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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 aes (AES)]

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)Page 36, after line 19 of the House engrossed amendment, insert:

SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT 
              TO INTERNATIONAL MEDICAL GRADUATES.

    (a) Waiver.--Section 212(e) of the Immigration and Nationality Act 
(8 U.S.C. 1182(e)) is amended--
            (1) in the first proviso by inserting ``(or, in the case of 
        an alien described in clause (iii), pursuant to the request of 
        a State Department of Public Health, or its equivalent)'' after 
        ``interested United States Government agency''; and
            (2) by inserting after ``public interest'' the following: 
        ``except that in the case of a waiver requested by a State 
        Department of Public Health, or its equivalent the waiver shall 
        be subject to the requirements of section 214(k)''.
    (b) Restrictions on Waiver.--Section 214 of such Act (8 U.S.C. 
1184) is amended by adding at the end the following:
    ``(k)(1) In the case of a request by an interested State agency for 
a waiver of the two-year foreign residence requirement under section 
212(e) with respect to an alien described in clause (iii) of that 
section, the Attorney General shall not grant such waiver unless--
            ``(A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, the 
        government of such country furnishes the Director of the United 
        States Information Agency with a statement in writing that it 
        has no objection to such waiver;
            ``(B) the alien demonstrates a bona fide offer of full-time 
        employment at a health facility and agrees to begin employment 
        at such facility within 90 days of receiving such waiver and 
        agrees to continue to work in accordance with paragraph (2) at 
        the health care facility in which the alien is employed for a 
        total of not less than 3 years (unless the Attorney General 
        determines that extenuating circumstances such as the closure 
        of the facility or hardship to the alien would justify a lesser 
        period of time);
            ``(C) the alien agrees to practice medicine in accordance 
        with paragraph (2) for a total of not less than 3 years only in 
        the geographic area or areas which are designated by the 
        Secretary of Health and Human Services as having a shortage of 
        health care professionals; and
            ``(D) the grant of such waiver would not cause the number 
        of waivers allotted for that State for that fiscal year to 
        exceed twenty.
    ``(2)(A) Notwithstanding section 248(2) the Attorney General may 
change the status of an alien that qualifies under this subsection and 
section 212(e) to that of an alien described in section 
101(a)(15)(H)(i)(b).
    ``(B) No person who has obtained a change of status under 
subparagraph (A) and who has failed to fulfill the terms of a contract 
with a health facility shall be eligible to apply for an immigrant 
visa, for permanent residence, or for any other change of nonimmigrant 
status until it is established that such person has resided and been 
physically present in the country of his nationality or his last 
residence for an aggregate of at least two years following departure 
from the United States.
    ``(3) Notwithstanding any other provision of this subsection, the 
two-year foreign residence requirement under section 212(e) shall apply 
with respect to an alien described in clause (iii) of that section, who 
has not otherwise been accorded status under section 101(a)(27)(H), if 
at any time the alien practices medicine in an area other than an area 
described in paragraph (1)(C).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to aliens admitted to the United States under section 
101(a)(15)(J) of the Immigration and Nationality Act, or acquiring such 
status after admission to the United States, before, on, or after the 
date of enactment of this Act and before June 1, 1996.

 (2)Page 36, after line 19 of the House engrossed amendment, insert:

SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.

    Whenever the president of Taiwan or any other high-level official 
of Taiwan shall apply to visit the United States for the purposes of 
discussions with United States federal or state government officials 
concerning:
            (i) Trade or business with Taiwan that will reduce the 
        U.S.-Taiwan trade deficit;
            (ii) Prevention of nuclear proliferation;
            (iii) Threats to the national security of the United 
        States;
            (iv) The protection of the global environment;
            (v) The protection of endangered species; or
            (iv) Regional humanitarian disasters.
The official shall be admitted to the United States, unless the 
official is otherwise excludable under the immigration laws of the 
United States.

