Text: S.358 — 101st Congress (1989-1990)All Information (Except Text)

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Calendar No. 130
101st CONGRESS
1st Session
S. 358
[Report No. 101-55]
A BILL
To amend the Immigration and Nationality Act to change the level, and
preference system for admission, of immigrants to the United States, and to
provide for administrative naturalization, and for other purposes.
June 19 (legislative day, JANUARY 3), 1989
Reported with an amendment
S 358 RS
Calendar No. 130
101st CONGRESS
1st Session
S. 358
[Report No. 101-55]
To amend the Immigration and Nationality Act to change the level, and
preference system for admission, of immigrants to the United States, and to
provide for administrative naturalization, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 7 (legislative day, JANUARY 3), 1989
Mr. KENNEDY (for himself, Mr. SIMPSON, Mr. MOYNIHAN, Mr. D'AMATO, and
Mr. DODD) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
June 19 (legislative day, JANUARY 3), 1989
Reported by Mr. BIDEN, with an amendment
[Stike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Immigration and Nationality Act to change the level, and
preference system for admission, of immigrants to the United States, and to
provide for administrative naturalization, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
 [Struck out->] TITLE I--IMMIGRATION ACT OF 1989 [] SEC. 101. SHORT TITLE; REFERENCES IN TITLE. []   (a) SHORT TITLE- This title may be cited as the `Immigration
 Act of 1989'. []   (b) REFERENCES IN ACT- Except as specifically provided in
 this title, whenever in this title an amendment or repeal is expressed as
 an amendment to, or repeal of a provision, the reference shall be deemed
 to be made to the Immigration and Nationality Act. [] SEC. 102. NATIONAL LEVEL OF IMMIGRATION. []   (a) WORLDWIDE LEVEL OF IMMIGRATION- (1) Section 201 (8
 U.S.C. 1151) is amended to read as follows: [] `WORLDWIDE LEVEL OF IMMIGRATION []   `SEC. 201. (a) IN GENERAL- Exclusive of aliens described
 in subsection (b), aliens born in a foreign state or dependent area who
 may be issued immigrant visas or who may otherwise acquire the status of
 an alien lawfully admitted to the United States for permanent residence
 are limited to-- []   `(1) family connection immigrants described in section
 203(a) (or who are admitted under section 211(a) on the basis of a prior
 issuance of a visa to their accompanying parent under section 203(a)) in a
 number not to exceed in any fiscal year the number specified in subsection
 (c) for that year, and not to exceed in any of the first 3 quarters of any
 fiscal year 27 percent of the worldwide level under such subsection for
 all of such fiscal year; []   `(2) independent immigrants described in section 203(b)
 (or who are admitted under section 211(a) on the basis of a prior issuance
 of a visa to their accompanying parent under section 203(b)), in a number
 not to exceed in any fiscal year the number specified in subsection (d)
 for that year, and not to exceed in any of the first 3 quarters of any
 fiscal year 27 percent of the worldwide level under such subsection for
 all of such fiscal year; and []   `(3) for fiscal years 1991, 1992, or 1993, qualified
 backlog immigrants as described in section 203(a)(4)(B), not to exceed
 30,000 in any fiscal year. []   `(b) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS-
 The following aliens are not subject to the worldwide levels or numerical
 limitations of subsection (a): []   `(1)(A) Special immigrants described in subparagraph (A)
 or (B) of section 101(a)(27). []   `(B) Aliens who are admitted under section 207(c) pursuant
 to a numerical limitation established under section 207(b). []   `(C) Aliens whose status is adjusted to permanent residence
 under section 210, 210A, or 245A. []   `(D) Aliens provided permanent resident status under
 section 249. []   `(2)(A)(i) Aliens who are immediate relatives. For purposes
 of this clause, the term `immediate relatives' means the children, spouses,
 and parents of a citizen of the United States, except that, in the case of
 parents, such citizens shall be at least 21 years of age. []   `(ii) Aliens admitted under section 211(a) on the basis
 of a prior issuance of a visa to their accompanying parent who is such an
 immediate relative. []   `(B) Aliens born to an alien lawfully admitted for permanent
 residence during a temporary visit abroad. []   `(C) Aliens who are admitted under section 207(c) pursuant
 to a numerical limitation established under section 207(a) and aliens who
 are granted asylum under section 208. []   `(c) WORLDWIDE LEVEL OF FAMILY CONNECTION IMMIGRANTS- (1)
 The worldwide level of family connection immigrants under this subsection
 for a fiscal year is equal to-- []   `(A) 440,000, minus []   `(B) the number computed under paragraph (2), plus
 []   `(C) the number (if any) computed under paragraph
 (3). []   `(2) The number computed under this paragraph for a fiscal
 year is the sum of the number of aliens described in subparagraph (A) or (B)
 of subsection (b)(2) who were issued immigrant visas or otherwise acquired
 the status of aliens lawfully admitted to the United States for permanent
 residence in the previous fiscal year. []   `(3) The number computed under this paragraph for a fiscal
 year (beginning with fiscal year 1992) is the difference (if any) between
 the maximum number of visas which may be issued under subsection (a)(2)
 (relating to independent immigrants) during the previous fiscal year and the
 number of visas issued under that subsection during that year. []   `(d) WORLDWIDE LEVEL OF INDEPENDENT IMMIGRANTS- (1) The
 worldwide level on independent immigrants under this subsection for a fiscal
 year is equal to-- []   `(A) 150,000, minus []   `(B) for each of fiscal years 1991, 1992, and 1993, 30,000,
 plus []   `(C) the number computed under paragraph (2). []   `(2) The number computed under this paragraph for a fiscal
 year (beginning with fiscal year 1992) is the difference (if any) between the
 maximum number of visas which may be issued under subsection (a)(1) (relating
 to family connection immigrants) during the previous fiscal year and the
 number of visas issued under that subsection during that year. []   `(e) REPORT ON, AND REVISION OF, WORLDWIDE LEVEL OF
 IMMIGRATION- (1) In January before the beginning of fiscal year 1994 (and
 before each succeeding fiscal year thereafter), the Attorney General,
 in consultation with the Secretary of Labor, the Secretary of State, the
 Secretary of Health and Human Services, the Administrator of the Environmental
 Protection Agency, and the Secretary of Housing and Urban Development, shall
 prepare and transmit to the President and to the Judiciary Committees of the
 Senate and of the House of Representatives a report discussing the effect of
 immigration on the United States. The report shall consider-- []   `(A) the requirements of citizens of the United States
 and of aliens lawfully admitted for permanent residence to be joined in
 the United States by immediate family members; []   `(B) the impact of immigration on labor needs, employment,
 and other economic and domestic conditions in the United States; []   `(C) the impact of immigration with respect to demographic
 and fertility rates and resources and environmental factors; and []   `(D) the impact of immigration on the foreign policy and
 national security interests of the United States. [] The report for fiscal year 1994 (and each third fiscal year
 thereafter) shall include a discussion, based upon such considerations, of
 the need (if any) to revise the number specified in subsection (c)(1)(A)
 or the number specified in subsection (d)(1)(A) for the 3-fiscal year
 period beginning with the first fiscal year following transmittal of the
 report. Beginning with fiscal year 1994, and every three fiscal years
 thereafter, the Committee on the Judiciary of the Senate and the Committee
 on the Judiciary of the House of Representatives shall hold hearings on
 the findings of the latest such report. []   `(2) In March before the beginning of fiscal year 1994
 (and of each third fiscal year thereafter), the President shall, after
 considering the corresponding report transmitted under paragraph (1) and
 after soliciting the views of members of the Committees on the Judiciary of
 the House of Representatives and of the Senate, determine whether or not the
 number specified in subsection (c)(1)(A) or the number specified in subsection
 (d)(1)(A) should be changed for the 3-fiscal year period beginning with the
 next following fiscal year, and, if so, which number should apply instead
 of the number specified in the respective subsection for the fiscal years
 of that period. The President shall transmit such determination to the
 Congress by not later than March 31 before the fiscal year involved and
 shall deliver such determination to both Houses of Congress on the same
 day and while each House is in session. []   `(3)(A) Notwithstanding the provisions of subsections
 (c)(1)(A) and (d)(1)(A), if the number transmitted in a determination of
 the President with respect to subsection (c)(1)(A) or subsection (d)(1)(A)
 for the fiscal years of a 3-fiscal year period-- []   `(i) is not less than 95 percent, nor more than 105 percent,
 of the number specified in that respective subsection, unless the Congress,
 by not later than August 31 following the date of the transmittal, enacts a
 joint resolution the substance of which disapproves the change with respect
 to the number for that respective subsection for the fiscal years of that
 3-fiscal year period, the number so transmitted shall take effect and apply,
 instead of the number specified in that respective subsection, during that
 period; or []   `(ii) is less than 95 percent, or more than 105 percent,
 of the number specified in that respective subsection, if the Congress,
 by not later than August 31 following the date of the transmittal, enacts
 a joint resolution the substance of which approves the change with respect
 to the number specified in that respective subsection for the fiscal years
 of that 3-fiscal year period, the number so transmitted shall take effect
 and apply, instead of the number specified in that respective subsection,
 during that period. []   `(B) For purposes of this paragraph, a number transmitted by
 the President under paragraph (2) which takes effect and applies under this
 paragraph with respect to subsection (c)(1)(A) or (d)(1)(A) shall thereafter
 be deemed to be the number specified in that same subsection. []   `(4) Paragraphs (5), (6), and (7) are enacted-- []   `(A) as an exercise of the rulemaking power of the Senate
 and the House of Representatives, respectively, and as such they are deemed a
 part of the rules of each respective House, but applicable only with respect
 to the procedure to be followed in the case of joint resolutions described
 in paragraph (5), and supersede the other rules only to the extent that
 such paragraphs are inconsistent therewith; and []   `(B) with full recognition of the constitutional right of
