clerk of court”. 8 use 1455. (1) Section 407(d)(19)(A)(i) of the Immigration Act of 1990 is amended by striking “clerk of the court” and inserting “clerk of court”. Effective date. (m) Effective as if included in section 407(d) of the Immigration Act of 1990: 8 use 1101. (1) Paragraph (24) of section 101(a) of the INA is repealed. 8 use 1423. (2) Section 312 of the INA is amended by striking “petition” and inserting “application” each place it appears. 8 use 1433. (3) The heading of section 322 of the INA is amended by striking “PETITION” and inserting “APPLICATION”. (4) The item in the table of contents of the INA relating to section 322 is amended by striking “petition” and inserting “application”. 8 use 1441. (5) Section 330 of the INA is amended by striking “of this subsection” and inserting “of this section”. 8 use 1443. (6) Section 332(a) of the INA is amended by striking “petitioners” and inserting “applicants”. (7) Section 334(a) of the INA is amended by striking “, in duplicate,”. 8 use 1452. (8) Section 341(a) of the INA is amended by striking “a petitioner” and inserting “an applicant”. 8 use 1421 note. (n) Section 408(a)(2)(B) of the Immigration Act of 1990 is amended by striking “on the date of the enactment of this Act” and inserting “on January 1, 1992”. PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1751 SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990. (a)(1) Section 101(a)(43) of the INA, as amended by section 501(a)(4) of the Immigration Act of 1990, is amended by striking “,.” and inserting a period. (2) Section 502(a) of the Immigration Act of 1990 is amended by striking “(8 U.S.C. 1152a(aXl))” and inserting “(8 U.S.C. 1105a(a)(l))”. (3) Section 287(aX4) of the INA, as amended by section 503(aX2) of the Immigration Act of 1990, is amended by striking “, and” at the end and inserting “; and”. (4) Subparagraph (B) of section 242(aX2) of the INA, as added by section 504(aX5) of the Immigration Act of 1990, is amended to read as follows: “(B) The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonstrates to the satisfaction of the Attorney General that such alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.”. (5) Section 236(eXl) of the INA, as amended by section 504(b) of the Immigration Act of 1990, is amended by striking “upon completion of the alien’s sentence for such conviction” and inserting “upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)”. (6) Section 503(a)(ll) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 507 of the Immigration Act of 1990, is amended— (A) by striking “the certified records” and inserting “notice”, and (B) by inserting before the period at the end the following: “and under which the State will provide the Service with the certified record of such a conviction within 30 days of the date of a request by the Service for such record”. (7) Section 509(b) of the Immigration Act of 1990 is amended by inserting before the period at the end the following: “, except with respect to conviction for murder which shall be considered a bar to good moral character regardless of the date of the conviction”. (8) The last sentence of section 510(b) of the Immigration Act of 1990 is amended by striking “for”. (9) The last sentence of section 510(c) of the Immigration Act of 1990 is amended by striking “been been” and inserting “been”. (10) The last sentence of section 212(c) of the INA, as added by section 511(a) of the Immigration Act of 1990, is amended by striking “an aggravated felony and has served” and inserting “one or more aggravated felonies and has served for such felony or felonies”. (11) Section 513(b) of the Immigration Act of 1990 is amended— (A) by striking “petitions to review” and inserting “petitions for review”, and (B) by inserting before the period at the end the following: “and shall apply to convictions entered before, on, or after such date”. (12) Section 514(a) of the Immigration Act of 1990 is amended by striking “10 years” and inserting “ten years”. 