[Congressional Record Volume 140, Number 57 (Wednesday, May 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCAIN:
S. 2103. A bill to make the provisions of title IV of the Trade Act
of 1974 applicable to Cambodia; the Committee on Finance.
Cambodia Most-Favored-Nation Status Act of 1994
Mr. McCAIN. Mr. President, I am introducing legislation today
intended to clear up an anomaly in United States law which prohibits
the President from granting Cambodia most-favored-nation status.
Areas of Indochina under Communist control, including significant
portions of Cambodia, were denied most-favored-nation status [MFN]
under the Trade Agreements Extension Act of 1951 and the 1974 Trade
Act. Cambodia as a whole was denied MFN in 1975 by executive action and
its new trading status was confirmed by Congress in the 1988 Trade Act.
The 1974 Trade Act provided a process for restoring most-favored-
nation status to those nations denied it. However, only a portion of
Cambodia was denied MFN at the time the 1974 Act was signed into law.
There is no clear legal authority for restoring MFN to the entire
nation under the processes established by the 1974 Trade Act. It cannot
be restored by reversing the action taken in 1975 through an Executive
order because Cambodia's non-MFN trading status was made law in the
1988 Trade Act.
In short, times have changed and so has Cambodia. The President wants
to grant MFN to Cambodia, but lacks the authority to do so.
The legislation I am introducing would give the President the
authority to grant Cambodia MFN status by bringing the entire country
under the restoration procedure of the 1974 Trade Act. Under these
procedures, Cambodia will have to demonstrate compliance with the
requirements of the Jackson-Vanik amendment, reach a bilateral
agreement with the United States, and have its status approved by the
Congress. The President may also waive the requirements of Jackson-
Vanik, as President Bush did in the case of China, and immediately upon
this legislation becoming law, extend MFN to Cambodia.
If this legislation passes, Cambodia would be eligible to receive MFN
by virtually the same process that all other non-MFN countries, except
the Baltics, have received it since the signing of the 1974 Trade Act.
Few peoples in modern history have suffered as much as the people of
Cambodia. The 4-year rule of the Khmer Rouge brought horrific human
suffering to Cambodia. Between 1 and 3 million people died at the hands
of the regime, by execution and excesses of a macabre totalitarianism.
Many thousands more died during the civil war which followed the 1978
Vietnamese invasion.
As a constant reminder of the country's recent violent past, land
mines have given Cambodia the highest percentage of amputees in the
world. Every month, hundreds of Cambodians are killed or maimed by
these silent assassins that lie just below the surface of every new
hope.
But despite a past that would make a nihilist of the most ardent
believer in reason and rights of man, the Cambodians continue to
entertain new hopes. Last summer, amid predictions that violence and a
low voter turnout would render elections in this unfortunate nation
meaningless, the people of Cambodia turned out in droves to cast their
ballots.
Their perseverance and budding faith in democracy should serve as a
model for often cynical and apathetic Western democracies. In the face
of a tragedy, the scale of which our Nation has not experienced since
our own Civil War, the Cambodian people turned to democracy to chart
their nation's course. Their faith is a blessing to a world struggling
to prove the proposition of representative government.
Cambodia's brighter future is a testament first and foremost to the
character of its people. Its success, however, has not been without
outside support. A carefully orchestrated international effort and
consistent United States policy since the 1991 Paris Peach Accords
helped bring Cambodia back from catastrophe.
To its credit, the administration has maintained the United States
commitment to Cambodia and demonstrated to its people that the United
States will stand by her during the challenges ahead. At a recent
meeting of the International Committee on the Reconstruction of
Cambodia, Secretary Christopher pledged $73 million in United States
assistance over the next 2 years and helped marshall $700 million over
the same period from other international donors. The administration has
also initiated discussions with the Cambodian Government to spell out
its obligations in case MFN is granted.
Totalitarianism, invasion and civil war have utterly destroyed the
economic infrastructure of Cambodia. While direct assistance will help
rebuild the nation, infrastructure projects are not ends in themselves.
The principal aim of any assistance must be the formation of capital
and sustained economic development. It is economic development, not the
eternal good will and generosity of the international community, that
will ultimately justify Cambodia's faith in democracy and free markets.
It is my hope that with proper improvements in its infrastructure,
giving Cambodia most-favored-nation status will help attract the
capital investment it needs.
Before concluding, I want to say just a word about reports that
senior Cambodian military officials have visited Pyongyang to solicit
training for Cambodian troops.
Cambodia's courageous efforts to rebuild their war torn country is
blessed by the admiration and sympathy of the Western world. Certainly,
my friend in Cambodia can find more appropriate allies to assist them
in securing their newly democratic nation. Before approving MFN, the
President should thoroughly investigate reports of North Korean
assistance and encourage Cambodia to break off any developing security
relationship with the tyrants in Pyongyang.
Mr. President, the future of Cambodia will be determined by the
Cambodian people. It will not be determined in Washington, New York, or
Tokyo, but by providing access to the largest market in the world, we
can help the people of Cambodia help themselves. I call on my
colleagues to move expeditiously in authorizing the President to extend
MFN for Cambodia.
______
By Mr. HATFIELD (for himself, Mr. Bingaman, Mr. Domenici, and Mr.
Cochran):
S. 2104. A bill to establish within the National Laboratories of the
Department of Energy a national Albert Einstein Distinguished Educator
Fellowship Program; to the Committee on Energy and Natural Resources.
albert einstein distinguished educator fellowship act of 1994
Mr. HATFIELD. Mr. President, whenever a great enterprise is
undertaken, whether it's a new business opportunity or a military
maneuver, good communication with those on the front line is essential
to waging a successful campaign. The same is true with education. We
are all aware of the need for reform of education in general, and the
subjects of math and science in particular. Many Federal departments
and agencies as well as the Congress have undertaken a variety of
efforts to better address that need. How well have we done? Could we
have done better? One of the reasons we cannot answer these questions
with complete confidence may lie in a recent report.
