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 Sen-
ate 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:
Ω1æPage 36, after line 19 of the House engrossed
amendment, insert:
SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE RE-
QUIREMENT 
WITH 
RESPECT 
TO 
INTER-
NATIONAL 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
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(2) by inserting after ‘‘public interest’’ the fol-
lowing: ‘‘except that in the case of a waiver requested
by a State Department of Public Health, or its equiv-
alent 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 re-
quirement under section 212(e) with respect to an alien de-
scribed 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 state-
ment in writing that it has no objection to such waiv-
er;
‘‘(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
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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 ac-
cordance 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 phys-
ically present in the country of his nationality or his last
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residence for an aggregate of at least two years following
departure from the United States.
‘‘(3) Notwithstanding any other provision of this sub-
section, 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 Na-
tionality 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.
Ω2æPage 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 re-
duce the U.S.-Taiwan trade deficit;
(ii) Prevention of nuclear proliferation;
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(iii) Threats to the national security of the Unit-
ed 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.
Ω3æPage 36, after line 19 of the House engrossed
amendment, insert:
SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FEL-
ONY.
(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 sub-
stance (as defined in section 102 of the Con-
trolled Substances Act), including a drug traf-
ficking crime (as defined in section 924(c) of
title 18, United States Code);
‘‘(C) illicit trafficking in firearms or de-
structive devices (as defined in section 921 of
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title 18, United States Code) or in explosive ma-
terials (as defined in section 841(c) of that title);
‘‘(D) an offense described in section 1956 of
title 18, United States Code (relating to launder-
ing 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 ex-
ceeded $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 Rev-
enue Code of 1986 (relating to firearms of-
fenses);
‘‘(F) a crime of violence (as defined in sec-
tion 16 of title 18, United States Code, but not
including a purely political offense) for which
the term of imprisonment imposed (regardless of
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any suspension of imprisonment) is at least 5
years;
‘‘(G) a theft offense (including receipt of sto-
len 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 ran-
som);
‘‘(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, Unit-
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ed States Code (relating to peonage, slavery,
and involuntary servitude);
‘‘(L) an offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), 798 (relating to disclosure of classi-
fied information), 2153 (relating to sabo-
tage) or 2381 or 2382 (relating to treason)
of title 18, United States Code; or
‘‘(ii) section 601 of the National Secu-
rity Act of 1947 (50 U.S.C. 421) (relating
to protecting the identity of undercover in-
telligence 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 (relat-
ing to alien smuggling) for the purpose of com-
mercial advantage;
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‘‘(O) an offense described in section 1546(a)
of title 18, United States Code (relating to docu-
ment 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 ap-
pear by a defendant for service of sentence if the
underlying offense is punishable by imprison-
ment 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 para-
graph 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 imprison-
ment 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—
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(1) in subsection (b)(4)(D), by striking ‘‘the de-
termination 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 Im-
migration and Nationality Act (8 U.S.C. 1252a) is amend-
ed 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 de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable 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.—
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‘‘(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 depor-
tation.
‘‘(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 con-
taining 
factual 
allegations 
regarding 
the
alienage of the defendant and identifying the
crime or crimes which make the defendant de-
portable under section 241(a)(2)(A).
‘‘(C) If the court determines that the defend-
ant has presented substantial evidence to estab-
lish prima facie eligibility for relief from depor-
tation under this Act, the Commissioner shall
provide the court with a recommendation and re-
port 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 be-
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half, and to cross-examine witnesses presented by
the Government.
‘‘(ii) The court, for the purposes of deter-
mining 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 im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates that
the alien is deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JUDI-
CIAL 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
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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 Commis-
sioner 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 with-
out a decision on the merits of a request for a judicial
order of deportation shall not preclude the Attorney
General from initiating deportation proceedings pur-
suant to section 242 upon the same ground of deport-
ability 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
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U.S.C. 1252(b)) is amended by striking ‘‘The’’ and insert-
ing ‘‘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 enact-
ment of this Act.
SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.
No amendment made by this Act and nothing in sec-
tion 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 offi-
cers or any other person.
Attest:
Secretary.