8 us e 1101. 8 us e 1105a. 8 us e 1357. 8 us e 1252. 8 us e 1226. 42 us e 3753. 8 us e 1101 note. 8 us e 1251 note. 8 us e 1182. 8 us e 1105a note. 8 us e 1182. 105 STAT. 1752 PUBLIC LAW 102-232—DEC. 12, 1991 8 us e 1324b. 8 us e 1324a. (13) Paragraphs (1) and (2) of section 515(b) of the Immigration Act 8 use 1158 note, of 1990 are amended to read as follows: “(1) The amendment made by subsection (aXD shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for asylum made on or after such date. “(2) The amendment made by subsection (a)(2) shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for withholding of deportation made on or after such date.”. (b)(1) Section 274B(g)(2)(B)(iv)(II) of the INA, as amended by section 536(a) of the Immigration Act of 1990, is amended by striking “subclause (IV)” and inserting “subclauses (III) and (IV)”. (2) Section 274A(b)(3) of the INA, as amended by section 538(a) of the Immigration Act of 1990, is amended by striking the comma Qj4-oj» officers of tlip S^Tvic^
(3) Section 274B(g)(2)(B) of the INA, as amended by section 539(a)
of the Immigration Act of 1990, is amended—
(A) in clause (iv)(IV), by striking the period at the end and
inserting a semicolon,
(B) in clauses (v) and (vi), by striking the comma at the end
and inserting a semicolon,
(C) in clause (vii), by striking “, and” and inserting “; and”,
(D) in clause (vii), by striking “to order (in an appropriate
case) the removal o f and inserting “to remove (in an appropriate case)”, and
(E) in clause (viii), by striking “to order (in an appropriate
case) the lifting o f and inserting “to lift (in an appropriate
C3.SGV
(c)(1) Section 274B(g)(2)(D) of the INA is amended by striking
“physicially” and inserting “physically”.
8 use 1229. (2) Section 543(a)(3) of the Immigration Act of 1990 is amended by
inserting “each place it appears” before “and inserting”.
(3) Sections 252(c) and 275(a) of the INA, as amended by section
8 use 1282, 543(b) of the Immigration Act of 1990, are each amended by striking
^^25. “fined not more than” and all that follows through “United States
Code)” and inserting “fined under title 18, United States Code,”.
8 use 1221. (4)(A) The second sentence of section 231(d) of the INA is amended
by striking “collector of customs” and inserting “Commissioner”.
8 use 1227. (B) The third sentence of section 237(b) of the INA is amended by
striking “district director of customs” and inserting
“Commissioner”.
8 use 1284. (C) The second sentence of section 254(a) of the INA is amended by
striking “collector of customs” and inserting “Commissioner”.
8 use 1323. (D) The second sentence of section 273(b) of the INA is amended by
striking “collector of customs” and inserting “Commissioner”.
(5)(A) Section 274C(a) of the INA, as added by section 544(a) of the
8 use 1324c. Immigration Act of 1990, is amended—
(i) in paragraph (2), by inserting “or to provide” after “or
receive”,
(ii) in paragraph (3), by inserting “or to provide or attempt to
provide” after “attempt to use”, and
(iii) in paragraph (4), by inserting “or to provide” after
“receive”.
8 use 1251 note. (B) Section 544 of the Immigration Act of 1990 is amended by
striking “(c) EFFECTIVE” and inserting “(d) EFFECTIVE”.
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1753
(6) Section 242B of the INA, as inserted by section 545(a) of the
Immigration Act of 1990, is amended— 8 USC 1252b.