 either House to change such rules at any time, in the same manner and to
 the same extent as in the case of any other rule of that House. []   `(5) For purposes of this subsection, the term `joint
 resolution', with respect to a change in number transmitted by the President
 under paragraph (2) for the fiscal years of a three-fiscal-year period,
 in the case described-- []   `(A) in paragraph (3)(A)(i), means only a joint resolution of
 the Congress, the matter after the resolving clause of which is as follows:
 `That Congress, pursuant to subsection (e)(3)(A)(i) of section 201 of the
 Immigration and Nationality Act, disapproves the change proposed by the
 President in the number specified under subsection     of that section for
 the three fiscal years      transmitted to the Congress by the President on
 ', the blank spaces therein to be filled appropriately; or []   `(B) in paragraph (3)(A)(ii), means only a joint resolution
 of the Congress, the matter after the resolving clause of which is as follows:
 `That Congress, pursuant to subsection (e)(3)(A)(ii) of section 201 of
 the Immigration and Nationality Act, approves the change proposed by the
 President in the number specified under subsection     of that section for
 the three fiscal years      transmitted to the Congress by the President on
 ', the blank spaces therein to be filled appropriately. []   `(6)(A) No later than the first day of session following the
 day on which a determination is transmitted to the House of Representatives
 and to the Senate under paragraph (2), which determination provides for
 a change in a number specified in subsection (c)(1)(A) or (d)(1)(A) for a
 fiscal year, a joint resolution (as defined in paragraph (5)) with respect
 to each such change shall be introduced (by request) in each House by the
 chairman of the Committee on the Judiciary of that House, or by a Member
 or Members of the House designated by such chairman. []   `(B)(i) Each joint resolution introduced in a House shall
 be referred to the Committee on the Judiciary of the respective House. The
 committees shall make their recommendations to the respective House not
 later than June 15 following the date of introduction. []   `(ii) If the Committee has not reported such a joint
 resolution with respect to a change by such date, it is in order to move to
 discharge the Committee from further consideration of the joint resolution,
 except that no motion to discharge shall be in order after the Committee has
 reported a joint resolution with respect to the same change. []   `(iii) A motion to discharge under clause (ii) may be made
 only by a Member favoring the joint resolution, is privileged, and debate
 thereon shall be limited to not more than 1 hour, to be divided equally
 between those favoring and those opposing the joint resolution, the time
 to be divided equally between, and controlled by, in the Senate by the
 majority leader and the minority leader or their designees and in the House
 of Representatives by the chairman of the Committee on the Judiciary and the
 ranking minority member of such committee or their designees. An amendment
 to the motion is not in order, and it is not in order to move to reconsider
 the vote by which the motion is agreed to or disagreed to. []   `(C)(i) When the Committee has reported, or been discharged
 from consideration of, a joint resolution, a motion to proceed to the
 consideration of the joint resolution shall be highly privileged and is not
 debatable. The motion shall not be subject to amendment, or to a motion to
 postpone, or to a motion to proceed to the consideration of other business. A
 motion to reconsider the vote by which the motion is agreed to or disagreed
 to shall not be in order. If a motion to proceed to the consideration of the
 joint resolution is agreed to, the resolution shall remain the unfinished
 business of the respective House until disposed of. []   `(ii) Debate on a joint resolution, and all debatable
 motions and appeals in connection therewith, shall be limited to not more
 than 10 hours, to be equally divided in the Senate between, and controlled
 by, the majority leader and the minority leader or their designees and
 to be equally divided in the House of Representatives between individuals
 favoring and individuals opposing the joint resolution. A motion further to
 limit debate is in order and not debatable. An amendment to, or a motion to
 postpone, or a motion to proceed to the consideration of other business, or
 a motion to recommit the resolution is not in order. A motion to reconsider
 the vote by which a joint resolution is passed or rejected shall not be in
 order. []   `(iii) Immediately following the conclusion of the debate
 on a joint resolution, and a single quorum call at the conclusion of the
 debate if requested in accordance with the rules of the appropriate House,
 the vote on final passage of the joint resolution shall occur. []   `(iv) Appeals from the decisions of the Chair relating to
 the application of the rules of the Senate or the House of Representatives,
 as the case may be, to the procedure relating to a joint resolution shall
 be decided without debate. []   `(D) If, prior to the passage by one House of a joint
 resolution of that House, that House receives a joint resolution with respect
 to the same change transmitted by the President in a number specified under
 a subsection for a fiscal year, then-- []   `(i) the procedure in that House shall be the same as if
 no resolution had been received from the other House; but []   `(ii) the vote on final passage shall be on the resolution
 of the other House.'. []   (2) The item in the table of contents relating to section
 201 is amended to read as follows: [] `Sec. 201. Worldwide level of immigration.'. []   (b) PER COUNTRY IMMIGRATION LEVELS- Section 202 (8
 U.S.C. 1152) is amended-- []   (1) in subsection (a)-- []   (A) by striking `(a) No person' and inserting `(a)(1) Except
 as specifically provided in paragraph (2) and in section 101(a)(27), 201(b)
 (2)(A)(i), and 203, no person', []   (B) by striking `, except as specifically' and all that
 follows through `following fiscal year', and []   (C) by adding at the end the following new paragraph:
 []   `(2)(A) Subject to subparagraphs (B) and (C), the total
 number of immigrant visas made available to natives of any single foreign
 state or dependent area under subsection (c) of section 201 (relating to
 family connection immigrants) in any fiscal year may not exceed 7 percent
 (in the case of a single foreign state) or 2 percent (in the case of a
 dependent area) of the total number of such visas made available under such
 subsection in that fiscal year. []   `(B) If for fiscal year 1991 or a succeeding fiscal year the
 number of aliens described in subparagraph (A) or (B) of section 201(b)(2)
 (relating to immediate relatives and similar individuals) who are natives of a
 particular foreign state or dependent area and who are issued immigrant visas
 or otherwise acquired the status of aliens lawfully admitted to the United
 States for permanent residence in the fiscal year exceeds the greater of--
 []   `(i) the numerical level computed under subparagraph (A)
 for that state for that fiscal year, or []   `(ii) the level of such immigration of natives of that
 foreign state in fiscal year 1989 or fiscal year 1990 (whichever is greater),
 [] then the numerical level applicable to that foreign state or
 dependent area in the following fiscal year under subparagraph (A) shall be
 reduced by the amount of such excess, except that such reduction shall not
 exceed one-half of the numerical level otherwise provided without regard
 to this subparagraph. []   `(C) If, because of the application of subparagraph (A)
 with respect to one or more foreign states, the number of visas available
 under section 201(c) for a calendar quarter exceeds the number of qualified
 immigrants who otherwise may be issued such a visa, subparagraph (A)
 shall not apply to visas made available to such states or areas during the
 remainder of such calendar quarter. []   `(3)(A) Subject to subparagraph (B), the total number of
 immigrant visas made available to natives of any single foreign state or
 dependent area under subsection (d) of section 201 (relating to independent
 immigrants) in any fiscal year may not exceed 7 percent (in the case of
 a single foreign state) or 2 percent (in the case of a dependent area)
 of the total number of such visas made available under such subsection in
 the fiscal year. []   `(B) If, because of the application of subparagraph (A)
 with respect to one or more foreign states or dependent areas, the number
 of visas available under section 201(d) for a calendar quarter exceeds the
 number of qualified immigrants who otherwise may be issued such a visa,
 subparagraph (A) shall not apply to visas made available to such states or
 areas during the remainder of such calendar quarter.'; []   (2) in subsection (b), by striking `the numerical limitation
 set forth in the proviso to subsection (a) of this section' each place it
 appears and inserting `a numerical level established under subsection (a)';
 []   (3) in subsection (c)-- []   (A) by striking `other than' and all that follows through
 `section 201(b)' and inserting `other than a special immigrant, as defined
 in section 101(a)(27), or an alien described in section 201(b)(2)(A)(i)',
 and []   (B) by striking `section 202(a)' and all that follows
 through the end and inserting `subsection (a)(1), to the foreign state';
 and []   (4) Section 202(e) is amended to read as follows:
 []   `(e) Whenever the maximum number of visas have been
 made available under subsection (a)(2) to natives of any single foreign
 state or to any dependent area, then in the next following fiscal year a
 number of visas, not to exceed the number specified in subsection (a)(2)
 for a foreign state or a dependent area, as the case may be, shall be made
 available and allocated for such state or such area for the same classes
 of aliens described in, and the same percentages specified in, paragraphs
 (1) through (4) of section 203(a).'. [] SEC. 103. PREFERENCE SYSTEM FOR ADMISSION OF
 IMMIGRANTS. []   (a) IN GENERAL- (1) Section 203 (8 U.S.C. 1153) is amended
 to read as follows: [] `ALLOCATION OF IMMIGRANT VISAS []   `SEC. 203. (a) PREFERENCE ALLOCATION FOR FAMILY CONNECTION
 IMMIGRANTS- Aliens subject to the worldwide level specified in section
 201(c) for family connection immigrants shall be allotted visas as follows:
 []   `(1) UNMARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified
 immigrants who are the unmarried sons or daughters of citizens of the United
 States shall be allocated visas in a number not to exceed 15 percent of
 such worldwide level, plus any visas not required for the class specified
 in paragraph (4). []   `(2) SPOUSES AND UNMARRIED SONS AND UNMARRIED DAUGHTERS
 OF PERMANENT RESIDENT ALIENS- Qualified immigrants who are-- []   `(A) the spouses of aliens lawfully admitted for permanent