In January 1993, the Committee on Education and Human Resources of
the Federal Coordinating Council for Science, Engineering, and
Technology [FCCSET] implemented a 5-year strategic plan to improve
mathematics and science education. The first item on the agenda was the
appointment of an expert panel to conduct a review of Federal programs
involved in science, mathematics, engineering, and technology [SMET]
education and to assess Federal program evaluation efforts.
The panel found that numerous Federal agencies are sponsoring
positive reforms in these critical areas. Talented people at all levels
are bringing about beneficial change. But the panel also found an
appalling lack of coordination and collaboration within the agencies
and an equally alarming lack of program evaluation. According to the
report's concluding statement, ``It is time for a new culture of
interaction, communication, and coordination to be developed and
sustained within and among all the agencies in the area of education.
The bill that I introduce today, the Albert Einstein Distinguished
Educator Fellowship Act, will help address the problems identified in
this report, particularly coordination. Based on a program that already
has an extraordinary track record, both nationally and at home in my
State of Oregon, this bill will bring teachers into the Government as
active participants. Norma Paulus, the superintendent of public
instruction for the State of Oregon has shared her assessment of the
involvement of teachers in this way, ``We have found their enthusiasm
inspiring to the staff at the Department, and they certainly bring the
reality of the classroom into our policy discussions.''
Because of the value derived from the Oregon program, I introduced a
version of this bill in 1989 to determine whether the concept would be
as successful at the Federal level. For the last 4 years, outstanding
mathematics and science teachers have served constructively in various
congressional offices. The result has been increased understanding,
communication, and cooperation between the Federal Government and the
mathematics and science education community. Specifically, this program
has signaled educators about our interest in their views as we struggle
with reform legislation. Meaningful reform can only take place in the
classroom. We need experienced practitioners, footsoldiers from the
frontline, helping us assess the effects of Federal programs.
My legislation will involve 10 outstanding math and science teachers
for a 10-month academic year. The teachers will gain experience in the
national laboratories through the Department of Energy. They will then
use that experience to further the mission of the Department related to
improving math and science education. The many facets of the
Department's education program will benefit from the direct input of
teachers who will have a more complete picture of what can be offered
to teachers and students. Since elementary math and science education
is becoming more and more a focus for improvement, the bill does not
restrict participation to secondary teachers. Elementary teachers with
a math or science specialty will be encouraged to apply.
As I pointed out earlier, a pilot program has been in place for 4
years with remarkable success. I have been the beneficiary of the
program myself as two Oregon teachers have been participants. Steve
Boyarsky from Medford, OR, worked in the House Education and Labor
Committee in 1992 and Pat Canan from Corvallis served on my staff last
year. In addition, June Yamashita from Hawaii was a fellow in my office
in 1991. These remarkable teachers brought me a perspective that would
have been nearly impossible to obtain otherwise. And what hard workers
they were. Those of you who have not participated in the program have
missed a most enlightening opportunity. Not only did these fine
educators add a great deal of insight and expertise to my work, they
gained an impressive knowledge of the legislative process.
The Senate has supported the Einstein fellows concept in the past,
having passed a version of this bill twice. We have lent support from
the Senate contingency fund to partially finance these fellowships. It
is now time to put the program on a solid and predictable foundation,
which is why I seek an authorization through a Federal agency which has
a strong track record in math and science education improvement
efforts.
Support for this concept is widespread among education organizations.
The National Council for Teachers of Mathematics, the National Science
Teachers Association, and the Triangle Coalition for Science and
Technology Education have provided strong support for this legislation.
To keep the pilot program functioning during the years without
congressional legislation, the MacArthur Foundation, The Triangle
Coalition, the Department of Energy, the National Institutes of Health,
and NASA supplemented the funds provided by the Congress. What greater
testimony could there be to their commitment to this program?
The fellows that this bill places in the Department of Energy can
serve as a nucleus for the new culture of coordination called for in
the FCCSET report. Let us charge them with this new role. I felt the
program was significant 4 years ago. I now see it as vital to bring
about needed change.
An additional benefit of the program is the experience that the
fellows carry back to their school district. If we really believe that
it is important for our citizens to understand and appreciate the
processes of the Federal Government, what better way to accomplish this
understanding than by having teachers experience that process by
active, constructive participation?
The responsible roles these former fellows have assumed after their
tenure are varied and impressive. They are serving as resource
consultants for technological societies, members of numerous State task
forces on math-science education, spokesmen on needed reforms, and
advisory committee members to State departments of education. They make
themselves available to the staff with whom they worked for any
assistance they can provide. We continue to benefit from their service.
In conclusion, we need to keep in mind that one of our National Goals
for education as enacted in Goals 2000 is that our students will rank
first in the world in math and science achievement by the year 2000.
We're a long way from accomplishing that goal and we cannot afford
misdirections and false starts. Our efforts must be on a direct path.
Albert Einstein would be proud to have his name associated with this
bill for he always stressed the importance in any situation of
continuing to ask questions, hard questions. In the past, we sometimes
have been derelict in asking those hard questions of the right people.
These Einstein fellows will be invaluable advisors and consultants that
will help keep education reform on that direct path by helping with
both the right questions and better answers.
I urge the full support of my colleagues and ask unanimous consent
that the text of my legislation as well as various letters of support
be included in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2104
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albert Einstein
Distinguished Educator Fellowship Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Department of Energy has unique mathematics and
science capabilities within the National Laboratories;
(2) a need exists to increase understanding, communication,
and cooperation between the Department of Energy and the
mathematics and science community;
(3) the mathematics and science community includes a cadre
of nationally recognized outstanding elementary and secondary
school mathematics and science teachers; and
(4) a pilot program has confirmed the effectiveness of
outstanding elementary and secondary school mathematics and
science teachers serving in professional staff capacities in
the Federal Government.
SEC. 3. PURPOSE; DESIGNATION.
(a) Purpose.--It is the purpose of this Act to establish
within the National Laboratories a national fellowship
program for outstanding mathematics and science teachers who
have made a contribution to energy conservation.