(A) in subsection (a)(1)(E), by striking “, upon request,”;
(B) in subsection (a)(2)(A)(ii), by inserting “, except under
exceptional circumstances,” after “failure”;
(C) in subsection (a)(2), by adding at the end the following:
“In the case of an alien not in detention, a written notice shall
not be required under this paragraph if the alien has failed to
provide the address required under subsection (a)(1)(F).”;
(D) in subsection (b)(1), by inserting before the period at the
end the following: “, unless the alien requests in writing an
earlier hearing date”;
(E) in subsection (b)(2)—
(i) by inserting “pro bono” after “to represent”, and
(ii) by adding at the end the following: “Such lists shall be
provided under subsection (a)(1)(E) and otherwise made generally available.”;
(F) in subsection (c)—
(i) in paragraph (1), by striking “except as provided in
paragraph (2),” each place it appears,
(ii) in paragraph (1), by adding at the end the following:
“The written notice by the Attorney General shall be
considered sufficient for purposes of this paragraph if provided at the most recent address provided under subsection
(a)(1)(F).”, and
(iii) by striking the second sentence of paragraph (2);
(G) in subsection (c)(4), by inserting “(or 30 days in the case of
an alien convicted of an aggravated felony)” after “60 days”;
(H) in subsection (d), by striking “the Board” and inserting
“the Attorney General”;
(I) in subsection (e)(4)(B), by inserting “a” after “with respect
to”; and
(J) in subsection (e)(5), by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) as subparagraphs
(A) through (C), respectively.
(7) The 8th sentence of section 242(b) of the INA, as amended by
section 545(e) of the Immigration Act of 1990, is amended to read as 8 USC 1252.
follows: “Such regulations shall include requirements that are
consistent with section 242B and that provide that—
“(1) the alien shall be given notice, reasonable under all the
circumstances, of the nature of the charges against him and of
the time and place at which the proceedings will be held,
“(2) the alien shall have the privilege of being represented (at
no expense to the Government) by such counsel, authorized to
practice in such proceedings, as he shall choose,
“(3) the alien shall have a reasonable opportunity to examine
the evidence against him, to present evidence on his own behalf,
and to cross-examine witnesses presented by the Government,
and
“(4) no decision of deportability shall be valid unless it is
based upon reasonable, substantial, and probative evidence.”.
SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION
ACT OF 1990.
(a) Section 212(a) of the INA, as amended by section 601(a) of the
Immigration Act of 1990, is amended— 8 USC 1182.
(1) in paragraph (1)(A), by adding “or” at the end of clause (ii);
49-194 O – 92 – 26 : QL. 3 Part 2
105 STAT. 1754 PUBLIC LAW 102-232—DEC. 12, 1991
(2) in paragraph (3)(A)(i), by inserting “(I)” after “any activity” and by inserting “(ID” after “sabotage or”;
(3) in paragraph (3)(B)(iiiXIII), by striking “an act of terrorist
activity’ and inserting “a terrorist activity”;
(4) in paragraph (3)(D)(iv), by striking “if the alien” and
inserting “if the immigrant”;
(5) in paragraph (3)(C)(iv), by striking “identities” and inserting “identity ;
(6) in paragraph (5)(C), by striking “preference immigrants”
and all that follows through the end and inserting the following:
“immigrants seeking admission or adjustment of status under
paragraph (2) or (3) of section 203(b).”;
(7) in paragraph (6)(B)—
(A) by striking “who seeks” and inserting “(a) who seeks”,
(B) by striking “(or” and inserting “, or (b) who seeks
admission”, and
(C) by striking “felony)” and inserting “felony,”;
(8) in paragraph (6)(E)—
(A) by redesignating clause (ii) as clause (iii), and
(B) by inserting after clause (i) the following new clause:
“(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION.—Clause (i) shall not apply in the case of alien
who is an eligible immigrant (as defined in section
301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and
is seeking admission as an immediate relative or under
section 203(a)(2) (including under section 112 of the
Immigration Act of 1990) or benefits under section
301(a) of the Immigration Act of 1990 if the alien,
before May 5, 1988, has encouraged, induced, assisted,
abetted, or aided only the alien’s spouse, parent, son, or
daughter (and no other individual) to enter the United
States in violation of law.”;
(9) in parajgraph (8)(B), by striking “alien” the first place it
appears and inserting “person”; and
(10) in paragraph (9)(C)—
(A) in clause (i), by striking ever5rthing that follows
“entry of’ and inserting “an order by a court in the United
States granting custody to a person of a United States
citizen child who detains or retains the child, or withholds
custody of the child, outside the United States from the
person granted custody by that order, is excludable until
the child is surrendered to the person granted custody by
that order.”, and
(B) in clause (ii), by striking “to an alien who” and all
that follows through “signatory” and inserting “so long as
the child is located in a foreign state that is a party”.