 residence, or []   `(B) the unmarried sons or unmarried daughters of an
 alien lawfully admitted for permanent residence, if the sons or daughters--
 []   `(i) are under 26 years of age, or []   `(ii)(I) as of the date of the enactment of the Immigration
 Act of 1989, had a petition filed on their behalf for preference status
 under section 203(a)(2) (as in effect on such date) by reason of such
 relationship and such petition was subsequently approved, and []   `(II) continue to qualify under the terms of this Act as
 in effect on the day before such date, [] shall be allocated visas in a number not to exceed 65 percent
 of such worldwide level, plus any visas not required for the class specified
 in paragraph (1). []   `(3) MARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified
 immigrants who are the married sons or married daughters of citizens of
 the United States shall be allocated visas in a number not to exceed 10
 percent of such worldwide level, plus any visas not required for the classes
 specified in paragraphs (1) and (2). []   `(4) NEVER MARRIED BROTHERS AND SISTERS OF CITIZENS AND
 PREVIOUS FIFTH PREFERENCE- Qualified immigrants-- []   `(A) who are the never married brothers or sisters of
 citizens of the United States, if such citizens are at least 21 years of age,
 and []   `(B) who-- []   `(i) as of the date of enactment of the Immigration Act
 of 1989 had a petition filed on their behalf for preference status by
 reason of the relationship described in paragraph (5) of section 203(a)
 of this Act as in effect on the day before such date and such petition was
 subsequently approved, and []   `(ii) continue to qualify under the terms of this Act as
 in effect on the day before such date, [] shall be allocated visas, in addition to visas otherwise
 allocated under section 201(a)(3), in a number not to exceed 10 percent of
 such worldwide level, plus any visas not required for the classes specified
 in paragraphs (1) through (3). For purposes of this paragraph, the term
 `never married', with respect to an individual, means an individual who
 has never been married or whose marriage was annulled or otherwise legally
 determined never to have had effect. []   `(b) PREFERENCE ALLOCATION FOR INDEPENDENT IMMIGRANTS-
 Aliens subject to the worldwide level specified in section 201(d) for
 independent immigrants in a fiscal year shall be allocated visas as follows:
 []   `(1) SPECIAL IMMIGRANTS- Visas shall be made available,
 in a number not to exceed 5 percent of such worldwide level, to qualified
 special immigrants described in section 101(a)(27) (other than those
 described in subparagraph (A) or (B) thereof). []   `(2) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING
 ADVANCED DEGREES OR ALIENS OF EXCEPTIONAL ABILITY- (A) Visas shall be made
 available next, in a number not to exceed 23 percent of such worldwide level
 to qualified immigrants who are members of the professions holding advanced
 degrees or who because of their exceptional ability in the sciences, arts,
 or business, will substantially benefit prospectively the national economy,
 cultural or educational interests, or welfare of the United States, and
 whose services in the sciences, arts, professions, or business are sought
 by an employer in the United States. []   `(B) The Attorney General may, when he deems it to be in
 the national interest, waive the requirement of subparagraph (A) that an
 alien's services in the sciences, arts, professions, or business be sought
 by an employer in the United States. []   `(C) In determining under subparagraph (A) whether an
 immigrant has exceptional ability, the possession of a degree, diploma,
 certificate, or similar award from a college, university, school, or other
 institution of learning or a license to practice or certification for
 a particular profession or occupation shall not by itself be considered
 sufficient evidence of such exceptional ability. []   `(3) WORKERS- (A) Visas shall be made available next, in
 a number not to exceed 23 percent of such worldwide level, to the following
 two classes of aliens: []   `(i) Qualified immigrants who are capable, at the time of
 petitioning, of performing skilled labor (requiring at least 2 years training
 or experience), or unskilled labor, not of a temporary or seasonal nature, for
 which qualified workers are not available in the United States. []   `(ii) Qualified immigrants who hold baccalaureate degrees
 and who are members of the professions. []   `(B) An immigrant visa may not be issued to an immigrant
 under subparagraph (A) until the consular officer is in receipt of a
 determination made by the Secretary of Labor pursuant to the provisions of
 section 212(a)(14). []   `(4) EMPLOYMENT CREATION- Visas shall be made available
 next, in a number not to exceed 4 percent of such worldwide level or 5,000,
 whichever is greater, to any qualified immigrant who is seeking to enter the
 United States for the purpose of engaging in a new commercial enterprise
 which the alien has established and in which such alien has invested or,
 is actively in the process of investing, capital, in an amount not less
 than $1,000,000, and which will benefit the United States economy and create
 full-time employment for not fewer than 10 United States citizens or aliens
 lawfully admitted for permanent residence (other than the spouse, sons,
 or daughters of such immigrant). The Attorney General, in consultation with
 the Secretary of Labor and the Secretary of State, may prescribe regulations
 increasing the dollar amount of the investment necessary for the issuance
 of a visa under this paragraph. []   `(5) SELECTED IMMIGRANTS- (A) Visas authorized in any fiscal
 year under section 201(d), less those required for issuance to the classes
 specified in paragraphs (1), (2), (3), and (4), shall be made available to
 qualified immigrants who attain a score of not less than 50 points, based
 on the point assessment system described in subparagraph (B). []   `(B) The point assessment system referred to in subparagraph
 (A) shall accord points based on criteria as follows: []   `(i) AGE (10 POINTS)- For an alien who (as of the date of
 filing a petition) is-- []   `(I) at least 21 years of age but has not attained 36
 years of age, 10 points; or []   `(II) at least 36 years of age, but has not attained 45
 years of age, 5 points. []   `(ii) EDUCATION (25 POINTS)- For an alien who (as of the
 date of filing a petition)-- []   `(I) has completed successfully grade school through high
 school or its educational equivalent (as determined by the Secretary of
 Education), 10 points; []   `(II) has been awarded a bachelors' degree or its equivalent
 (as determined by the Secretary of Education), 10 additional points; and
 []   `(III) has been awarded a graduate degree, an additional
 number of points (up to 5 additional points) to be determined by the
 Secretary of Education based on the level of the degree. []   `(iii) ENGLISH LANGUAGE ABILITY (20 POINTS)- For an alien
 who certifies, upon the date of filing a petition, subject to verification
 by examination after the date of selection, that he has an understanding
 of the English language and the ability to communicate in such language,
 20 points. []   `(iv) OCCUPATIONAL DEMAND (20 POINTS)- For an alien who
 is in an occupation for which the Secretary of Labor determines (before
 the fiscal year involved)-- []   `(I) there will be increased demand in the United States
 for individuals in the occupation in the fiscal year, 10 points, and
 []   `(II) there is a present or there will be a future shortage
 of individuals in the United States to meet the need in the occupation in
 the United States in the fiscal year, 5 or 10 points. []   `(v) OCCUPATIONAL TRAINING AND WORK EXPERIENCE (20 POINTS)-
 To the extent the alien has additional training, work experience, or both,
 as determined by the Secretary of Labor, in the occupation described in
 clause (iv), 10 or 20 points, such points multiplied by the number of points
 awarded under clause (iv) divided by 20. []   `(C) The point assessment system described in subparagraph
 (B) shall be established by regulation by the Secretary of State in
 consultation with the Attorney General, the Secretary of Labor, and the
 Secretary of Education. []   `(c) TREATMENT OF FAMILY MEMBERS- A spouse or child as
 defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)
 shall, if not otherwise entitled to an immigrant status and the immediate
 issuance of a visa under subsection (a) or (b) (except for subsection
 (b)(5)) be entitled to the same status, and the same order of consideration
 provided in the respective subsection, if accompanying or following to join,
 his spouse or parent. []   `(d) ORDER OF CONSIDERATION- (1) Immigrant visas made
 available under subsection (a) or (b) (other than paragraph (5)) or under
 section 201(a)(3) shall be issued to eligible immigrants in the order in
 which a petition in behalf of each such immigrant is filed with the Attorney
 General (or in the case of special immigrants under section 101(a)(27)(D),
 with the Secretary of State) as provided in section 204(a). []   `(2) Of the immigrant visa numbers made available under
 subsection (b)(5) (relating to selected immigrants) in a fiscal year--
 []   `(A) 20 percent of such numbers shall be issued to
 eligible qualified immigrants who attain a score of at least 80 points on
 the assessment system described in subsection (b)(5)(B) with respect to
 petitions filed for the fiscal year involved, to be chosen in the random
 order described in clause (B); and []   `(B) 80 percent of such numbers shall be issued to eligible
 qualified immigrants with a qualifying score on such system strictly in
 a random order established by the Secretary of State for the fiscal year
 involved. []   `(3) Waiting lists of applicants for visas under this
 section shall be maintained in accordance with regulations prescribed by
 the Secretary of State. []   `(e) PRESUMPTION- Every immigrant shall be presumed not to
 be described in subsection (a) or (b) of this section, section 101(a)(27),
 or section 201(b)(2), until the immigrant establishes to the satisfaction
 of the consular officer and the immigration officer that the immigrant is
 so described. In the case of any alien claiming in his application for an
 immigrant visa to be described in section 201(b)(1) or in subsection (a) or
 (b) of this subsection, the consular officer shall not grant such status until
 he has been authorized to do so as provided by section 204. []   `(f) LISTS- For purposes of carrying out his responsibilities
 in the orderly administration of this section, the Secretary of State may
 make reasonable estimates of the anticipated numbers of visas to be issued
 during any quarter of any fiscal year within each of the categories under
 subsections (a) and (b), and to rely upon such estimates in authorizing the
 issuance of visas. The Secretary of State shall terminate the registration of
 any alien who fails to apply for an immigrant visa within one year following