 (3)Page 36, after line 19 of the House engrossed amendment, insert:

SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) Expansion of Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) illicit trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act), including a drug trafficking crime (as defined in 
                section 924(c) of title 18, United States Code);
                    ``(C) illicit trafficking in firearms or 
                destructive devices (as defined in section 921 of title 
                18, United States Code) or in explosive materials (as 
                defined in section 841(c) of that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $100,000;
                    ``(E) an offense described in--
                            ``(i) section 842 (h) or (i) of title 18, 
                        United States Code, or section 844 (d), (e), 
                        (f), (g), (h), or (i) of that title (relating 
                        to explosive materials offenses);
                            ``(ii) section 922(g) (1), (2), (3), (4), 
                        or (5), (j), (n), (o), (p), or (r) or 924 (b) 
                        or (h) of title 18, United States Code 
                        (relating to firearms offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a crime of violence (as defined in section 16 
                of title 18, United States Code, but not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                imprisonment) is at least 5 years;
                    ``(G) a theft offense (including receipt of stolen 
                property) or burglary offense for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 5 years;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense described in section 2251, 2251A, 
                or 2252 of title 18, United States Code (relating to 
                child pornography);
                    ``(J) an offense described in section 1962 of title 
                18, United States Code (relating to racketeer 
                influenced corrupt organizations) for which a sentence 
                of 5 years' imprisonment or more may be imposed;
                    ``(K) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing, or supervising of a prostitution 
                        business; or
                            ``(ii) is described in section 1581, 1582, 
                        1583, 1584, 1585, or 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(L) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code; or
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                    ``(M) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $200,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $200,000;
                    ``(N) an offense described in section 274(a)(1) of 
                title 18, United States Code (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(O) an offense described in section 1546(a) of 
                title 18, United States Code (relating to document 
                fraud) which constitutes trafficking in the documents 
                described in such section for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 5 years;
                    ``(P) an offense relating to a failure to appear by 
                a defendant for service of sentence if the underlying 
                offense is punishable by imprisonment for a term of 15 
                years or more; and
                    ``(Q) an attempt or conspiracy to commit an offense 
                described in this paragraph.
        The term applies to an offense described in this paragraph 
        whether in violation of Federal or State law and applies to 
        such an offense in violation of the law of a foreign country 
        for which the term of imprisonment was completed within the 
        previous 15 years.''.
  (b) Effective Date.--The amendments made by this section shall apply 
to convictions entered on or after the date of enactment of this Act.

SEC. 223. SUMMARY DEPORTATION.

    (a) Expedited Procedures.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended--
            (1) in subsection (b)(4)(D), by striking ``the 
        determination of deportability is supported by clear, 
        convincing, and unequivocal evidence and''; and
          (2) in subsection (b)(4)(E), by striking ``entered'' and 
        inserting ``adjudicated''.
  (b) Technical Correction.--Section 106(d)(1)(D) of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended by striking 
``242A(b)(5)'' and inserting ``242A(b)(4)''.

SEC. 224. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the 
following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 241(a)(2)(A), 
        if such an order has been requested by the United States 
        Attorney with the concurrence of the Commissioner and if the 
        court chooses to exercise such jurisdiction.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall file with 
                the United States district court, and serve upon the 
                defendant and the Service, prior to commencement of the 
                trial or entry of a guilty plea a notice of intent to 
                request judicial deportation.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 30 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                identifying the crime or crimes which make the 
                defendant deportable under section 241(a)(2)(A).
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                this Act, the Commissioner shall provide the court with 
                a recommendation and report regarding the alien's 
                eligibility for relief. The court shall either grant or 
                deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates that the alien is 
                deportable under this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.  
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order. If the conviction is reversed on 
                direct appeal, the order entered pursuant to this 
                section shall be void.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                of deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial without a decision 
        on the merits of a request for a judicial order of deportation 
        shall not preclude the Attorney General from initiating 
        deportation proceedings pursuant to section 242 upon the same 
        ground of deportability or upon any other ground of 
        deportability provided under section 241(a).''.
    (b) Technical Amendment.--The ninth sentence of section 242(b) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by 
striking ``The'' and inserting ``Except as provided in section 242A(d), 
the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)) shall be construed 
to create any substantive or procedural right or benefit that is 
legally enforceable by any party against the United States or its 
agencies or officers or any other person.

            Attest:

                                                             Secretary.

H.R. 783 AES----2
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