(b) Designation.--A recipient of a fellowship under this
Act shall be known as a ``Department of Energy Albert
Einstein Fellow''.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``contractor'' means a nonprofit organization
selected by the Secretary to administer the fellowship
program authorized under this Act;
(2) the term ``National Laboratory'' means a National
Laboratory of the Department of Energy;
(3) the term ``outstanding'', used with respect to an
elementary or secondary school mathematics or science
teacher, means such a teacher who--
(A) has established an effective energy conservation
program; and
(B)(i) is a State or national winner of the Presidential
Award for Excellence in Mathematics and Science Teaching;
(ii) has participated in the Woodrow Wilson Fellowship
Program; or
(iii) has been a recipient of national or State recognition
comparable to the recognition described in clause (i) or
(ii); and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 5. FELLOWSHIP PROGRAM AUTHORIZED.
(a) In General.--
(1) In general.--(A) Except as provided in subparagraph
(B), the Secretary is authorized to establish the Department
of Energy Albert Einstein Distinguished Educator Fellowship
Program within the National Laboratories in order to provide
10 outstanding elementary or secondary school mathematics or
science teachers with fellowships within the National
Laboratories in each fiscal year in accordance with this Act.
(B) The Secretary may reduce the number of fellowships
awarded under this Act in any fiscal year if the amount
appropriated pursuant to the authority of section 7 for such
year is less than the amount authorized to be appropriated
pursuant to such authority for such year.
(2) Term of fellowships.--Fellowships under this Act shall
be awarded for a period of 10 months that, to the extent
possible, coincide with the academic year.
(b) Program Administration.--
(1) Contract.--The Secretary is authorized to enter into a
contract with a contractor to enable such contractor to
administer the Department of Energy Albert Einstein
Distinguished Educator Fellowship Program.
(2) Requirements.--The contractor shall provide for--
(A) development and administration of an application
process for the awarding of fellowships under this Act;
(B) publication of information regarding the fellowship
program in appropriate professional publications and inviting
applications from teachers listed in the directories of the
Presidential Awardees, the Woodrow Wilson Fellows, and other
national and State recognition programs;
(C) development and administration of an initial screening
process of applicants for the Department of Energy Albert
Einstein Fellowship Program to narrow the pool of such
applicants to 10 outstanding elementary and secondary school
mathematics teachers and 10 outstanding elementary and
secondary school science teachers;
(D) development of the process whereby final selections of
fellowship recipients are made in accordance with subsection
(d)(2);
(E) development of a program of orientation for fellowship
recipients under this Act;
(F) establishment and administration of a reporting and
evaluation program for each year fellowships are awarded
under this Act; and
(G) submission of an annual report and evaluation of the
fellowship program assisted under this Act to the Secretary
on August 31, 1995, and each year thereafter.
(c) Use of Funds.--
(1) In general.--The contractor shall only use funds under
this Act to provide for fellowship recipient salaries,
Federal insurance contributions under chapter 21 of the
Internal Revenue Code of 1986 with respect to such salaries,
administrative expenses (including information dissemination,
direct mailing, advertising, direct staff costs for
coordination and accounting services), expenses of conducting
an orientation program, relocation expenses, and the expenses
of conducting the final selection interviews described in
subsection (d)(1).
(2) Special rule.--The contractor may seek funding from
non-Federal sources to establish an account from which
fellowship recipients may be reimbursed for travel,
professional meetings, and other appropriate expenses.
(d) Selection.--
(1) In general.--The contractor shall invite the 20
semifinalists to Washington, D.C., to participate in
interviews after the initial screening process described in
subparagraph (C) of subsection (b)(2) is completed.
(2) Final selection.--The contractor shall provide for
developing and conducting a process whereby final selections
of fellowship recipients under this Act are made by the
Secretary or the Secretary's designee.
(e) Final Placement.--
(1) In general.--Each individual selected to receive a
fellowship pursuant to subsection (d) shall interview in
various National Laboratories.
(2) Date.--The final placement described in paragraph (1)
shall take place on or before the first day of the fellowship
period.
SEC. 6. FELLOWSHIP AWARDS.
Each recipient of a fellowship under this Act shall be paid
during the fellowship period at a rate of pay that shall not
exceed the minimum annual rate payable for a position under
GS-13 of the General Schedule.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $550,000 for fiscal
year 1995, and such sums as may be necessary for each of the
fiscal years 1996 through 2001, to carry out this Act.
____
Oregon Department of Education,
January 26, 1994.
Hon. Mark O. Hatfield,
U.S. Senator, Hart Office Building, Washington, DC.
Dear Senator Hatfield: Thank you for your efforts to create
a fellowship program for outstanding mathematics and science
teachers that draws attention to the critical need for
excellence in mathematics and science instruction,
particularly at the elementary and secondary level. I
wholeheartedly support the bill.
The Einstein Distinguished Educator Fellowship bill
provides an opportunity for ten distinguished teachers to
contribute their knowledge and skills to the work of the
federal government. The fellows would bring a fresh
perspective based on an intimate understanding of the world
of the classroom to their work as fellows.
As I reviewed the draft of the bill, I noted the similarity
between the proposed Einstein Fellows program and our own
Distinguished Oregon Educator program. The Oregon Educational
Act for the 21st Century calls for the Oregon Department of
Education to bring six outstanding teachers to Salem each
year to work with their educational colleagues across the
state to reform and restructure our schools. Because of those
outstanding educators' credibility with teachers in the
field, they are able to stimulate a fresh look at old
practices. We have found their enthusiasm inspiring to the
staff at the Department, and they certainly bring the reality
of the classroom into our policy discussions.
Our experience in Oregon has been so beneficial, I am
confident that a similar program at the federal level would
prove equally rewarding to the fellows and to staff.
Let me again express my enthusiasm for this proposal; if I
can help advance the bill, please let me know.
Sincerely,
Norma Paulus.
____
National Council of
Teachers of Mathematics,
February 8, 1994.
Hon. Mark O. Hatfield,
U.S. Senate, Washington, DC.