 notification to him of the availability of such visa, but the Secretary shall
 reinstate the registration of any such alien who establishes within 2 years
 following the date of notification of the availability of such visa that such
 failure to apply was due to circumstances beyond his control.'. []   (2) Nothing in this subsection may be construed as continuing
 the availability of visas under section 203(a)(7), as in effect before the
 date of enactment of this Act. []   (b) CHANGES IN PETITIONING PROCEDURE- Section 204(a)
 (8 U.S.C. 1154(a)) is amended-- []   (1) by redesignating paragraph (2) as paragraph (3), and
 []   (2) by striking `(a)(1)' and all that follows through the
 end of paragraph (1) and inserting the following: []   `(a)(1)(A) Any citizen of the United States claiming that
 an alien is entitled to classification by reason of a relationship described
 in paragraph (1), (3), or (4) of section 203(a) or to an immediate relative
 status under section 201(b)(2)(A)(i) may file a petition with the Attorney
 General for such classification. []   `(B) Any alien lawfully admitted for permanent residence
 claiming that an alien is entitled to a classification by reason of the
 relationship described in section 203(a)(2) may file a petition with
 the Attorney General for such classification. An alien may be classified
 as an alien described in paragraphs (2), (3), or (4) of section 203(a)
 with respect to a specific fiscal year on the basis of a petition filed
 in a previous fiscal year only if the alien has filed with the Attorney
 General a notice of continuing intent to be admitted to the United States
 as an immigrant under such section within the 2 fiscal years immediately
 previous to the specific fiscal year involved. []   `(C)(i) Any alien (other than a special immigrant under
 section 101(a)(27)(D)) desiring to be classified under section 203(b)(1) (or
 any person on behalf of such an alien) (relating to special immigrants) may
 file a petition with the Attorney General for such classification. []   `(ii) Aliens claiming status as a special immigrant under
 section 101(a)(27)(D) may file a petition only with the Secretary of State
 and only after notification by the Secretary that such status has been
 recommended and approved pursuant to such section. []   `(D) Any alien desiring to be classified under section
 203(b)(2) (or any person on behalf of such an alien) (relating to
 professionals) may file a petition with the Attorney General for such
 classification. []   `(E) Any person desiring and intending to employ within the
 United States an alien entitled to classification under paragraph (2) or (3)
 of section 203(b) (relating to professionals and skilled workers) may file
 a petition with the Attorney General for such classification. []   `(F) Any alien desiring to be classified under section
 203(b)(4) (relating to employment creation) may file a petition with the
 Attorney General for such classification. []   `(G)(i) Any alien desiring to be provided an immigrant
 visa under section 203(b)(5) (relating to selected immigrants) may file
 a petition at the place and time determined by the Secretary of State by
 regulation. While the place of filing may be designated inside the United
 States, the petitioner shall be physically outside the United States when
 submitting the petition. Only one such petition may be filed by an alien with
 respect to any petitioning period established. If more than one petition is
 submitted all such petitions submitted for such period by the alien shall
 be voided. []   `(ii)(I) The Secretary of State may designate a period for
 the filing of petitions with respect to visas which may be issued under
 section 203(b)(5) during either of the next two fiscal years beginning
 after the close of such period. []   `(II) Aliens who qualify, through random selection,
 for a visa under section 203(b)(5) shall remain eligible to receive such
 visa only through the end of the specific fiscal year for which they were
 selected. []   `(III) The Secretary of State shall prescribe such
 regulations as may be necessary to carry out this clause. []   `(iii) A petition or registration under this subparagraph
 shall be in such form as the Secretary of State may by regulation prescribe
 and shall contain such information and be supported by such documentary
 evidence as the Secretary of State may require. []   `(iv) The petition under this subparagraph shall include
 a certification in writing at the time of filing a petition that all
 information contained within the petition is true and correct to the best
 of the petitioner's knowledge, and any willful misrepresentation of the
 facts or statements included in the petition shall be deemed a violation
 of section 212(a)(19). []   `(2) On or after October 1, 1990, an alien who--
 []   `(A) previous to being admitted as, or otherwise provided
 the status of, an alien lawfully admitted for permanent residence was
 married to an individual, and []   `(B) is so admitted, or provided such status, as a child or
 as the unmarried son or unmarried daughter of a citizen of the United States
 or of an alien lawfully admitted for permanent residence, [] may not file a petition under this section on behalf of
 any alien to whom the alien was married previous to being so admitted or
 provided such status.'. []   (c) REVISION OF LABOR CERTIFICATION- (1) Paragraph
 (14) of section 212(a) (8 U.S.C. 1182(a)) is amended to read as follows:
 []   `(14) Aliens seeking to enter the United States to perform
 skilled labor unless the Secretary of Labor has determined and certified
 to the Secretary of State and the Attorney General that (A) there are not
 sufficient qualified workers (or equally qualified workers in the case of
 aliens who are members of the teaching profession or who have exceptional
 ability in the sciences or arts) available in the United States in the
 positions in which the aliens will be employed; and (B) the employment of
 aliens in such positions will not adversely affect the wages and working
 conditions of workers in the United States. The Secretary of Labor may, in
 his discretion, substitute for the determination and certification described
 in clause (A) of the preceding sentence a determination and certification
 that there are not sufficient workers who are able, willing, qualified (or
 equally qualified in the case of aliens who are members of the teaching
 profession or who have exceptional ability in the sciences or the arts),
 and available at the time of application for a visa and admission to the
 United States and at the place where the alien is to perform such skilled
 labor. In making either determination under this paragraph, the Secretary
 of Labor may use labor market information without regard to the specific job
 opportunity for which certification is requested, but if such determination is
 adverse, the Secretary of Labor shall make a certification with regard to the
 specific job opportunity if the employer submits evidence that such specific
 certification would result in a different determination. An alien on behalf
 of whom a certification is sought must have an offer of employment from an
 employer in the United States. The exclusion of aliens under this paragraph
 shall only apply to immigrants seeking admission under paragraph (2) or (3)
 of section 203(b), except that this paragraph shall not apply to any alien
 for whom a waiver has been made under section 203(b)(2)(B);'. []   (2) The Secretary of Labor shall conduct a comprehensive
 study to determine whether the process of obtaining an immigrant labor
 certification under section 212(a)(14) of the Immigration and Nationality
 Act, as amended by this title, has been simplified or otherwise expedited. In
 conducting this study, the Secretary shall hold public hearings. Not later
 than March 31, 1993, the Secretary of Labor shall prepare and transmit
 to the Committee on the Judiciary of the Senate and the Committee on the
 Judiciary of the House of Representatives a report containing the findings
 of such study and including any recommendations of other relevant agencies
 of the Federal Government with respect to such findings. [] SEC. 104. DETERRING IMMIGRATION-RELATED ENTREPRENEURSHIP
 FRAUD. []   (a) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED
 ON ESTABLISHMENT OF COMMERCIAL ENTERPRISES- Chapter 2 of title II of the
 Immigration and Nationality Act is amended by adding at the end the following
 new section: [] `CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
 ENTREPRENEURS, SPOUSES, AND CHILDREN []   `SEC. 218. (a) IN GENERAL-  []   `(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding
 any other provision of this Act, an alien entrepreneur (as defined in
 subsection (f)(1)), spouse, and child (as defined in subsection (f)(2))
 shall be considered, at the time of obtaining the status of an alien
 lawfully admitted for permanent residence, to have obtained such status on
 a conditional basis subject to the provisions of this section. []   `(2) NOTICE OF REQUIREMENTS-  []   `(A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time
 an alien entrepreneur, spouse, or child obtains permanent resident status
 on a conditional basis under paragraph (1), the Attorney General shall
 provide for notice to such an entrepreneur, spouse, or child respecting
 the provisions of this section and the requirements of subsection (c)(1)
 to have the conditional basis of such status removed. []   `(B) AT TIME OF REQUIRED PETITION- In addition, the Attorney
 General shall attempt to provide notice to such an entrepreneur, spouse,
 or child, at or about the beginning of the 90-day period described in
 subsection (d)(2)(A), of the requirements of subsection (c)(1). []   `(C) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of
 the Attorney General to provide a notice under this paragraph shall not
 affect the enforcement of the provisions of this section with respect to
 such an entrepreneur, spouse, or child. []   `(b) TERMINATION OF STATUS IF FINDING THAT QUALIFYING
 ENTREPRENEURSHIP IMPROPER-  []   `(1) IN GENERAL- In the case of an alien with permanent
 resident status on a conditional basis under subsection (a), if the Attorney
 General determines, before the second anniversary of the alien's obtaining
 the status of lawful admission for permanent residence, that-- []   `(A) the establishment of the commercial enterprise was
 intended solely as a means of evading the immigration laws of the United
 States, or []   `(B)(i) a commercial enterprise was not established by
 the alien; []   `(ii) the alien did not invest or was not actively in the
 process of investing the requisite capital; or []   `(iii) the alien was not sustaining the actions described
 in clause (A) or (B) throughout the period of the alien's residence in the
 United States, [] then the Attorney General shall so notify the alien involved
 and, subject to paragraph (2), shall terminate the permanent resident status
 of the alien involved as of the date of the determination. []   `(2) HEARING IN DEPORTATION PROCEEDING- Any alien whose