(b) Section 212(c) of the INA, as amended by section 601(d)(1) of the
8 use 1182. Immigration Act of 1990, is amended by striking “subparagraphs
(A), (B), (C), or (E) of paragraph (3)” and inserting “paragraphs (3)
and (9)(C)”.
(c) Section 212(d)(3) of the INA, as amended by section
601(d)(2)(B)(i) of the Immigration Act of 1990, is amended—
(1) by striking “(3)(A),” and inserting “(3)(A)(i)(I), (3)(A)(ii),
(3)(A)(iii),” each place it appears, and
.. (2) by striking “(3)(D)’* and inserting “(3)(E)” each place it
appears.
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1755
(d) Section 212(d)(ll) of the IN A, as added by section 601(d)(2)(F) of
the Immigration Act of 1990, is amended by inserting “and in the 8 USC 1182.
case of an alien seeking admission or adjustment of status as an
immediate relative or immigrant under section 203(a) (other than
paragraph (4) thereof)” after “section 211(b)”.
(e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of
the Immigration Act of 1990, is amended by striking “section
(a)(l)(A)(i)” and inserting “subsection (a)(l)(A)(i)”.
(f) Section 212(h) of the INA, as amended by section 601(d)(4) of the
Immigration Act of 1990, is amended—
(1) in the matter before paragraph (1), by striking “in the case
of ” and all that follows through “permanent residence”; and
(2) in paragraph (1)—
(A) in the matter before subparagraph (A), by inserting
“(A) in the case of any immigrant” after “(1)”,
(B) by striking “and” at the end of subparagraph (A),
(C) by striking “and” at the end of subparagraph (C) and
inserting “or”,
(D) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and
(E) by adding at the end the following:
“(B) in the case of an immigrant who is the spouse, parent,
son, or daughter of a citizen of the United States or an alien
lawfully admitted for permanent residence if it is established to
the satisfaction of the Attorney General that the alien’s exclusion would result in extreme hardship to the United States
citizen or lawfully resident spouse, parent, son, or daughter of
such alien; and”.
(g) Section 212(i) of the INA, as amended by section 601(d)(5) of the
Immigration Act of 1990, is amended by striking “alien” and
“alien’s” each place it appears and inserting “immigrant” and
“immigrant’s”, respectively.
(h) Section 241(a) of the INA, as amended by section 602(a) of the
Immigration Act of 1990, is amended— 8 USC 1251.
(1) by striking “deportable as being”, and by inserting
“deportable” after “the following classes of;
(2) in paragraph (l)(D)(i), by inserting “respective” after
“terminated under such”;
(3) in paragraph (l)(E)(i), by inserting “any” before “entry”
the second and third places it appears;
(4) in paragraph (1)(E), by redesignating clause (ii) as clause
(iii) and by inserting after clause (i) the following new clause:
“(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION.—Clause (i) shall not apply in the case of alien
who is an eligible immigrant (as defined in section
301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and
is seeking admission as an immediate relative or under
section 203(a)(2) (including under section 112 of the
Immigration Act of 1990) or benefits under section
301(a) of the Immigration Act of 1990 if the alien,
before May 5, 1988, has encouraged, induced, assisted,
abetted, or aided only the alien’s spouse, parent, son, or
daughter (and no other individual) to enter the United
States in violation of law.”;
(5) in paragraph (1)(G), by striking “212(a)(5)(C)(i)” and inserting “212(a)(6)(C)(i)”;
105 STAT. 1756 PUBLIC LAW 102-232—DEC. 12, 1991
(6) in paragraph (1)(H), by striking “paragraph (6) or (7)” and
,, inserting “paragr,4ph (4)(D)’;
(7) in paragraph (2)(D), by inserting “or attempt” after
“conspiracy”;
(8) in paragraph (3), by adding at the end the following:
“(C) DOCUMENT FRAUD.—Any alien who is the subject of a
final order for violation of section 274C is deportable.”;
(9) in subparagraphs (A) and (B) of paragraph (4), by striking
“after entry has engaged” and inserting “after entry engages”;
and
(10) in paragraph (4)(C)(ii), by striking “excluability” and
inserting “excludability”.