Dear Senator Hatfield: The National Council of Teachers of
Mathematics (NCTM), an organization with over 110,000 members
dedicated to improving mathematics education, supports the
goals and objectives of the Albert Einstein Outstanding
Educator Fellowship Act which will provide ten fellowships
for mathematics and science teachers from either the
elementary or secondary level. We believe that having
experienced classroom teachers serving as fellows in the
Congress, the Departments of Education and Energy, the
National Institutes of Health, the National Science
Foundation, the Office of Science and Technology Policy, and
the National Aeronautics and Space Administration, will
promote understanding and communication of mathematics and
science education. Mathematics and science teachers will be
able to provide others with first-hand knowledge and
experiences of teaching children and teenagers these
subjects.
We look forward to continuing to work with you and the
Congress to improve mathematics education.
Sincerely yours,
Richard Long Ed.D.,
Government Relations Specialist.
____
Triangle Coalition for Science and Technology Education,
February 9, 1994.
Hon. Mark O. Hatfield,
Hart Senate Office Building, Washington, DC.
Dear Senator Hatfield: The Coalition has followed with
great interest the development of your bill ``to establish a
national Albert Einstein Distinguished Educator Fellowship
Program for outstanding elementary and secondary mathematics
and science teachers.'' We understand that the bill is now
complete and that you will be introducing it soon to the
Senate.
Your bill has our strong endorsement. As you know we have
worked closely with the secondary school science and
mathematics teachers who have served as fellows in the
Congress during the past four years. The teachers presence on
the staffs of Members of Congress and of Congressional
committees has, we believe, provided fresh viewpoints to the
legislative process. Their experiences have certainly
broadened their knowledge of and interest in the legislative
process and made an outstanding contribution to education
legislation.
We have heard from most of the teachers after they have
returned to their schools following their fellowship periods.
They have all spoken enthusiastically about their experiences
and have told of their continued involvement in public
affairs.
We will be pleased to contribute whatever will be useful to
assure passage of the bill.
With best personal regards.
Sincerely,
John M. Fowler, Ph.D.,
Executive Director.
____
National Science
Teachers Association,
February 9, 1994.
Hon. Mark O. Hatfield,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Dear Senator Hatfield: At the recent National Science
Teachers Association (NSTA) Board of Directors' meeting a
motion was passed in which the Board unanimously supported
legislation in support of Einstein Fellowships.
NSTA has in the past supported Einstein Fellowships. Past
recipients have been very instrumental in participating in
the legislative process in congress. These Fellows have also
become very active within our association and others, in
involving and informing other educators about the legislative
process. It is our understanding that the new proposed
legislation expands the use of Eisenhower Fellows to several
government agencies. We at NSTA support this activity because
these agencies have demonstrated their active involvement in
science education.
We would be most willing to circulate information about the
Einstein Fellowships to our members through our publications.
Sincerely,
Gerry M. Madrazo,
President.
______
By Mrs. HUTCHISON:
S. 2105. A bill to amend the Immigration and Nationality Act and
other laws of the United States relating to border security, illegal
immigration, alien eligibility for Federal financial benefits and
services, criminal activity by aliens, alien smuggling, fraudulent
document use by aliens, asylum, terrorist aliens, and for other
purposes; to the Committee on the Judiciary.
illegal immigration control act of 1994
Mrs. HUTCHISON. Madam President, I send a bill to the desk and ask
unanimous consent for its referral to the committee of jurisdiction.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. HUTCHISON. Madam President, I rise today to introduce the
Illegal Immigration Control Act of 1994. This bill would reform
virtually every aspect of immigration law and would reduce the
staggering costs associated with illegal immigration which is currently
assumed by the American taxpayers.
A column appearing in the Washington Post last Friday reported that
today in Los Angeles, your home State, Madam President, illegal
immigrants and their children total nearly 1 million people. That is a
city of illegal immigrants the size of San Diego, the sixth largest
city in this country. Governor Wilson of California, who wrote the
article, provides a brief, but eye-opening, account of the Federal
Government's complete failure to control the flood of illegal
immigration and concludes by saying, ``We simply can't wait any longer.
We need immigration reform, and we need it now.''
Madam President, I agree.
That is why I am introducing this legislation today. It is a bill
that takes a comprehensive approach to dealing with a major, emerging
problem in our country.
Similar legislation, H.R. 3860, has been offered in the House by
Congressman Lamar Smith of Texas, who chaired the House Republican task
force on illegal immigration. This task force conducted research and
held hearings for nearly 8 months to create the bulk of the legislation
which I offer.
So I commend my colleague in the Texas delegation for his good work
and say that I hope to carry the ball over the goal line in the Senate.
Let me reemphasize at the outset that my legislation deals solely
with illegal immigration. While there is other legislation before the
Congress to address the whole spectrum of immigration, both legal and
illegal and, for example, would provide a 5-year breathing space by
reducing the number of legal immigrants admitted in our country through
the year 1999, and while a Gallup Poll reported last year that 65
percent of Americans believe that the number of legal immigrants should
be reduced and therefore may favor such legislation, my bill responds
to the far greater cry of American people who see our schools, our
hospitals, our social services, and our prisons overwhelmed by the
Federal Government's failure to control our borders.
This debate is not about generosity. America is undoubtedly the most
generous country in the world, admitting as many legal immigrants as
the rest of the world combined. This debate is about sovereignty. We
need not and should not apologize for strictly enforcing our
immigration laws.
America cannot continue, nor afford, to be a land of unlimited
opportunity for those who immigrate here in violation of our laws. In
order to prosper and determine its destiny, America must control its
borders. This legislation takes a major step in that direction.
Madam President, before I highlight some of the provisions of my
bill, let me give you a glimpse of the magnitude of the problem.
According to current but unofficial estimates of the U.S. Census
Bureau, there are 3.3 million illegal aliens in this country.
California is the home for 52 percent of that number.
The cost to California alone of providing federally mandated services
to illegal immigrants and their families is more than $3 billion a
year, something I am sure is well known to you, Madam President.
In my home State of Texas, there are over \1/2\ million illegal
aliens. One comprehensive study issued from Rice University estimated
the total net cost to the Texas taxpayer of providing federally
mandated services was $1.2 billion in 1992. That is $1.2 billion net of
the $235 million in estimated taxes paid by illegal immigrants in my
State.