 permanent resident status is terminated under paragraph (1) may request a
 review of such determination in a proceeding to deport the alien. In such
 proceeding, the burden of proof shall be on the Attorney General to establish,
 by a preponderance of the evidence, that a condition described in paragraph
 (1) is met. []   `(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR
 REMOVAL OF CONDITION-  []   `(1) IN GENERAL- In order for the conditional basis
 established under subsection (a) for an alien entrepreneur, spouse, or
 child to be removed-- []   `(A) the alien entrepreneur must submit to the Attorney
 General, during the period described in subsection (d)(2), a petition
 which requests the removal of such conditional basis and which states,
 under penalty of perjury, the facts and information described in subsection
 (d)(1), and []   `(B) in accordance with subsection (d)(3), the alien
 entrepreneur must appear for a personal interview before an officer or
 employee of the Service respecting the facts and information described in
 subsection (d)(1). []   `(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE
 TO FILE PETITION OR HAVE PERSONAL INTERVIEW-  []   `(A) IN GENERAL- In the case of an alien with permanent
 resident status on a conditional basis under subsection (a), if--
 []   `(i) no petition is filed with respect to the alien in
 accordance with the provisions of paragraph (1)(A), or []   `(ii) unless there is good cause shown, the alien
 entrepreneur fails to appear at the interview described in paragraph (1)(B),
 [] the Attorney General shall terminate the permanent resident
 status of the alien as of the second anniversary of the alien's lawful
 admission for permanent residence. []   `(B) HEARING IN DEPORTATION PROCEEDING- In any deportation
 proceeding with respect to an alien whose permanent resident status is
 terminated under subparagraph (A), the burden of proof shall be on the
 alien to establish compliance with the conditions of paragraphs (1)(A) and
 (1)(B). []   `(3) DETERMINATION AFTER PETITION AND INTERVIEW-
 []   `(A) IN GENERAL- If-- []   `(i) a petition is filed in accordance with the provisions
 of paragraph (1)(A), and []   `(ii) the alien entrepreneur appears at the interview
 described in paragraph (1)(B), [] the Attorney General shall make a determination, within 90
 days of the date of the interview, as to whether the facts and information
 described in subsection (d)(1) and alleged in the petition are true with
 respect to the qualifying commercial enterprise. []   `(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION-
 If the Attorney General determines that such facts and information are true,
 the Attorney General shall so notify the alien involved and shall remove
 the conditional basis of the alien's status effective as of the second
 anniversary of the alien's obtaining the status of lawful admission for
 permanent residence. []   `(C) TERMINATION IF ADVERSE DETERMINATION- If the Attorney
 General determines that such facts and information are not true, the Attorney
 General shall so notify the alien involved and, subject to subparagraph
 (D), shall terminate the permanent resident status of an alien entrepreneur,
 spouse, or child as of the date of the determination. []   `(D) HEARING IN DEPORTATION PROCEEDING- Any alien whose
 permanent resident status is terminated under subparagraph (C) may request
 a review of such determination in a proceeding to deport the alien. In such
 proceeding, the burden of proof shall be on the Attorney General to establish,
 by a preponderance of the evidence, that the facts and information described
 in subsection (d)(1) and alleged in the petition are not true with respect
 to the qualifying commercial enterprise. []   `(d) DETAILS OF PETITION AND INTERVIEW-  []   `(1) CONTENTS OF PETITION- Each petition under subsection
 (c)(1)(A) shall contain facts and information demonstrating that--
 []   `(A) a commercial enterprise was established by the alien;
 []   `(B) the alien invested or was actively in the process of
 investing the requisite capital; and []   `(C) the alien sustained the actions described in clauses
 (A) and (B) throughout the period of the alien's residence in the United
 States. []   `(2) PERIOD FOR FILING PETITION-  []   `(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY- Except as
 provided in subparagraph (B), the petition under subsection (c)(1)(A)
 must be filed during the 90-day period before the second anniversary
 of the alien's obtaining the status of lawful admission for permanent
 residence. []   `(B) DATE PETITIONS FOR GOOD CAUSE- Such a petition may
 be considered if filed after such date, but only if the alien establishes
 to the satisfaction of the Attorney General good cause and extenuating
 circumstances for failure to file the petition during the period described
 in subparagraph (A). []   `(C) FILING OF PETITIONS DURING DEPORTATION- In the case of
 an alien who is the subject of deportation hearings as a result of failure
 to file a petition on a timely basis in accordance with subparagraph (A),
 the Attorney General may stay such deportation proceedings against an alien
 pending the filing of the petition under subparagraph (B). []   `(3) PERSONAL INTERVIEW- The interview under subsection
 (c)(1)(B) shall be conducted within 90 days after the date of submitting a
 petition under subsection (c)(1)(A) and at a local office of the Service,
 designated by the Attorney General, which is convenient to the parties
 involved. The Attorney General, in the Attorney General's discretion,
 may waive the deadline for such an interview or the requirement for such
 an interview in such cases as may be appropriate. []   `(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION- For
 purposes of title III, in the case of an alien who is in the United States
 as a lawful permanent resident on a conditional basis under this section,
 the alien shall be considered to have been admitted as an alien lawfully
 admitted for permanent residence and to be in the United States as an alien
 lawfully admitted to the United States for permanent residence. []   `(f) DEFINITIONS- In this section: []   `(1) The term `alien entrepreneur' means an alien who obtains
 the status of an alien lawfully admitted for permanent residence (whether
 on a conditional basis or otherwise) under section 203(b)(4). []   `(2) The term `spouse' and the term `child' mean an alien
 who obtains the status of an alien lawfully admitted for permanent residence
 (whether on a conditional basis or otherwise) by virtue of being the spouse
 or child, respectively, of an alien entrepreneur.'. []   (b) ADDITIONAL GROUND FOR DEPORTATION- Section 241(a)(9)
 (8 U.S.C. 1251(a)(9)) is amended by inserting before the semicolon at the end
 thereof the following: `, or (C) is an alien with permanent resident status
 on a conditional basis under section 218 and has such status terminated
 under such section'. []   (c) CRIMINAL PENALTY FOR IMMIGRATION-RELATED ENTREPRENEURSHIP
 FRAUD- Section 275 of such Act (8 U.S.C. 1325) is amended by adding at the
 end thereof the following new subsection: []   `(c) Any individual who knowingly establishes a commercial
 enterprise for the purpose of evading any provision of the immigration
 laws shall be imprisoned for not more than 5 years, or fined not more than
 $250,000, or both.'. []   (d) LIMITATION ON ADJUSTMENT OF STATUS- Section 245 of
 such Act (8 U.S.C. 1255) is amended by adding at the end the following new
 subsection: []   `(f) The Attorney General may not adjust, under subsection
 (a), the status of an alien lawfully admitted to the United States for
 permanent residence on a conditional basis under section 218.'. []   (e) CONFORMING AMENDMENT- The table of contents of such
 Act is amended by inserting after the item relating to section 217 the
 following new item: [] `Sec. 218. Conditional permanent resident status for certain
 alien entrepreneurs, spouses, and children.'. [] SEC. 105. MISCELLANEOUS CONFORMING AND TECHNICAL
 CHANGES. []   (a) Sections 101(b)(1)(F), 202(a), 202(c), 204(b),
 204(e), 216(g)(1)(A), 222(a), 244(d), 245(c)(2), and 245(c)(5) (8
 U.S.C. 1101(b)(1)(F), 1152(a), 1152(c), 1154(a)(1), 1154(b), 1154(e),
 1186a(g)(1)(A), 1202(a), 1254(d), 1255(c)(2), 1255(c)(5)) are each
 amended by striking `201(b)' each place it appears and inserting
 `201(b)(2)(A)(i)'. []   (b) Section 204 (8 U.S.C. 1154) is amended-- []   (1) in subsection (b)-- []   (A) by striking `section 203(a) (3) or (6)' and inserting
 `section 203(b)(3)', []   (B) by striking `section 201(b)' and inserting `section
 201(b)(2)(A)(i)', []   (C) by striking `a preference status under section 203(a)'
 and inserting `preference under subsection (a) or (b) of section 203',
 []   (D) by inserting `(and, in the case described in section
 203(b)(5), specify the point score on the assessment system)' after `approve
 the petition', and []   (E) by striking `The Secretary of State' and inserting
 `Subject to section 203(b)(5), the Secretary of State'; []   (2) in subsection (e)-- []   (A) by striking `preference immigrant under section 203(a)'
 and inserting `immigrant under subsection (a), (b), or (c) of section 203',
 and []   (B) by striking `section 201(b)' and inserting `section
 201(f)'; []   (3) by striking subsection (f); []   (4) by redesignating subsections (g) and (h) as (f) and
 (g), respectively; []   (5) in subsection (f)(1), as redesignated by paragraph
 (4), by inserting `(as in effect before the date of the enactment of the
 Immigration Act of 1989)' after `203(a)(4)'; and []   (6) in subsection (g), as redesignated by paragraph
 (4), by striking `preference status' and inserting `status under section
 203(a)(2)'. []   (c) Section 212(a)(32) (8 U.S.C. 1182(a)(32)) is amended by
 striking `203(a) (3) and (6) and to nonpreference immigrant aliens described
 in section 203(a)(7)' and inserting `203(b) (2), (3), and (5)'. []   (d) Section 244(d) (8 U.S.C. 1254(d)) is amended by striking
 `201(a) or 202(a)' and inserting `201(c) or 202(a)(2)(A)'. []   (e) Section 245 (8 U.S.C. 1255) is amended-- []   (1) in subsection (b), by striking `203(a)' and inserting
 `203', and []   (2) in subsection (c), by redesignating clause (5) as
 clause (4) and by inserting before the period at the end the following:
 `, or (5) an alien who is applying for adjustment of status to preference
 status under section 203(b)(5)'. []   (f)(1) Section 3304(a)(14)(A) of the Internal Revenue Code
 of 1986 is amended by striking `section 203(a)(7) or'. []   (2) Section 1614(a)(1)(B) of the Social Security Act is
 amended by striking `section 203(a)(7) or'. []   (g) Section 2(c)(4) of the Virgin Islands Nonimmigrant
 Alien Adjustment Act of 1982 (Public Law 97-271) is amended by inserting
 before the period at the end the following: `(as in effect before October 1,
 1990) or by reason of the relationship described in section 203(a)(2)(B),
 203(a)(3), or 201(b)(2)(A)(i), respectively, of such Act (as in effect on
 or after such date)'. [] SEC. 106. USER FEES. []   Section 286 (8 U.S.C. 1356) is amended by adding at the