(i) Section 102 of the INA, as amended by section 603(a)(2) of the
8 use 1102. Immigration Act of 1990, is amended by striking “paragraph (3)
(other than subparagraph (E)) of section 212(a)” each place it appears and inserting “subparagraphs (A) through (C) of section
212(a)(3)”.
Effective date. (j) Effective as if included in section 603(a)(5) of the Immigration
8 use 1160. Act of 1990, section 21003)(7)(B) of the INA is amended by striking
“212(a)(19)” and inserting “212(a)(6)(C)(i)”.
Effective date. (k) Effective as if included in section 602(b) of the Immigration Act
8 use 1251. of 1990, section 241 of the INA is amended—
(1) by striking subsection (d), and
(2) in the subsection (h) (added by section 153(b) of the
Immigration Act of 1990) by striking “exist” and inserting
“existed” and by redesignating the subsection as subsection (c).
Effective date. (1) Effective as if included in section 603(a) of the Immigration Act
of 1990:
(1) Sections 207(c)(3) and 209(c) of the INA, as amended by
8 use 1157, section 603(a)(4)(B) of the Immigration Act of 1990, are each
^^^^- amended by striking “subparagraphs (A)” and inserting
“subparagraph (A)”.
8 use 1161. (2) Section 210A(e)(2)(B) of the INA is amended by striking
clauses (iii) and (iv) and inserting the following:
“(iii) Paragraph (3) (relating to security and related
grounds).”.
8 use 1187. (3) Section 217(a) of the INA is amended by striking “(26)(B)”
and inserting “(7)(B)(i)(II)”.
8 use 1188. (4) Section 218(g)(3) of the INA is amended by striking
“212(a)(14)” and inserting “212(a)(5)(A)(i)”.
(5) Section 244A(c) of the INA, as inserted by section 302(a) of
8 use 1254a. the Immigration Act of 1990, is amended—
(A) in paragraph (2)(A)(iii)(I), by striking “paragraphs (9)
and (10)’^ and inserting “paragraphs (2)(A) and (2)(B)”; and
(B) by amending subclause (III) of paragraph (2)(A)(iii) to
read £is follows:
“(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of
such section (relating to national security and
participation in the Nazi persecutions or those who
have engaged in genocide).”.
8 use 1255a. (6) Section 245A(d)(2)(B)(ii) of the INA is amended—
(A) by striking subclause (IV),
(B) by redesignating subclause (II) as subclause (IV) and
by transferring and inserting it after clause (III),
(C) by redesignating subclause (III) as subclause (II),
(D) by inserting after subclause (II) (as so redesignated)
the following new subclause:
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1757
“(HI) Paragraph (3) (relating to security and related grounds).”, and
(E) by striking “Subclause (II)” and inserting “Subclause
(IV)”.
(7) Section 272(a) of the INA is amended by striking the 8USC1322.
comma before “shall pay”.
(8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as
amended by section 603(a)(20)(B) of the Immigration Act of 1990, 8 USC llOl note,
is amended by striking “(D)” and inserting “(E)”.
(9) Section 599E of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended by striking “(23)(B), (27), (29), or (33)” and 8 USC 1255 note,
inserting “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)”.
(10) Section 2(a)(3) of the Immigration Nursing Relief Act of
1989 is amended by striking “212(a)(14)” and inserting 8 USC 1255 note.