This same study estimates that the total net cost to Texas taxpayers
for the next decade will be about $14.4 billion.
There are, of course, different opinions producing other estimates of
the economic costs of illegal immigration. The State of Texas puts the
net cost attributable to illegal aliens at closer to $200 million a
year.
A fair statement is it is probably somewhere between $200 million and
$1 billion a year.
Whatever the exact figure, there can be no doubt, and allow me to
borrow from the late Senator Everett Dirksen when I say that we are
talking real money here.
My opinion is we must first take back control of our borders. At the
same time, we must continue our assault on the illegal immigration
problem by attacking the magnets that draw illegal aliens to the United
States in the first place.
My legislation would achieve both objectives.
To regain control of our borders, this legislation restores important
deterrents to illegal entry and it would beef up physical barriers,
such as lighting and ditches at areas of high cross-border traffic.
More importantly, it would provide reinforcement to those already on
the front lines by increasing the number of Border Patrol stations by
6,000 over 5 years.
Our Border Patrol station in El Paso is a case study on how placing
more agents on the front line works. The credit belongs to ``Silver''
Reyes--the first Hispanic American to become a Border Patrol chief--who
took over the El Paso sector last July 4.
By September of that year, he was implementing his new strategy that
would prove so successful that it now serves as a basis of improvements
all along our border.
What Mr. Reyes did was not brilliant. But it took the genius of an
ordinary person--who had enough of the irreverence for our laws--to
make an observation and turn it into action.
What he did was simply move his agents up to the border. Before,
agents were not on the border, but engaged in hopelessly chasing
illegal aliens throughout the city.
Indications of his success: The number of illegal immigrants in El
Paso has gone down by 81 percent since the crackdown; the streets of El
Paso are virtually free of panhandlers, and crime in the city has been
reduced by 46 percent. Finally, most polls show that 95 percent of El
Pasoans approve of the action.
Madam President, the people want action.
Later this month, my colleague, Senator Simpson, from Wyoming, plans
to hold hearings on immigration reform. It is my desire to present
testimony at that hearing, and I think it would be wise for the
Immigration and Refugee Affairs Subcommittee to have Chief Reyes
present as well, so that we can get his insights and observations, and
perhaps the benefit of his success.
Putting more agents on the border alone, however, is not sufficient.
We must also address the magnets of easy availability of jobs and easy
access to Government benefits.
To this end, this legislation would prohibit most Government benefits
to illegal aliens. Only emergency medical care and the Supreme Court
mandated schooling for all children will still be allowed.
Madam President, these federally imposed mandates involving public
welfare for illegal immigrants must stop. Providing these services is
not only unfair to the millions of citizens who, as legal aliens, are
legally entitled to them, but they are costly to America in general--
costing taxpayers $8 billion in 1992--and to a handful of States in
particular.
These federally mandated costs are killing local and State
governments. For example, Maverick County--one of our border counties
containing the city of Eagle Pass, TX--pays approximately $3 million a
year in funds it does not have, to educate illegal immigrant children.
That would be troublesome enough. But the story gets worse.
As conveyed by Maverick County Judge Carpenter to my staff counsel,
many of these children cross the border in the morning to get their
schooling and return back across the border at the end of the day.
Other border communities can attest to witnessing the same thing.
This cannot be what the Federal Government intended its policy to be.
It simply defies reason.
The legislation also incorporates the language from a bill introduced
by Senator Graham of Florida--which I cosponsored--requiring the
Federal Government to take custody of criminal aliens who are
incarcerated in State or local correctional facilities or else pay for
the cost of incarceration.
Immigration control is purely a responsibility of the Federal
Government. If the Federal Government is going to provide incentives--
in the way of mandated benefits--for illegal aliens to come to the
United States, then it should foot the bill.
The legislation I am introducing today would also:
Expedite the exclusion of certain unqualified asylum claimants;
Streamline the asylum process;
Increase the penalties for smuggling illegal aliens;
Reduce Federal aid payments to sanctuary cities that have an official
policy of noncooperation with INS-Justice with respect to arrest and
detention of illegal aliens; and
Streamline the process of deporting the convicted criminal aliens who
make up 24 percent of the Federal prison population--and a staggering
41 percent in Texas.
Finally, Madam President, the legislation provides an alternative to
using the legislatively popular border-crossing fee to pay for a
significant portion of the bill.
I have consulted with many of the mayors and country judges along the
Texas-Mexico border and have decided that for now the preferable path
to take is to forego a border-crossing fee.
Therefore, the legislation I offer provides for a reduction in
overhead costs incurred in federally sponsored research at institutions
of higher learning. In short, my bill would limit the reimbursement
rate for a university to 50 percent for overhead--indirect costs
incurred for conducting R&D that the Government sponsors.
In closing, I reemphasize that America is the most generous country
in the world.
But the patience of the American people is dissipating with the
failed Federal policy that results in this country's porous borders.
The legislation I offer today will not be a cure-all, but it does
represent badly needed action.
Madam President, I send to the desk the bill and a section-by-section
summary of the bill and ask unanimous consent that they be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2105
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Immigration Control
Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INTERDICTION
Sec. 101. Physical barriers.
Sec. 102. Border patrol agents.
Sec. 103. Interior repatriation program.
Sec. 104. Detention facilities.
Sec. 105. Notice to service of port of entry arrivals.
TITLE II--ALIEN SMUGGLING
Sec. 201. Expanded forfeiture for smuggling or harboring illegal
aliens.
Sec. 202. Including alien smuggling as a racketeering activity for
purposes of racketeering influenced and corrupt
organizations (RICO) enforcement authority.
Sec. 203. Enhanced penalties for alien smuggling and for employers who
knowingly employ smuggled aliens.
Sec. 204. Wiretap authority for alien smuggling investigations.
TITLE III--INS INVESTIGATORS
Sec. 301. Immigration and Naturalization Service investigators.
TITLE IV--GOVERNMENT BENEFITS
Sec. 401. Prohibition of benefits for certain categories of aliens.