 end thereof the following new subsections: []   `(m) VISA FEES FOR IMMIGRANTS- The Secretary of State shall
 provide for a schedule of fees to be charged for the filing of a petition for
 any and all immigrant categories under sections 201(a)(3), 201(b)(2)(A)(i),
 and 203 (a) and (b). The fees established under this subsection shall be
 sufficient to cover administrative and other expenses incurred in connection
 with the processing of petitions for any and all immigrant categories filed
 under sections 201(a)(3), 201(b)(2)(A)(i), and 203 (a) and (b). []   `(n) CREDITABLE FEES- Notwithstanding sections 1 and 2 of
 the Act of June 4, 1920, as amended (41 Stat. 750; 22 U.S.C. 214) or any
 other provision of law, up to $20,000,000 in fees collected by consular
 officers for issuance of visas and for execution of applications for visas
 shall be credited to a Department of State account which shall be available
 only for the payment of the expenses of research, development, equipment, and
 automation of visa and passport functions, including related software. Each
 fiscal year thereafter additional amounts of such consular fees may be
 credited to such account, except that not more than $20,000,000 of such fees
 may be available for such purposes in any one fiscal year.'. [] SEC. 107. REPORT ON CUBAN ENTRY INTO UNITED STATES. []   (a) Congress recognizes that resumption of the 1984 Mariel
 Agreement between the United States and Cuba will have a disproportionate
 impact on particular regions of the United States, notably south Florida. In
 anticipation of this impact and the increase in demand for certain services,
 Congress directs the Attorney General, in conjunction with the Secretary of
 State, to prepare and transmit to the appropriate committees of Congress a
 report detailing the number of Cubans granted preference visas. []   (b) STUDY AND REPORT- The Attorney General and the Secretary
 of State shall-- []   (1) prepare and transmit a detailed projection of the
 number of Cubans who have applied or have been granted preference immigration
 visas for entry into the United States; and []   (2) such information including the age, occupation, number
 of dependents, and special medical needs of those Cubans who have applied
 or have been granted preference immigration visas for entry into the United
 States. []   (c)(1) REPORT DATE- The Attorney General, in conjunction
 with the Secretary of State, shall submit the report-- []   (A) during the first quarter of the fiscal year following
 enactment of this Act; and []   (B) thereafter on a quarterly basis. []   (2) In preparing these quarterly reports, the Attorney
 General and the Secretary of State shall cooperate and consult with State
 and local officials. Such cooperation should include-- []   (A) adequate notice as to the number of Cubans who have
 applied or have been granted preference immigration visas; and []   (B) the relevant information required in the quarterly
 reports which would permit State and local entities to prepare for the
 increased demand for certain services. [] SEC. 108. EFFECTIVE DATES AND TRANSITION. []   (a) IN GENERAL- The amendments made by this title shall
 take effect on October 1, 1990, and shall apply to immigrant visa numbers
 issued for fiscal years beginning with fiscal year 1991; except that the
 amendments made by section 3(b) (relating to immigrant visa petitioning
 process) shall take effect on the date of the enactment of this Act and
 apply to immigrant visa numbers issued for fiscal years beginning with
 fiscal year 1991. []   (b) GENERAL TRANSITION- In the case of a petition filed
 under section 204(a) of the Immigration and Nationality Act before October
 1, 1990, for preference status under section 203(a)(3) or section 203(a)(6)
 of such Act (as in effect before such date), such petition shall be deemed
 as of October 1, 1990, to be a petition for the status described in section
 203(b)(2) or 203(b)(3) of such Act (as amended by this title), as elected
 by the petitioner, and the priority date for such petition shall remain in
 effect, except that petitions filed before such date for preference status
 on the basis of unskilled labor under section 203(a)(6) of such Act (as in
 effect before such date) shall be deemed as of such date to be petitions
 for the status described in section 203(b)(3) of such Act (as amended by
 this title). []   (c) ADMISSIBILITY STANDARDS- When an immigrant,
 in possession of an unexpired immigrant visa issued before October 1,
 1990, makes application for admission, the immigrant's admissibility under
 paragraphs (20) and (21) of section 212(a) of the Immigration and Nationality
 Act shall be determined under the provisions of law in effect on the date
 of the issuance of such visa. []   (d) CONSTRUCTION- Nothing in this title shall be construed as
 affecting the provisions of section 19 of Public Law 97-116, section 2(c)(1)
 of Public Law 97-271, or section 202(e) of Public Law 99-603. [] TITLE II--NATURALIZATION AMENDMENTS OF 1989 [] SEC. 201. SHORT TITLE; REFERENCES IN TITLE. []   (a) SHORT TITLE- This title may be cited as the
 `Naturalization Amendments of 1989'. []   (b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT- Except
 as otherwise specifically provided in this title, whenever in this title
 an amendment or repeal is expressed in terms of an amendment to, or repeal
 of, a section or other provision, the reference shall be considered to be
 made to a section or other provision of the Immigration and Nationality
 Act. [] SEC. 202. ADMINTRATIVE NATURALIZATION. []   Section 310 (8 U.S.C. 1421) is amended to read as follows:
 [] `NATURALIZATION AUTHORITY []   `SEC. 310. (a) AUTHORITY IN ATTORNEY GENERAL- The original
 authority to naturalize persons as citizens of the United States is conferred
 solely upon the Attorney General. []   `(b) ADMINISTRATION OF OATHS- An applicant for naturalization
 may choose to have the oath of allegiance under section 337(a) administered
 by the Attorney General or by any district court of the United States for
 any State or by 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. The jurisdiction of all courts
 specified in this subsection to administer the oath of allegiance shall
 extend only to persons resident within the respective jurisdiction of such
 courts. []   `(c) APPEAL TO BIA; JUDICIAL REVIEW- (1) A person whose
 application for naturalization under this title is denied, after a hearing
 before an immigration officer under section 336(a), may seek review of such
 denial before the Board of Immigration Appeals (established by the Attorney
 General under part 3 of title 8, Code of Federal Regulations). The decision
 of such Board is reviewable by the United States district court for the
 district in which such person resides. Such review of the district court
 shall be de novo, and the district court shall make its own findings of
 fact and conclusions of law and shall, at the request of the petitioner,
 conduct a hearing de novo on the application. []   `(2) The district court shall issue an order authorizing
 the naturalization of a person in accordance with this title only after
 determining, upon review of the denial of that person's application for
 naturalization, that such denial was wrongfully made as a matter of fact
 or of law. []   `(d) SOLE PROCEDURE- A person may only be naturalized
 as a citizen of the United States in the manner and under the conditions
 prescribed in this title and not otherwise.'. [] SEC. 203. SUBSTITUTING 3 MONTHS RESIDENCE IN INS DISTRICT
 OR STATE FOR 6 MONTHS RESIDENCE IN A STATE. []   Section 316(a)(1) (8 U.S.C. 1427(a)(1)) is amended by
 striking `and who has resided within the State in which the petitioner
 filed the petition for at least six months' and inserting `and who has
 resided within the State or within the district of the Service in the
 United States in which the applicant filed the application for at least
 three months'. [] SEC. 204. PUBLIC EDUCATION REGARDING NATURALIZATION
 BENEFITS. []   (a) IN GENERAL- Section 332 (8 U.S.C. 1443) is amended by
 adding at the end thereof the following new subsection: []   `(h) The Attorney General shall broadly disseminate
 information respecting the benefits which persons may receive under this title
 and the requirements to obtain such benefits. In carrying out this subsection,
 the Attorney General shall seek the assistance of appropriate community
 groups, private voluntary agencies, and other relevant organizations,
 and the Attorney General is authorized to make grants to, and enter into
 contracts with, such organizations for such purposes.'. []   (b) ALLOCATION OF FUNDS- (1) Section 404 (8 U.S.C. 1101,
 note) is amended by adding at the end thereof the following new subsection:
 []   `(c) Of the amounts authorized to be appropriated by section
 404 to carry out this Act for a fiscal year, $1,000,000 shall be available
 only to carry out section 332(h) for such fiscal year.'. []   (2) The amendment made by paragraph (1) shall take effect
 on October 1, 1989. [] SEC. 205. NATURALIZATION OF NATIVES OF THE PHILIPPINES THROUGH
 ACTIVE-DUTY SERVICE IN THE ARMED FORCES DURING WORLD WAR II. []   Section 329 (8 U.S.C. 1440) is amended-- []   (1) in subsection (a), by striking `Any' and inserting
 `Except as provided in subsection (e), any'; and []   (2) by adding at the end thereof the following new
 subsection: []   `(e) Paragraphs (1) and (2) of subsection (a) shall not
 apply to the naturalization of any person-- []   `(1) who was born in the Philippines or who was otherwise a
 noncitizen national of the United States residing in the Philippines before
 the service described in paragraph (2); []   `(2) who served honorably in an active-duty status in the
 military, air, or naval forces of the United States at any time during
 the period beginning September 1, 1939, and ending December 31, 1946;
 []   `(3) who is otherwise eligible for naturalization under
 this section; and []   `(4) who applies for naturalization not later than one
 year after the date of enactment of the Naturalization Amendments of
 1989.'. [] SEC. 206. CONFORMING AMENDMENTS. []   (a) CONFORMING AMENDMENTS TO SECTION 310 REVISION- (1)
 The item in the table of contents relating to section 310 is amended to
 read as follows: [] `Sec. 310. Naturalization authority.'. []   (2) Section 101(a)(36) (8 U.S.C. 1101(a)(36)) is amended
 by striking `(except as used in section 310(a) of title III)'. []   (b) CONFORMING AMENDMENTS TO CHANGE IN RESIDENCE REQUIREMENT-
 (1) Section 319 (8 U.S.C. 1430) is amended-- []   (A) in subsection (a), by striking `has resided within the
 State in which he filed his petition for at least six months' and inserting
 `has resided within the State or the district of the Service in the United
 States in which the applicant filed his application for at least three
 months', []   (B) in subsections (b) and (d), by striking `within the
 jurisdiction of the naturalization court' and inserting `within a State or
 a district of the Service in the United States', and []   (C) in subsection (c), is amended by striking `within the