“212(a)(5)(A)”.
(m) Effective as if included in section 603(b) of the Immigration Effective date.
Act of 1990—
(1) paragraph (4)(B) of such section is amended by striking “in 8 USC 1254.
paragraph (2)’, and
(2) section 242(e) of the INA is amended by striking “para- 8 USC 1252.
•; graphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)”
and inserting “paragraph (2), (3), or (4)”.
SEC. 308. CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION
ACT OF 1990.
(a) Effective October 1, 1991, section 245(e)(3) of the INA, as added Effective date,
by section 702(a)(2) of Immigration Act of 1990, is amended by 8 USC 1255.
striking “204(h)” and inserting “204(g)”.
(b) Section 702(b) of the Immigration Act of 1990 is amended by 8 USC 1154.
striking “204(h) (8 U.S.C. 1154(h))” and inserting “204(g) (8 U.S.C.
1154(g)), as redesignated by section 162(b)(6) of this Act,”.
(c) Section 304(f) of the Immigration Reform and Control Act of
1986, as amended by section 704(b) of the Immigration Act of 1990, is 8 USC 1160 note,
amended—
(1) by striking “appointment in the and” and inserting
“appointment and”, and
(2) by striking “civil” the first place it appears and inserting
“competitive”.
(d) Section 404(b)(2)(A) of the INA, as added by section 705(a)(5) of
the Immigration Act of 1990, is amended by adding at the end the ^ ^SC1101 note,
following new sentence: “In applying clause (i), the providing of
parole at a point of entry in a district shall be deemed to constitute
an application for asylum in the district.”.
SEC. 309. ADDITIONAL MISCELLANEOUS CORRECTIONS.
(aXl)(A) Section 209 of the Department of Justice Appropriations Act, 1989 (title, II of Public Law 100-459, 102 Stat. 2203) is
amended—
(i) in subsection (a)— 8 USC 1356.
(I) by striking “Title 8, United States Code, section 1356
is amended by adding” and inserting “Section 286 of the
Immigration and Nationalitv Act (8 U.S.C. 1356) is
amended by adding at the end’, and
105 STAT. 1758 PUBLIC LAW 102-232—DEC. 12, 1991
8 use 1356. (II) in the subsection (o) added by such subsection, by
striking “will” and inserting “shall”; and
8 use 1455. (ii) by amending subsection (b) to read as follows:
“Qa) Section 344(g) of the Immigration and Nationality Act (8
U.S.C. 1455(g)) is amended by inserting after ‘Treasury of the United
States’ the following: ‘except that all such fees collected or paid over
on or after October 1, 1988, shall be deposited in the Immigration
Examinations Fee Account established under section 286(m)’.”.
(B) The fourth proviso under Immigration and Naturalization
Service in the Department of Justice Appropriations Act, 1990 (title
8 use 1356. II of Public Law 101-162, 103 Stat. 1000) is amended to read as
follows: “: Provided further, That section 286(n) of the Immigration
and Nationality Act (8 U.S.C. 1356(n)) is amended by striking ‘in
excess of $50,000,000′ and by striking the second sentence”.
(2)(A) Section 286 of the INA, as amended by section 210 of the
8 use 1356. Department of Justice Appropriations Act, 1991, is amended—
(i) in subsection (h)(1)(A), by inserting a period after “available until expended”,
(ii) in subsection (m), by striking “additonal” and inserting
“additional”,
(iii) by moving the left margins of subsection (q)(2) and the
matter in subsection (q)(3)(A) (before clause (i)) 2 ems to the left,
(iv) in subsection (q)(3)(A), by inserting “the” after “The Secretary of, and
(v) in subsection (q)(5)(B), by striking “subsection (q)(l)” and
inserting “paragraph (1)”.
(B) Section 210(a)(2) of the Department of Justice Appropriations
8 use 1356. Act, 1991, is amended by striking “in which fees” and inserting “in
which the fees”.
