103D CONGRESS

2D SESSION H.R. 783

SENATE

AMENDMENTS TO

HOUSE AMENDMENT

TO SENATE

AMENDMENT
In the Senate of the United States,

October 6 (legislative day, September 12), 1994.

Resolved, That the Senate agree to the amendment of

the House of Representatives to the amendment of the Senate to the bill (H.R. 783) entitled ‘‘An Act to amend title III

of the Immigration and Nationality Act to make changes in

the laws relating to nationality and naturalization’’ with the

following

SENATE AMENDMENTS TO

HOUSE AMENDMENT TO

SENATE AMENDMENT:

1 Ω1æPage 36, after line 19 of the House engrossed

2 amendment, insert:

3 SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE RE4 QUIREMENT WITH RESPECT TO INTER5 NATIONAL MEDICAL GRADUATES.

6 (a) WAIVER.—Section 212(e) of the Immigration and

7 Nationality Act (8 U.S.C. 1182(e)) is amended—

8 (1) in the first proviso by inserting ‘‘(or, in the

9 case of an alien described in clause (iii), pursuant to

10 the request of a State Department of Public Health,

11 or its equivalent)’’ after ‘‘interested United States

12 Government agency’’; and
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1 (2) by inserting after ‘‘public interest’’ the fol2 lowing: ‘‘except that in the case of a waiver requested

3 by a State Department of Public Health, or its equiv4 alent the waiver shall be subject to the requirements

5 of section 214(k)’’.

6 (b) RESTRICTIONS ON WAIVER.—Section 214 of such

7 Act (8 U.S.C. 1184) is amended by adding at the end the

8 following:

9 ‘‘(k)(1) In the case of a request by an interested State

10 agency for a waiver of the two-year foreign residence re11 quirement under section 212(e) with respect to an alien de12 scribed in clause (iii) of that section, the Attorney General

13 shall not grant such waiver unless—

14 ‘‘(A) in the case of an alien who is otherwise

15 contractually obligated to return to a foreign country,

16 the government of such country furnishes the Director

17 of the United States Information Agency with a state18 ment in writing that it has no objection to such waiv19 er;

20 ‘‘(B) the alien demonstrates a bona fide offer of

21 full-time employment at a health facility and agrees

22 to begin employment at such facility within 90 days

23 of receiving such waiver and agrees to continue to

24 work in accordance with paragraph (2) at the health

25 care facility in which the alien is employed for a total
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1 of not less than 3 years (unless the Attorney General

2 determines that extenuating circumstances such as the

3 closure of the facility or hardship to the alien would

4 justify a lesser period of time);

5 ‘‘(C) the alien agrees to practice medicine in ac6 cordance with paragraph (2) for a total of not less

7 than 3 years only in the geographic area or areas

8 which are designated by the Secretary of Health and

9 Human Services as having a shortage of health care

10 professionals; and

11 ‘‘(D) the grant of such waiver would not cause

12 the number of waivers allotted for that State for that

13 fiscal year to exceed twenty.

14 ‘‘(2)(A) Notwithstanding section 248(2) the Attorney

15 General may change the status of an alien that qualifies

16 under this subsection and section 212(e) to that of an alien

17 described in section 101(a)(15)(H)(i)(b).

18 ‘‘(B) No person who has obtained a change of status

19 under subparagraph (A) and who has failed to fulfill the

20 terms of a contract with a health facility shall be eligible

21 to apply for an immigrant visa, for permanent residence,

22 or for any other change of nonimmigrant status until it

23 is established that such person has resided and been phys24 ically present in the country of his nationality or his last
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1 residence for an aggregate of at least two years following

2 departure from the United States.

3 ‘‘(3) Notwithstanding any other provision of this sub4 section, the two-year foreign residence requirement under

5 section 212(e) shall apply with respect to an alien described

6 in clause (iii) of that section, who has not otherwise been

7 accorded status under section 101(a)(27)(H), if at any time

8 the alien practices medicine in an area other than an area

9 described in paragraph (1)(C).’’.