 jurisdiction of the court' and inserting `district of the Service in the
 United States'. []   (2) Section 322(c) (8 U.S.C. 1433(c)) is amended by
 striking `any State or within the jurisdiction of the naturalization court'
 and inserting `within a State or a district of the Service in the United
 States'. []   (3) Section 324(a)(1) (8 U.S.C. 1435(a)(1)) is amended
 by inserting `or district of the Service in the United States' after
 `State'. []   (4) Section 328 (8 U.S.C. 1439) is amended-- []   (A) in subsection (a)-- []   (i) by inserting `or district of the Service in the United
 States' after `State', and []   (ii) by striking `for at least six months' and inserting
 `for at least three months'; []   (B) in subsection (b)(1), by striking `within the
 jurisdiction of the court' and inserting `within a State or district of
 the Service in the United States'; and []   (C) in subsection (c), by inserting `or district of the
 Service in the United States' after `State'. []   (5) Section 329(b) (8 U.S.C. 1440(b)) is amended--
 []   (A) in paragraph (2)-- []   (i) by inserting `or district of the Service in the United
 States' after `State', and []   (ii) by inserting `and' at the end of paragraph (2);
 []   (B) by striking paragraph (3), and []   (C) by redesignating paragraph (4) as paragraph
 (3). []   (c) SUBSTITUTION OF APPLICATION FOR NATURALIZATION
 FOR PETITION FOR NATURALIZATION- The text of the following provisions is
 amended by striking `a petition', `petition', `petitions', `a petitioner',
 `petitioner', `petitioner's', `petitioning', and `petitioned' each place
 it appears and inserting `an application', `application', `applications' or
 `applies' (as the case may be), `an applicant', `applicant', `applicant's',
 `applying', and `applied', respectively: []   (1) Section 313(c) (8 U.S.C. 1424(c)). []   (2) Section 316 (8 U.S.C. 1427). []   (3) Section 317 (8 U.S.C. 1428). []   (4) Section 318 (8 U.S.C. 1429). []   (5) Section 319 (a) and (c) (8 U.S.C. 1430 (a),
 (c)). []   (6) Section 322(a) (8 U.S.C. 1433). []   (7) Section 324 (8 U.S.C. 324(a)). []   (8) Section 325 (8 U.S.C. 1436). []   (9) Section 326 (8 U.S.C. 1437). []   (10) Section 328 (8 U.S.C. 1439). []   (11) Section 329 (8 U.S.C. 1440), other than subsection
 (d). []   (12) Section 330(a)(1) (8 U.S.C. 1441(a)(1)). []   (13) Section 331 (8 U.S.C. 1442), other than subsection
 (d). []   (14) Section 333(a) (8 U.S.C. 1444(a)). []   (15) Section 334 (8 U.S.C. 1445). []   (16) Section 335 (8 U.S.C. 1446). []   (17) Section 336 (8 U.S.C. 1447). []   (18) Section 337 (8 U.S.C. 1448). []   (19) Section 338 (8 U.S.C. 1449). []   (20) Section 344 (8 U.S.C. 1455). []   (21) Section 1429 of title 18, United States Code. []   (d) SUBSTITUTING APPROPRIATE ADMINISTRATIVE AUTHORITY
 FOR NATURALIZATION COURT- (1) Section 316 (8 U.S.C. 1427) is amended--
 []   (A) in subsection (b), by striking `court' each place it
 appears and inserting `or the Attorney General', []   (B) in subsection (b), by striking `date of final hearing'
 and inserting `date of any hearing under section 336(a)', []   (C) in subsection (e), by striking `the court' and inserting
 `the Attorney General', []   (D) in subsection (g)(1), by striking `within the
 jurisdiction of the court' and inserting `within a particular State or
 district of the Service in the United States', and []   (E) in subsection (g)(2), by amending the first sentence
 to read as follows: `An applicant for naturalization under this subsection
 may be administered the oath of allegiance under section 337(a) by any
 district court of the United States, without regard to the residence of
 the applicant.'. []   (2) The second sentence of section 317 (8 U.S.C. 1428)
 is amended by striking `and the naturalization court'. []   (3) The third sentence of section 318 (8 U.S.C. 1429)
 is amended-- []   (A) by striking `finally heard by a naturalization court'
 and inserting `considered by the Attorney General', and []   (B) by striking `upon the naturalization court' and inserting
 `upon the Attorney General'. []   (4) Section 319 (8 U.S.C. 1430) is amended-- []   (A) in subsection (b)(3), by striking `naturalization court'
 and inserting `Attorney General', and []   (B) in subsection (c)(5), by striking `naturalization court'
 and inserting `Attorney General'. []   (5) Section 322(c)(2)(C) (8 U.S.C. 1433(c)(2)(C)) is amended
 by striking `naturalization court' the first place it appears and inserting
 `the Attorney General'. []   (6) Section 324 (8 U.S.C. 1435) is amended-- []   (A) in subsection (a)-- []   (i) by inserting `and' at the end of paragraph (1),
 []   (ii) by striking the semicolon at the end of paragraph
 (2) and inserting a period, and []   (iii) by striking paragraphs (3) and (4); []   (B) in subsection (b), by striking `naturalization court'
 and inserting `Attorney General'; and []   (C) in subsection (c)-- []   (i) in paragraph (2), by striking `the judge or clerk of
 a naturalization court' and inserting `the Attorney General or the judge
 or clerk of a court described in section 310(b)', and []   (ii) in paragraph (3), by striking `or naturalization
 court' each place it appears and inserting `court, or the Attorney
 General'. []   (7) Section 327(a) (8 U.S.C. 1438(a)) is amended--
 []   (A) by striking `any naturalization court specified in
 section 310(a) of this title' and inserting `the Attorney General or before
 a court described in section 310(b)'; and []   (B) by inserting `and by the Attorney General to the
 Secretary of State' after `Department of Justice'. []   (8) Section 328(c) (8 U.S.C. 1439(c)) is amended by striking
 `the final hearing' and inserting `any hearing'. []   (9) Section 331(b) (8 U.S.C. 1442(b)) is amended by striking
 `called for a hearing' and all that follows through `to be continued' and
 inserting `considered or heard except after 90 days' notice to the Attorney
 General regarding the application, and the Attorney General's objection to
 such consideration shall cause the application to be continued'. []   (10) Section 332(a) (8 U.S.C. 1443(a)) is amended--
 []   (A) by striking `for the purpose' and all that follows
 through `naturalization courts' in the first sentence, and []   (B) by striking the second sentence. []   (11) Section 333(a) (8 U.S.C. 1444(a)) is amended by striking
 `clerk of the court' and inserting `Attorney General'. []   (12) Section 334 (8 U.S.C. 1445) is amended-- []   (A) by amending the heading to read as follows: [] `APPLICATION FOR NATURALIZATION; DECLARATION OF INTENTION';
 []   (B) in subsection (a)-- []   (i) by striking `in the office of the clerk of
 a naturalization court' and inserting `with the Attorney General',
 []   (ii) by striking `upon the hearing of such petition'
 and inserting `under this title'; []   (C) in subsection (b)-- []   (i) by striking `(1)', []   (ii) by striking `and (2)' and all that follows through
 `Attorney General', and []   (iii) by striking `petition for'; []   (D) by amending subsections (c) through (e) to read as
 follows: []   `(c) Hearings under section 336(a) on applications for
 naturalization shall be held at regular intervals, to be fixed by the
 Attorney General. []   `(d) Except as provided in subsection (e), an application
 for naturalization shall be filed in person in an office of the Attorney
 General. []   `(e) A person may file an application for naturalization
 other than in an office of the Attorney General, and an oath of allegiance
 may be administered other than in a public ceremony before the Attorney
 General or a court, if the Attorney General determines that the person has
 an illness or other disability which-- []   `(1) is of a permanent nature and is sufficiently serious
 to prevent the person's personal appearance, or []   `(2) is of a nature which so incapacitates the person as
 to prevent him from personally appearing.'; and []   (E) by striking the first sentence of subsection (f) and
 inserting the following: `An alien who has attained the age of 18 years of
 age and who is residing in the United States pursuant to a lawful admission
 for permanent residence may file with the Attorney General a declaration
 of intention to become a citizen of the United States. Such a declaration
 shall be filed in duplicate and in a form prescribed by the Attorney General
 and shall be accompanied by an application prescribed and approved by the
 Attorney General.'. []   (13) Section 335 (8 U.S.C. 1146) is amended-- []   (A) by amending the heading to read as follows: [] `INVESTIGATION OF APPLICANTS; EXAMINATION OF APPLICATIONS';
 []   (B) in subsection (a), by striking `At any time' and all that
 follows through `336(a)' and inserting `Before a person may be naturalized';
 []   (C) in subsection (b)-- []   (i) by striking `preliminary' each place it appears,
 []   (ii) in the first sentence, by striking `to any
 naturalization court' and all that follows through `to such court',
 []   (iii) by striking `any court exercising naturalization
 jurisdiction as specified in section 310 of this title' in the second sentence
 and inserting `any district court of the United States'; and []   (iv) by striking `final hearing conducted by a naturalization
 court designated in section 310 of this title' in the third sentence and
 inserting `hearing conducted by an immigration officer under section 336(a)';
 []   (D) in subsection (c)-- []   (i) by striking `preliminary' each place it appears, and
 []   (ii) by striking `recommendation' and inserting
 `determination'; and []   (E) by amending subsections (d) through (f) to read as
 follows: []   `(d) The employee designated to conduct any such
 examination shall submit to the Attorney General a determination as to
 whether the application be granted, denied, or continued, with reasons
 therefor. []   `(e) After an application for naturalization has been
 filed with the Attorney General, the applicant shall not be permitted to
 withdraw his application, except with the consent of the Attorney General. In
 cases where the Attorney General does not consent to the withdrawal of
 the application, the application shall be determined on its merits and a
 final determination made accordingly. In cases where the applicant fails to
 prosecute his application, the application shall be decided on the merits
 unless the Attorney General dismisses it for lack of prosecution. []   `(f) An applicant for naturalization who moves from the
 district of the Service in the United States in which the application is
 pending may, at any time thereafter, request the Service to transfer the
 application to any district of the Service in the United States which may
 act on the application. The transfer shall not be made without the consent
 of the Attorney General. In the case of such a transfer, the proceedings
 on the application shall continue as though the application had originally
 been filed in the district of the Service to which the application is
 transferred.'. []   (14) Section 336 (8 U.S.C. 1447) is amended-- []   (A) by amending the heading to read as follows: [] `HEARINGS ON DENIALS OF APPLICATIONS FOR NATURALIZATION';
