ferred. In no event shall the return of such person require any request for extradition or extradition proceedings, or proceedings under the immigration laws.

(c) Where there is a treaty or convention between the United States and the foreign country in which the witness is being held in custody which provides for the transfer, custody and return of such witnesses, the terms and conditions of that treaty shall apply. Where there is no such treaty or convention, the Attorney General may exercise the authority described in paragraph (a) if both the foreign country and the witness give their consent.

§ 3583. Inclusion of a term of supervised release after imprisonment (a) IN GENERAL.-The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b).

(b) AUTHORIZED TERMS OF SUPERVISED RELEASE.-Except as otherwise provided, the authorized terms of supervised release are

(1) for a Class A or Class B felony, not more than five years;

(2) for a Class C or Class D felony, not more than three years; and

(3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.

(c) FACTORS TO BE CONSIDERED IN INCLUDING A TERM OF SUPERVISED RELEASE.-The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6).

(d) CONDITIONS OF SUPERVISED RELEASE. The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit condition of supervised release for a defendant convicted for the first time of a domestic violence crime as defined in section 3561(b) that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50mile radius of the legal residence of the defendant. The court shall also order, as an explicit condition of supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4). The results of a drug test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such

programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3583(g) when considering any action against a defendant who fails a drug test. The court may order, as a further condition of supervised release, to the extent that such condition

(1) is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);

(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and (3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a);

any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20), and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.

(e) MODIFICATION OF CONDITIONS OR REVOCATION.-The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6)—

(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;

(2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of postrelease supervision;

(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or

(4) order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.

(f) WRITTEN STATEMENT OF CONDITIONS.-The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.

(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG TESTING.-If the defendant—

(1) possesses a controlled substance in violation of the condition set forth in subsection (d);

(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm; or

(3) refuses to comply with drug testing imposed as a condition of supervised release; the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3).

(h) SUPERVISED RELEASE FOLLOWING REVOCATION.-When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the court may include a requirement that the defendant be placed on a term

of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.

(i) DELAYED REVOCATION.-The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

§ 4113. Status of alien offender transferred to a foreign country

(a) An alien who is deportable from the United States but who has been granted voluntary departure pursuant to section 1252(b) or section 1254(e) of title 8, United States Code, and who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have voluntarily departed from this country.

(b) An alien who is the subject of an order of deportation from the United States pursuant to section 1252 of title 8, United States Code, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been deported from this country.

(c) An alien who is the subject of an order of exclusion and deportation from the United States pursuant to section 1226 of title 8, United States Code, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been excluded from admission and deported from the United States.

II. EXCERPTS FROM RECENT ACTS

[As Amended Through P.L. 104-8, May 1, 1995; References in Brackets to Sections are to Those Sections of the Immigration and Nationality Act]

A. IMMIGRATION ACT OF 1990 AND PROVISIONS SUPERSEDED

1. IMMIGRATION ACT OF 1990

(Public Law 101-649, Nov. 29, 1990; as amended by P.L. 102-65 (July 2, 1991, 105 Stat. 322), §4 of the Armed Forces Immigration Adjustment Act of 1991 (P.L. of 102-110, Oct. 1. 1991, 105 Stat. 557), title III of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1742 et seq., and title II of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, Oct. 25, 1994, 108 Stat. 4310 et seq.))

SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Immigration Act of 1990".

(b) REFERENCES IN ACT.-Except as specifically provided in this Act, whenever in this Act 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.

(c) TABLE OF CONTENTS.-The table of contents of this Act is as follows:

Sec. 1. Short title; references in Act; table of contents.

Sec. 121. Employment-based immigrants.

Sec. 122. Changes in labor certification process.

Sec. 123. Definitions of managerial capacity and executive capacity.

Sec. 124. Transition for employees of certain United States businesses operating in Hong Kong.

Sec. 131. Diversity immigrants.

PART 3-DIVERSITY IMMIGRANTS

Sec. 132. Diversity transition for aliens who are natives of certain adversely affected foreign states.
Sec. 133. One-year diversity transition for aliens who have been notified of availability of NP-5 visas.
Sec. 134. Transition for displaced Tibetans.

Subtitle C-Commission and Information

Sec. 141. Commission on Immigration Reform.
Sec. 142. Statistical information systems.

Subtitle D-Miscellaneous

Sec. 151. Revision of special immigrant provisions relating to religious workers (C special immigrants).