Effective date. (3) The amendments made by paragraph (1) and (2) shall be
8 use 1356 note, effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 and the Department of
Justice Appropriations Act, 1990, respectively.
8 use 1101. (b)(1) Section 101(a)(15)(D)(i) of the INA is amended by inserting a
comma after “States)”.
(2) The item in the table of contents of the INA relating to section 242A is amended by striking “Procedures” and inserting
“procedures”.
(3) The item in the table of contents of the INA relating to section
345 is repealed.
(4) Section 101(c)(1) of the INA is amended by striking “322, and
323″ and inserting “and 322”.
(5) Section 204(f)(4)(AXii)(II) of the INA, as redesignated by section
8 use 1154. 162(d)(6) of the Immigration Act of 1990, is amended by striking
“section 652 of such Act” and inserting “the second and third
S6ril^6nc6s of sucxi SGction
8 use 1160. (6) Paragraph (3) of section 210(d) of the INA is amended—
(A) by indenting the paragraph (and its subparagraphs) 2 ems
to the right;
< ‘ (B) by striking “the Immigration and Naturalization Service
(INS) pursuant to section 210(d) of the Immigration and
Nationality Act (INA)” and inserting “Service pursuant to this
subsection”;
(C) in the matter before subparagraph (A), by striking “INS”
each place it appears and inserting “Service”;
PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1759
(D) in subparagraph (A), by striking “as defined in section
210(a)(1)(A) of the INA the INS” and inserting “described in
subsection (a)(1)(A) the Service”;
(E) in subparagraph (A), by striking “in the INA” and inserting “in this Act”;
(F) in subparagraph (B), by striking “as defined in section
210(a)(l)(B)(l)(B) of the INA” and inserting “described in subsection (a)(1)(A)”; and
(G) in subparagraph (B), by striking “section 210(b)(1)(A)” and
inserting “subsection (b)(1)(A)”.
(7) Section 212(j) of the INA is amended by striking “International 8 USC 1182.
Communication Agency” in paragraphs (1)(D) and (3) and inserting
“United States Information Agency”.
(8) Section 218(i)(l) of the INA is amended by striking “274A(g)” 8 USC 1188.
and inserting “274A(h)(3)”.
(9) Section 242(h) of the INA is amended by inserting a comma 8 USC 1252.
after “Parole”.
(10) Section 242A(a) of the INA is amended by striking “101(a)(43)” 8 USC 1252a.
and inserting “101(a)(43))”.
(11) Section 274A(b)(l)(D)(ii) of the INA is amended by striking 8 USC 1324a.
“clause (ii)” and inserting “clause (i)”.
(12) Section 286(e)(1)(D) of the INA is amended by striking “of this 8 USC 1356.
title”.
(13) Section 313(a)(2) of the INA is amended by inserting “and” 8 USC 1424.
before “(F)” and by striking “; (G)” and all that follows through “of
1950″ the second place it appears.
(14) Section 344(c) of the INA, as redesignated by section
407(d)(19)(F) of the Immigration Act of 1990, is amended by striking 8 USC 1455.
“of this subchapter” and inserting “of this title”.
(15) The amendments made by section 8 of the Immigration Effective date.
Technical Corrections Act of 1988 shall be effective as if included in ^ USC llOl note,
the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653).
SEC. 310. EFFECTIVE DATES. 8 USC 1101 note.
Except as otherwise specifically provided, the amendments made
by (and provisions of)—
(1) sections 302 through 308 shall take effect as if included in
the enactment of the Immigration Act of 1990,
105 STAT. 1760 PUBLIC LAW 102-232—DEC. 12, 1991
(2) section 309(a) shall be effective with respect to allotments
for fiscal years beginning with fiscal year 1989, and
(3) section 309(c) shall take effect on the date of the enactment
of this Act.
Approved December 12, 1991.