 []   (B) by amending subsections (a) and (b) to read as follows:
 []   `(a) If, after an examination under section 335, an
 application for naturalization is denied or continued, the applicant may
 request a hearing before an immigration officer. []   `(b) Where there has been a failure to make a determination
 under section 335 on an application or a failure to have a hearing under
 subsection (a) on a denial or continuance of an application, the Board of
 Immigration Appeals (established by the Attorney General under part 3 of
 title 8, Code of Federal Regulations) may, in its discretion, and shall,
 at the request of the applicant in extraordinary circumstances, require
 such a determination or hearing.'; []   (C) in subsection (c), by striking `court' and inserting
 `immigration officer'; []   (D) in subsection (d)-- []   (i) by striking `clerk of the court' and all that follows
 through `naturalization' and inserting `immigration officer shall, if the
 applicant requests it at the time of filing the request for the hearing',
 []   (ii) by striking `final' each place it appears, and
 []   (iii) by adding at the end the following: `Such subpenas
 may be enforced in the same manner as subpenas under section 335(b) may be
 enforced.'; and []   (E) in subsection (e)-- []   (i) by striking `naturalization of any person,' and inserting
 `administration by a court of the oath of allegiance under section 337(a)',
 and []   (ii) by striking `included in the petition for naturalization
 of such persons' and inserting `included in an appropriate petition to the
 court'. []   (15) Section 337 (8 U.S.C. 1448) is amended-- []   (A) in subsection (a)-- []   (i) in the first sentence, by striking `in open court'
 and inserting `in a public ceremony before the Attorney General or a court
 with jurisdiction under section 310(b)', []   (ii) in the second and fourth sentences, by striking
 `naturalization court' each place it appears and inserting `Attorney General',
 and []   (iii) in the fourth sentence, by striking `the court'
 and inserting `the Attorney General'; []   (B) in subsection (b)-- []   (i) by striking `in open court in the court in which the
 petition for naturalization is made' and inserting `in the same public
 ceremony in which the oath of allegiance is administered', and []   (ii) by striking `in the court' after `recorded';
 []   (C) in subsection (c)-- []   (i) by striking `being in open court' and inserting
 `attending a public ceremony', and []   (ii) by striking `a judge of the court at such place as
 may be designated by the court' and inserting `at such place as the Attorney
 General may designate under section 334(e)'; and []   (D) by adding at the end the following new subsection:
 []   `(d) The Attorney General shall prescribe rules and
 procedures to ensure that the public ceremonies conducted by the Attorney
 General for the administration of oaths of allegiance under this section
 are in keeping with the dignity of the occasion.'. []   (16) Section 338 (8 U.S.C. 1449) is amended-- []   (A) by striking `by a naturalization court', []   (B) by striking `the clerk of such court' and inserting
 `the Attorney General', []   (C) by striking `title, venue, and location of the
 naturalization court' and inserting `location of the district office of
 the Service in which the application was filed and the title, authority,
 and location of the official or court administering the oath of allegiance',
 []   (D) by striking `the court' and inserting `the Attorney
 General', and []   (E) by striking `of the clerk of the naturalization court;
 and seal of the court' and inserting `of an immigration officer; and the
 seal of the Department of Justice'. []   (17) Section 339 (8 U.S.C. 1450) is amended to read as
 follows: [] `FUNCTIONS AND DUTIES OF CLERKS AND RECORDS OF DECLARATIONS
 OF INTENTION AND APPLICATIONS FOR NATURALIZATION []   `SEC. 339. (a) The clerk of each court that administers
 oaths of allegiance under section 337 shall-- []   `(1) issue to each person to whom such an oath is
 administered a document evidencing that such an oath was administered,
 []   `(2) forward to the Attorney General information concerning
 each person to whom such an oath is administered by the court, within
 30 days after the close of the month in which the oath was administered,
 []   `(3) make and keep on file evidence for each such document
 issued, and []   `(4) forward to the Attorney General certified copies of
 such other proceedings and orders instituted in or issued out of the court
 affecting or relating to the naturalization of persons as may be required
 from time to time by the Attorney General. []   `(b) Each district office of the Service in the United
 States shall maintain, in chronological order, indexed, and consecutively
 numbered, as part of its permanent records, all declarations of intention
 and applications for naturalization filed with the office.'. []   (18) Section 340 (8 U.S.C. 1451) is amended-- []   (A) in the first sentence of subsection (a), by striking
 `in any court specified in subsection (a) of section 310 of this title'
 and inserting `in any district court of the United States', []   (B) by amending the second sentence of subsection (h)
 to read as follows: `The clerk of the court shall transmit a copy of such
 order and judgment to the Attorney General.', []   (C) by striking the third sentence of subsection (h), and
 []   (D) in subsection (j), by striking `any naturalization
 court' and all that follows through `to take such action' and inserting
 the following: `the Attorney General to correct, reopen, alter, modify,
 or vacate an order naturalizing the person'. []   (19) Section 344 (8 U.S.C. 1455) is amended-- []   (A) in subsection (a)-- []   (i) by striking `The clerk of the court' and inserting
 `The Attorney General', []   (ii) in paragraph (1), by striking `final', and []   (iii) in paragraph (1), by striking `the naturalization
 court' and inserting `the Attorney General'; []   (B) by striking subsections (c), (d), (e), and (f);
 []   (C) in subsection (g)-- []   (i) by striking `, and all fees paid over to the Attorney
 General by clerks of courts under the provisions of this title,', and
 []   (ii) by striking `or by the clerks of the courts';
 []   (D) in subsection (h)-- []   (i) by striking `no clerk of a United States court shall'
 and inserting `the Attorney General may not', []   (ii) by striking `, and no clerk of any State court'
 and all that follows through `charged or collected', and []   (iii) by striking the second sentence; []   (E) in subsection (i), by striking `clerk of court',
 `from the clerk,', `such clerk', and `by the clerk' and inserting `Attorney
 General', `from the Attorney General,', `the Attorney General', and `by
 the Attorney General', respectively; and []   (F) by redesignating subsections (g), (h), and (i) as
 subsections (c), (d), and (e), respectively. []   (20) Section 348 (8 U.S.C. 1459) is amended-- []   (A) by striking subsections (b) and (c); and []   (B) by striking `(a)' in subsection (a). []   (e) STRIKING MISCELLANEOUS MATERIAL- (1) Section 311
 (8 U.S.C. 1422) is amended by striking the second sentence. []   (2) Section 316 (8 U.S.C. 1427) is amended-- []   (A) by striking subsection (f); and []   (B) by redesignating subsection (g) as subsection
 (f). []   (3) Section 329 (8 U.S.C. 1440) is amended by striking
 subsection (d). []   (4) Section 330 (8 U.S.C. 1441(a)) is amended-- []   (A) by striking paragraphs (2) and (3) of subsection (a)
 and by striking `(a)(1)' in subsection (a), and []   (B) by striking subsection (b). []   (5) Section 331 (8 U.S.C. 1442) is amended by striking
 the second sentence of subsection (d). []   (f) CORRECTIONS OF TABLE OF CONTENTS- (1) The items in the
 table of contents relating to sections 334 through 336 are amended to read
 as follows: [] `Sec. 334. Application for naturalization; declaration of
 intention. [] `Sec. 335. Investigation of applicants; examination of
 applications. [] `Sec. 336. Hearings on denials of applications for
 naturalization.'. []   (2) The item in the table of contents relating to section
 339 is amended to read as follows: [] `Sec. 339. Functions and duties of clerks and records of
 declarations of intention and applications for naturalization.'. [] SEC. 207. EFFECTIVE DATES AND SAVINGS PROVISIONS. []   (a) EFFECTIVE DATE-  []   (1) NO NEW COURT PETITIONS AFTER EFFECTIVE DATE- No
 court shall have jurisdiction, under section 310(a) of the Immigration and
 Nationality Act, to naturalize a person unless a petition for naturalization
 with respect to that person has been filed with the court before the
 effective date (as defined in paragraph (3)). []   (2) TREATMENT OF CURRENT COURT PETITIONS-  []   (A) CONTINUATION OF CURRENT RULES- Except as provided in
 subparagraph (B), any petition for naturalization which may be pending in a
 court on the effective date shall be heard and determined in accordance with
 the requirements of law in effect when the petition was filed. []   (B) PERMITTING WITHDRAWAL AND CONSIDERATION OF APPLICATION
 UNDER NEW RULES- In the case of any petition for naturalization which
 may be pending in any court on the date of the enactment of this Act,
 the petitioner may withdraw such petition and have the petitioner's
 application for naturalization considered under the amendments made by this
 title. []   (3) EFFECTIVE DATE DEFINED- As used in this section, the
 term `effective date' means the first day of the fourth month beginning
 after the date of the enactment of this Act. []   (4) GENERAL EFFECTIVE DATE- Except as otherwise provided
 in this section, the amendments made by this title are effective as of the
 date of the enactment of this Act. []   (b) INTERIM, FINAL REGULATIONS- The Attorney General shall
 prescribe regulations (on an interim, final basis or otherwise) to implement,
 on a timely basis, the amendments made by this title. []   (c) CONTINUING DUTIES- The amendments to section 339 of
 the Immigration and Nationality Act (relating to functions and duties of
 clerks) shall not apply to functions and duties respecting petitions filed
 before the effective date. []   (d) GENERAL SAVINGS PROVISIONS- (1) Nothing contained in
 this title, unless otherwise specifically provided, shall be construed
 to affect the validity of any declaration of intention, petition for
 naturalization, certificate of naturalization, certification of citizenship,
 or other document or proceeding which is valid as of the effective date; or
 to affect any prosecution, suit, action, or proceedings, civil or criminal,
 brought, or any status, condition, right in process of acquisition, act,
 thing, liability, obligation, or matter, civil or criminal, done or existing,
 as of the effective date. []   (2) As to all such prosecutions, suits, actions, proceedings,
 statutes, conditions, rights, acts, things, liabilities, obligations, or
 matters, the provisions of law repealed by this title are, unless otherwise
 specifically provided, hereby continued in force and effect. [