Sec. 402. Unemployment benefits.
Sec. 403. Housing benefits.
Sec. 404. Save system.
Sec. 405. Limitation on Federal financial assistance to localities that
refuse to cooperate in the arrest and deportation of
unlawful aliens.
Sec. 406. Uniform vital statistics.
TITLE V--CRIMINAL ALIENS
Sec. 501. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 502. Expansion in definition of ``aggravated felony''.
Sec. 503. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 504. Judicial deportation.
Sec. 505. Restricting defenses to deportation for certain criminal
aliens.
Sec. 506. Enhancing penalties for failing to depart, or reentering,
after final order of deportation.
Sec. 507. Miscellaneous and technical changes.
Sec. 508. Criminal alien tracking center.
Sec. 509. Prisoner transfer treaty study.
Sec. 510. Expediting criminal alien deportation and exclusion.
Sec. 511. Incarceration of or payment for criminal aliens by the
Federal Government.
TITLE VI--TERRORIST ALIENS
Sec. 601. Removal of alien terrorists.
Sec. 602. Membership in a terrorist organization as a basis for
exclusion from the United States under the Immigration
and Nationality Act.
TITLE VII--INSPECTIONS
Sec. 701. Preinspection at foreign airports.
Sec. 702. Training of airline personnel in detection of fraudulent
documents.
Sec. 703. Passport and visa offenses penalties improvement.
TITLE VIII--ASYLUM
Sec. 801. Inspection and exclusion by immigration officers.
Sec. 802. Asylum.
Sec. 803. Failure to appear for provisional asylum hearing; judicial
review.
Sec. 804. Conforming amendments.
Sec. 805. Effective dates.
TITLE IX--FUNDING
Sec. 901. Reduction in overhead costs incurred in federally sponsored
research.
TITLE I--INTERDICTION
SEC. 101. PHYSICAL BARRIERS.
The Attorney General, in consultation with the Commissioner
of the Immigration and Naturalization Service, shall take
action to install additional physical barriers at the United
States border to deter unauthorized crossings in areas of
high illegal entry into the United States. Such additional
barriers shall include barriers similar to those in use in
the San Diego, California, vicinity.
SEC. 102. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise authorized to
be appropriated, there is authorized to be appropriated for
each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for
salaries and expenses of the Border Patrol such amounts as
may be necessary to provide for an increase in the number of
agents of the Border Patrol by 6,000 full-time equivalent
agent positions (and necessary support personnel positions)
beyond the number of such positions authorized for the Border
Patrol as of October 1, 1993.
SEC. 103. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Attorney General and the Commissioner of the
Immigration and Naturalization Service shall develop and
implement a program in which aliens who previously have
illegally entered the United States not less than 3 times and
are deported or returned to a country contiguous to the
United States will be returned to locations not less than 500
kilometers from that country's border with the United States.
SEC. 104. DETENTION FACILITIES.
(a) Border Detention Facilities.--Not later than 180 days
after the date of enactment of this Act, the Attorney General
and the Commissioner of the Immigration and Naturalization
Service shall take appropriate action to increase the
capability of the Immigration and Naturalization Service to
detain individuals who have illegally entered the United
States at a border area.
(b) Transfer of Closed Military Bases for Federal Illegal
Alien Incarceration Facilities.--
(1) Priority availability to department of justice.--
Notwithstanding any other provision of law, a military
installation or facility of the Department of Defense to be
closed under a base closure law may be made available, as
determined by the Attorney General, to the Bureau of Prisons
of the Department of Justice for use as a facility for the
incarceration of aliens who are subject to exclusion or
deportation from the United States.
(2) Definition.--For purposes of this subsection, the term
``base closure law'' means each of the following:
(A) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(C) Section 2687 of title 10, United States Code.
(D) Any other similar law enacted after the date of the
enactment of this Act.
SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIVALS.
The Attorney General is authorized to require, by
regulation, not less than 24 hour advance notice to the
Immigration and Naturalization Service of the intention of
any vessel to arrive at any port of entry.
TITLE II--ALIEN SMUGGLING
SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING
ILLEGAL ALIENS.
(a) In General.--Paragraph (1) of section 274(b) of the
Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended
to read as follows:
``(1)(A) Except as provided in subparagraph (B), the
following property shall be subject to seizure and
forfeiture:
``(i) Any conveyance, including any vessel, vehicle, or
aircraft, which has been or is being used in the commission
of a violation of subsection (a).
``(ii) Any property, real or personal, which--
``(I) constitutes, or is derived from or traceable to, the
proceeds obtained directly or indirectly from the commission
of a violation of subsection (a), or
``(II) is used to facilitate, or is intended to be so used
in the commission of, a violation of subsection (a)(1)(A).
``(B)(i) No property used by any person as a common carrier
in the transaction of business as a common carrier shall be
forfeited under this section, unless the owner or other
person with lawful custody of the property was a consenting
party to or privy to the violation of subsection (a) or of
section 274A(a)(1) or 274A(a)(2).
``(ii) No property shall be forfeited under the provisions
of this section by reason of any act or omission established
by the owner to have been committed or omitted by a person
other than the owner while the property was unlawfully in the
possession of a person other than the owner in violation of
the criminal laws of the United States or of any State.
``(iii) No property shall be forfeited under the provisions
of this section to the extent of an interest of the owner, by
reason of any act or omission established by the owner to
have been committed or omitted without the knowledge,
consent, or willful disregard of the owner, unless the act or
omission was committed or omitted by an employee or agent of
the owner or other person with lawful custody of the property
with the intent of furthering the business interests of, or
to confer any other benefit upon, the owner or other person
with lawful custody of the property.''.
(b) Conforming Amendments.--Section 274(b) of such Act (8
U.S.C. 1324(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``conveyance'' and inserting ``property''
each place it appears, and
(B) by striking ``is being used in'' and inserting ``is
being used in, is facilitating, has facilitated, is
facilitating or was intended to facilitate''; and
(2) in paragraphs (4) and (5), by striking ``a
conveyance'', ``any conveyance'', and ``conveyance'' and
inserting ``property'' each place it appears.
SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEERING
ACTIVITY FOR PURPOSES OF RACKETEERING
INFLUENCED AND CORRUPT ORGANIZATIONS (RICO)
ENFORCEMENT AUTHORITY.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by striking ``or'' before ``(E) any act'', and
(2) by inserting before the period at the end the
following: ``, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and Nationality Act
(relating to alien smuggling)''.
SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING AND
FOR EMPLOYERS WHO KNOWINGLY EMPLOY SMUGGLED
ALIENS.
Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (C),
(2) by striking the comma at the end of subparagraph (D)
and inserting ``; or'',
(3) by inserting after subparagraph (D) the following:
``(E) contracts or agrees with another party for that party
to provide, for employment by the person or another, an alien
who is not authorized to be employed in the United States,
knowing that such party intends to cause such alien to be
brought into the United States in violation of the laws of
the United States,'', and
(4) by striking ``five years'' and inserting ``ten years''.
SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING
INVESTIGATIONS.
Section 2516(1) of title 18, United State Code, is
amended--
(1) in paragraph (c) by inserting after ``weapons),'' the
following: ``or a felony violation of section 1028 (relating
to production of false identification documentation), section
1542 (relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents),'';
(2) by striking out ``or'' after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as paragraphs (n),
(o), and (p), respectively; and
(3) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to alien
smuggling), of section 277 of the Immigration and Nationality
Act (8 U.S.C. 1327) (relating to the smuggling of aliens
convicted of aggravated felonies or of aliens subject to
exclusion on grounds of national security), or of section 278
of the Immigration and Nationality Act (8 U.S.C. 1328)
(relating to smuggling of aliens for the purpose of
prostitution or other immoral purpose);''.
TITLE III--INS INVESTIGATORS
SEC. 301. IMMIGRATION AND NATURALIZATION SERVICE
INVESTIGATORS.
In addition to such amounts as are otherwise authorized to
be appropriated, there is authorized to be appropriated for
each of the fiscal years 1995, 1996, 1997, 1998, and 1999 for
salaries and expenses of the Immigration and Naturalization
Service such amounts as may be necessary to provide for an
increase in the number of investigators of the Immigration
and Naturalization Service by 1,000 full-time equivalent
investigator positions (and such support personnel as are
necessary) beyond the number of such positions authorized as
of October 1, 1993.
TITLE IV--GOVERNMENT BENEFITS
SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CATEGORIES OF
ALIENS.
(a) Direct Federal Financial Benefits.--Subject to
subsection (b) and the Immigration and Nationality Act, and
notwithstanding any other provision of law, an alien not
lawfully within the United States as a permanent resident, a
refugee, an asylee, or a parolee is not eligible for any
direct Federal financial benefit or social insurance benefit
(whether through grant, loan, guarantee, or otherwise) as
such benefits are identified by the Attorney General in
consulation with other appropriate heads of the various
departments and agencies of the Federal Government.
(b) Emergency Medical Care.--Subsection (a) shall not apply
with respect to the Federal reimbursement of emergency
medical care for aliens, as determined by the Secretary of
Health and Human Services by regulation.
SEC. 402. UNEMPLOYMENT BENEFITS.
(a) Prohibition.--An alien who has not been granted
employment authorization pursuant to the Immigration and
Nationality Act or other Federal law shall be ineligible for
unemployment compensation under an unemployment compensation
law of a State or the United States.
(b) Condition of Eligibility.--An alien granted temporary
work authorization shall be eligible only for unemployment
compensation under an employment compensation law of a State
or the United States that accrued during such time as the
alien was authorized to work.
SEC. 403. HOUSING BENEFITS.
(a) Limitation.--Notwithstanding section 401 or any other
provision of law, no alien who is not a permanent resident, a
refugee, an asylee, or a parolee shall be eligible for
benefits under the following provisions of law:
(1) The program of rental assistance on behalf of low-
income families provided under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
(2) The program of assistance to public housing under title
I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.).
(3) The loan program under section 502 of the Housing Act
of 1949 (42 U.S.C. 1472).
(4) The program of interest reduction payments pursuant to
contracts entered into by the Secretary of Housing and Urban
Development under section 236 of the National Housing Act (12
U.S.C. 1715z-1).
(5) The program of loans for rental and cooperative housing
under section 515 of the Housing Act of 1949 (42 U.S.C.
1485).
(6) The program of rental assistance payments pursuant to
contracts entered into under section 521(a)(2)(A) of the
Housing Act of 1949 (42 U.S.C. 1490a(a)(2)(A)).
(7) The program of assistance payments on behalf of
homeowners under section 235 of the National Housing Act (12
U.S.C. 1715z).
(8) The program of rent supplement payments on behalf of
qualified tenants pursuant to contracts entered into under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s).
(9) The loan and grant programs under section 504 of the
Housing Act of 1949 (42 U.S.C. 1474) for repairs and
improvements to rural dwellings.
(10) The loan and assistance programs under sections 514
and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486) for
housing for farm labor.
(11) The program of grants for preservation and
rehabilitation of housing under section 533 of the Housing
Act of 1949 (42 U.S.C. 1490m).
(12) The program of grants and loans for mutual and self-
help housing and technical assistance under section 523 of
the Housing Act of 1949 (42 U.S.C. 1490c).
(13) The program of site loans under section 524 of the
Housing Act of 1949 (42 U.S.C. 1490d).
(b) Regulations.--Not later than January 1, 1995, the
Secretary of Housing and Urban Development shall issue final
regulations to carry out subsection (a).
SEC. 404. SAVE SYSTEM.
There are authorized to be appropriated for each of the
fiscal years 1995, 1996, 1997, 1998, and 1999 such sums as
may be necessary to carry out the purposes of the automated
SAVE system established under section 121 of the Immigration
Reform and Control Act of 1986 (Public Law 99-603).
SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO
LOCALITIES THAT REFUSE TO COOPERATE IN THE
ARREST AND DEPORTATION OF UNLAWFUL ALIENS.