10 (c) EFFECTIVE DATE.—The amendments made by this

11 section shall apply to aliens admitted to the United States

12 under section 101(a)(15)(J) of the Immigration and Na13 tionality Act, or acquiring such status after admission to

14 the United States, before, on, or after the date of enactment

15 of this Act and before June 1, 1996.

16 Ω2æPage 36, after line 19 of the House engrossed

17 amendment, insert:

18 SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.

19 Whenever the president of Taiwan or any other high20 level official of Taiwan shall apply to visit the United

21 States for the purposes of discussions with United States

22 federal or state government officials concerning:

23 (i) Trade or business with Taiwan that will re24 duce the U.S.-Taiwan trade deficit;

25 (ii) Prevention of nuclear proliferation;
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1 (iii) Threats to the national security of the Unit2 ed States;

3 (iv) The protection of the global environment;

4 (v) The protection of endangered species; or

5 (iv) Regional humanitarian disasters.

6 The official shall be admitted to the United States, unless

7 the official is otherwise excludable under the immigration

8 laws of the United States.

9 Ω3æPage 36, after line 19 of the House engrossed

10 amendment, insert:

11 SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FEL12 ONY.

13 (a) EXPANSION OF DEFINITION.—Section 101(a)(43)

14 of the Immigration and Nationality Act (8 U.S.C.

15 1101(a)(43)) is amended to read as follows:

16 ‘‘(43) The term ‘aggravated felony’ means—

17 ‘‘(A) murder;

18 ‘‘(B) illicit trafficking in a controlled sub19 stance (as defined in section 102 of the Con20 trolled Substances Act), including a drug traf21 ficking crime (as defined in section 924(c) of

22 title 18, United States Code);

23 ‘‘(C) illicit trafficking in firearms or de24 structive devices (as defined in section 921 of
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1 title 18, United States Code) or in explosive ma2 terials (as defined in section 841(c) of that title);

3 ‘‘(D) an offense described in section 1956 of

4 title 18, United States Code (relating to launder5 ing of monetary instruments) or section 1957 of

6 that title (relating to engaging in monetary

7 transactions in property derived from specific

8 unlawful activity) if the amount of the funds ex9 ceeded $100,000;

10 ‘‘(E) an offense described in—

11 ‘‘(i) section 842 (h) or (i) of title 18,

12 United States Code, or section 844 (d), (e),

13 (f), (g), (h), or (i) of that title (relating to

14 explosive materials offenses);

15 ‘‘(ii) section 922(g) (1), (2), (3), (4), or

16 (5), (j), (n), (o), (p), or (r) or 924 (b) or (h)

17 of title 18, United States Code (relating to

18 firearms offenses); or

19 ‘‘(iii) section 5861 of the Internal Rev20 enue Code of 1986 (relating to firearms of21 fenses);

22 ‘‘(F) a crime of violence (as defined in sec23 tion 16 of title 18, United States Code, but not

24 including a purely political offense) for which

25 the term of imprisonment imposed (regardless of
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1 any suspension of imprisonment) is at least 5

2 years;

3 ‘‘(G) a theft offense (including receipt of sto4 len property) or burglary offense for which the

5 term of imprisonment imposed (regardless of any

6 suspension of such imprisonment) is at least 5

7 years;

8 ‘‘(H) an offense described in section 875,

9 876, 877, or 1202 of title 18, United States Code

10 (relating to the demand for or receipt of ran11 som);

12 ‘‘(I) an offense described in section 2251,

13 2251A, or 2252 of title 18, United States Code

14 (relating to child pornography);

15 ‘‘(J) an offense described in section 1962 of

16 title 18, United States Code (relating to racketeer

17 influenced corrupt organizations) for which a

18 sentence of 5 years’ imprisonment or more may

19 be imposed;