Sec. 152. Special immigrant status for certain aliens employed at the United States mission in Hong Kong (D special immigrants).

Sec. 153. Special immigrant status for certain aliens declared dependent on a juvenile court (J special immigrants).

Sec. 154. Permitting extension of period of validity of immigrant visas for certain residents of Hong Kong. Sec. 155. Expedited issuance of Lebanese second and fifth preference visas.

Sec. 161. Effective dates.

Subtitle E-Effective Dates; Conforming Amendments

Sec. 162. Conforming amendments.

TITLE II-NONIMMIGRANTS

Subtitle A-General and Permanent Provisions

Sec. 201. Revision and extension of the visa waiver pilot program for foreign tourists (B nonimmigrants).
Sec. 202. Denial of crewmember status in the case of certain labor disputes (D nonimmigrants).

Sec. 203. Limitations on performance of longshore work by alien crewmen (D nonimmigrants).

Sec. 204. Treaty traders (E nonimmigrants).

Sec. 205. Temporary workers and trainees (H nonimmigrants).

Sec. 206. Intra-company transferees (L nonimmigrants).

Sec. 207. New classification for aliens with extraordinary ability, accompanying aliens, and athletes and entertainers (O&P nonimmigrants).

Sec. 208. New classification for international cultural exchange programs (Q nonimmigrants).

Sec. 209. New classification for aliens in religious occupations (R nonimmigrants).

Subtitle B-Temporary or Limited Provisions

Sec. 221. Off-campus work authorization for students (F nonimmigrants).

Sec. 222. Admission of nonimmigrants for cooperative research, development, and coproduction projects.
Sec. 223. Establishment of special education exchange visitor program.

Sec. 231. Effective dates.

Subtitle C-Effective Dates

TITLE III-FAMILY UNITY AND TEMPORARY PROTECTED STATUS

Sec. 301. Family unity.

Sec. 302. Temporary protected status.

Sec. 303. Special temporary protected status for Salvadorans.

TITLE IV-NATURALIZATION

Sec. 401. Administrative naturalization.

Sec. 402. Substituting 3 months residence in INS district or State for 6 months residence in a State.

Sec. 403. Waiver of English language requirement for naturalization.

Sec. 404. Treatment of service in armed forces of a foreign country.

Sec. 405. Naturalization of natives of the Philippines through certain active-duty service during World War II. Sec. 406. Public education regarding naturalization benefits.

Sec. 407. Conforming amendments.

Sec. 408. Effective dates and savings provisions.

TITLE V-ENFORCEMENT

Subtitle A-Criminal Aliens

Sec. 501. Aggravated felony definition.

Sec. 502. Shortening period to request judicial review.

Sec. 503. Enhancing enforcement authority of INS officers.

Sec. 504. Custody pending determination of deportability and excludability.

Sec. 505. Elimination of judicial recommendations against deportation.

Sec. 506. Clarification respecting discretionary authority in deportation proceedings for incarcerated aliens. Sec. 507. Requiring coordination plan with INS as a condition for receipt of drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968.

Sec. 508. Deportation for attempted violations of controlled substances laws.

Sec. 509. Good moral character definition.

Sec. 510. Report on criminal aliens.

Sec. 511. Limitation on waiver of exclusion for returning permanent residents convicted of an aggravated felony.

Sec. 512. Authorization of additional immigration judges for deportation proceedings involving criminal aliens. Sec. 513. Effect of filing petition for review.

Sec. 514. Extending bar on reentry of aliens convicted of aggravated felonies.

Sec. 515. Asylum in the case of aliens convicted of aggravated felonies.

Subtitle B-Provision Relating to Employer Sanctions

Sec. 521. Elimination of paperwork requirement for recruiters and referrers.

Subtitle C-Provisions Relating to Anti-Discrimination

Sec. 531. Dissemination of information concerning anti-discrimination protections under IRCA and title VII of the Civil Rights Act of 1964.

Sec. 532. Inclusion of certain seasonal agricultural workers within scope of anti-discrimination protections. Sec. 533. Elimination of requirement that aliens file a declaration of intending to become a citizen in order to file anti-discrimination complaint.

Sec. 534. Anti-retaliation protections.

Sec. 535. Treatment of certain actions as discrimination.

Sec. 536. Conforming civil money penalties for anti-discrimination violations to those for employer sanctions. Sec. 537. Period for filing of complaints.

Sec. 538. Special Counsel access to employment eligibility verification forms.

Sec. 539. Additional relief in orders.