20 ‘‘(K) an offense that—

21 ‘‘(i) relates to the owning, controlling,

22 managing, or supervising of a prostitution

23 business; or

24 ‘‘(ii) is described in section 1581, 1582,

25 1583, 1584, 1585, or 1588, of title 18, Unit-
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1 ed States Code (relating to peonage, slavery,

2 and involuntary servitude);

3 ‘‘(L) an offense described in—

4 ‘‘(i) section 793 (relating to gathering

5 or transmitting national defense informa6 tion), 798 (relating to disclosure of classi7 fied information), 2153 (relating to sabo8 tage) or 2381 or 2382 (relating to treason)

9 of title 18, United States Code; or

10 ‘‘(ii) section 601 of the National Secu11 rity Act of 1947 (50 U.S.C. 421) (relating

12 to protecting the identity of undercover in13 telligence agents);

14 ‘‘(M) an offense that—

15 ‘‘(i) involves fraud or deceit in which

16 the loss to the victim or victims exceeds

17 $200,000; or

18 ‘‘(ii) is described in section 7201 of the

19 Internal Revenue Code of 1986 (relating to

20 tax evasion) in which the revenue loss to the

21 Government exceeds $200,000;

22 ‘‘(N) an offense described in section

23 274(a)(1) of title 18, United States Code (relat24 ing to alien smuggling) for the purpose of com25 mercial advantage;
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1 ‘‘(O) an offense described in section 1546(a)

2 of title 18, United States Code (relating to docu3 ment fraud) which constitutes trafficking in the

4 documents described in such section for which the

5 term of imprisonment imposed (regardless of any

6 suspension of such imprisonment) is at least 5

7 years;

8 ‘‘(P) an offense relating to a failure to ap9 pear by a defendant for service of sentence if the

10 underlying offense is punishable by imprison11 ment for a term of 15 years or more; and

12 ‘‘(Q) an attempt or conspiracy to commit

13 an offense described in this paragraph.

14 The term applies to an offense described in this para15 graph whether in violation of Federal or State law

16 and applies to such an offense in violation of the law

17 of a foreign country for which the term of imprison18 ment was completed within the previous 15 years.’’.

19 (b) EFFECTIVE DATE.—The amendments made by this

20 section shall apply to convictions entered on or after the

21 date of enactment of this Act.

22 SEC. 223. SUMMARY DEPORTATION.

23 (a) EXPEDITED PROCEDURES.—Section 242A of the

24 Immigration and Nationality Act (8 U.S.C. 1252a) is

25 amended—
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1 (1) in subsection (b)(4)(D), by striking ‘‘the de2 termination of deportability is supported by clear,

3 convincing, and unequivocal evidence and’’; and

4 (2) in subsection (b)(4)(E), by striking ‘‘entered’’

5 and inserting ‘‘adjudicated’’.

6 (b) TECHNICAL CORRECTION.—Section 106(d)(1)(D) of

7 the Immigration and Nationality Act (8 U.S.C. 1105a) is

8 amended by striking ‘‘242A(b)(5)’’ and inserting

9 ‘‘242A(b)(4)’’.

10 SEC. 224. JUDICIAL DEPORTATION.

11 (a) JUDICIAL DEPORTATION.—Section 242A of the Im12 migration and Nationality Act (8 U.S.C. 1252a) is amend13 ed by adding at the end the following new subsection:

14 ‘‘(d) JUDICIAL DEPORTATION.—

15 ‘‘(1) AUTHORITY.—Notwithstanding any other

16 provision of this Act, a United States district court

17 shall have jurisdiction to enter a judicial order of de18 portation at the time of sentencing against an alien

19 whose criminal conviction causes such alien to be de20 portable under section 241(a)(2)(A), if such an order

21 has been requested by the United States Attorney with

22 the concurrence of the Commissioner and if the court

23 chooses to exercise such jurisdiction.

24 ‘‘(2) PROCEDURE.—
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1 ‘‘(A) The United States Attorney shall file

2 with the United States district court, and serve

3 upon the defendant and the Service, prior to

4 commencement of the trial or entry of a guilty

5 plea a notice of intent to request judicial depor6 tation.

7 ‘‘(B) Notwithstanding section 242B, the

8 United States Attorney, with the concurrence of

9 the Commissioner, shall file at least 30 days

10 prior to the date set for sentencing a charge con11 taining factual allegations regarding the

12 alienage of the defendant and identifying the

13 crime or crimes which make the defendant de14 portable under section 241(a)(2)(A).

15 ‘‘(C) If the court determines that the defend16 ant has presented substantial evidence to estab17 lish prima facie eligibility for relief from depor18 tation under this Act, the Commissioner shall

19 provide the court with a recommendation and re20 port regarding the alien’s eligibility for relief.

21 The court shall either grant or deny the relief

22 sought.

23 ‘‘(D)(i) The alien shall have a reasonable

24 opportunity to examine the evidence against him

25 or her, to present evidence on his or her own be-
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1 half, and to cross-examine witnesses presented by

2 the Government.

3 ‘‘(ii) The court, for the purposes of deter4 mining whether to enter an order described in

5 paragraph (1), shall only consider evidence that

6 would be admissible in proceedings conducted

7 pursuant to section 242(b).

8 ‘‘(iii) Nothing in this subsection shall limit

9 the information a court of the United States

10 may receive or consider for the purposes of im11 posing an appropriate sentence.

12 ‘‘(iv) The court may order the alien de13 ported if the Attorney General demonstrates that

14 the alien is deportable under this Act.

15 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JUDI16 CIAL ORDER OF DEPORTATION.—

17 ‘‘(A)(i) A judicial order of deportation or

18 denial of such order may be appealed by either

19 party to the court of appeals for the circuit in

20 which the district court is located.

21 ‘‘(ii) Except as provided in clause (iii),

22 such appeal shall be considered consistent with

23 the requirements described in section 106.

24 ‘‘(iii) Upon execution by the defendant of a

25 valid waiver of the right to appeal the conviction
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1 on which the order of deportation is based, the

2 expiration of the period described in section

3 106(a)(1), or the final dismissal of an appeal

4 from such conviction, the order of deportation

5 shall become final and shall be executed at the

6 end of the prison term in accordance with the

7 terms of the order. If the conviction is reversed

8 on direct appeal, the order entered pursuant to

9 this section shall be void.

10 ‘‘(B) As soon as is practicable after entry of

11 a judicial order of deportation, the Commis12 sioner shall provide the defendant with written

13 notice of the order of deportation, which shall

14 designate the defendant’s country of choice for

15 deportation and any alternate country pursuant

16 to section 243(a).

17 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial with18 out a decision on the merits of a request for a judicial

19 order of deportation shall not preclude the Attorney

20 General from initiating deportation proceedings pur21 suant to section 242 upon the same ground of deport22 ability or upon any other ground of deportability

23 provided under section 241(a).’’.

24 (b) TECHNICAL AMENDMENT.—The ninth sentence of

25 section 242(b) of the Immigration and Nationality Act (8
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1 U.S.C. 1252(b)) is amended by striking ‘‘The’’ and insert2 ing ‘‘Except as provided in section 242A(d), the’’.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall apply to all aliens whose adjudication of guilt

5 or guilty plea is entered in the record after the date of enact6 ment of this Act.

7 SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION

8 REQUIREMENTS.

9 No amendment made by this Act and nothing in sec10 tion 242(i) of the Immigration and Nationality Act (8

11 U.S.C. 1252(i)) shall be construed to create any substantive

12 or procedural right or benefit that is legally enforceable by

13 any party against the United States or its agencies or offi14 cers or any other person.

Attest:

Secretary.
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H.R. 783 AES——2