Notwithstanding any other provision of law, Federal
financial assistance shall be reduced by 20 percent to any
local government on and after such date as the Attorney
General certifies that the local government has an official
policy of refusing to cooperate with officers or employees of
the Department of Justice (including the Immigration and
Naturalization Service) with respect to the arrest and
deportation of aliens who are not lawfully present within the
United States. Such reduction in assistance is not
reimbursable and shall continue for as long as the policy of
noncooperation remains in effect.
SEC. 406. UNIFORM VITAL STATISTICS.
(a) Pilot Program.--The Secretary of Health and Human
Services shall consult with the State agency responsible for
registration and certification of births and deaths and,
within 3 years of the date of enactment of this Act, shall
establish a pilot program for 3 of the 5 States with the
largest number of undocumented aliens of an electronic
network linking the vital statistics records of such States.
The network shall provide, where practical, for the matching
of deaths with births and shall enable the confirmation of
births and deaths of citizens of such States, or of aliens
within such States, by any Federal or State agency or
official in the performance of official duties. The Secretary
and participating State agencies shall institute measures to
achieve uniform and accurate reporting of vital statistics
into the pilot program network, to protect the integrity of
the registration and certification process, and to prevent
fraud against the Government and other persons through the
use of false birth or death certificates.
(b) Report.--Not later than 180 days after the
establishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with
recommendations on how the pilot program could effectively be
instituted as a national network for the United States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 1994 and for subsequent
fiscal years such sums as may be necessary to carry out this
section.
TITLE V--CRIMINAL ALIENS
SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL
PROBATION OR CRIMINAL PAROLE.
Section 263(a) of the Immigration and Nationality Act (8
U.S.C. 1303(a)) is amended by striking ``and (5)'' and
inserting ``(5) aliens who are or have been on criminal
probation or criminal parole pursuant to the laws of the
United States or of any State, and (6)''.
SEC. 502. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.
(a) Expansion in 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) any illicit trafficking in any controlled substance
(as defined in section 102 of the Controlled Substances Act),
including any drug trafficking crime as defined in section
924(c) of title 18, United States Code;
``(C) any illicit trafficking in any 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 title 18, United States Code;
``(D) any offense described in sections 1951 through 1963
of title 18, United States Code;
``(E) any offense described in--
``(i) subsections (h) or (i) of section 842, title 18,
United States Code, or subsection (d), (e), (f), (g), (h), or
(i) of section 844 of title 18, United States Code (relating
to explosive materials offenses),
``(ii) paragraph (1), (2), (3), (4), or (5) of section
922(g), or section 922(j), section 922(n), section 922(o),
section 922(p), section 922(r), section 924(b), or section
924(h) of title 18, United States Code (relating to firearms
offenses), or
``(iii) section 5861 of title 26, United States Code
(relating to firearms offenses);
``(F) any crime of violence (as defined in section 16 of
title 18, United States Code, not including a purely
political offense) for which the term of imprisonment imposed
(regardless of any suspension of such imprisonment) is at
least 5 years;
``(G) any theft offense (including receipt of stolen
property) or any burglary offense, where a sentence of 5
years imprisonment or more may be imposed;
``(H) any offense described in section 875, section 876,
section 877, or section 1202 of title 18, United States Code
(relating to the demand for or receipt of ransom);
``(I) any offense described in section 2251, section 2251A
or section 2252 of title 18, United States Code (relating to
child pornography);
``(J) any offense described in section 1084 of title 18,
United States Code, where a sentence of 5 years imprisonment
or more may be imposed;
``(K) any offense relating to commercial bribery,
counterfeiting, forgery or trafficking in vehicles whose
identification numbers have been altered, where a sentence of
5 years imprisonment or more may be imposed;
``(L) any offense--
``(i) relating to the owning, controlling, managing or
supervising of a prostitution business,
``(ii) described in section 2421 through 2424 of title 18,
United States Code, for commercial advantage, or
``(iii) described in sections 1581 through 1585, or section
1588, of title 18, United States Code (relating to peonage,
slavery, and involuntary servitude);
``(M) any offense relating to perjury or subornation of
perjury where a sentence of 5 years imprisonment or more may
be imposed;
``(N) any offense described in--
``(i) section 793 (relating to gathering or transmitting
national defense information), section 798 (relating to
disclosure of classified information), section 2153 (relating
to sabotage) or section 2381 or section 2382 (relating to
treason) of title 18, United States Code, or
``(ii) section 421 of title 50, United States Code
(relating to protecting the identity of undercover
intelligence agents);
``(O) any offense--
``(i) involving fraud or deceit where the loss to the
victim or victims exceeded $200,000; or
``(ii) described in section 7201 of title 26, United States
Code (relating to tax evasion), where the tax loss to the
Government exceeds $200,000;
``(P) any offense described in section 274(a)(1) of the
Immigration and Nationality Act (relating to alien smuggling)
for the purpose of commercial advantage;
``(Q) any violation of section 1546(a) of title 18, United
States Code (relating to document fraud), for the purpose of
commercial advantage; or
``(R) any offense relating to failing to appear before a
court pursuant to a court order to answer to or dispose of a
charge of a felony, where a sentence of 2 years or more may
be imposed;
or any attempt or conspiracy to commit any such act. Such
term applies to offenses described in this paragraph whether
in violation of Federal or State law and applies to such
offenses in violation of the laws 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 all convictions entered before, on, or after
the date of enactment of this Act.
SEC. 503. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS
WHO ARE NOT PERMANENT RESIDENTS.
(a) Technical and Conforming Changes.--Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is amended
as follows:
(1) In subsection (a)--
(A) by striking ``(a) In General.--'' and inserting ``(b)
Deportation of Permanent Resident Aliens.--(1) in general.--
''; and
(B) by inserting in the first sentence ``permanent
resident'' after ``correctional facilities for'';
(2) In subsection (b)--
(A) by striking ``(b) Implementation.--'' and inserting
``(2) implementation.--''; and
(B) by striking ``respect to an'' and inserting ``respect
to a permanent resident'';
(3) By striking out subsection (c);
(4) In subsection (d)--
(A) by striking ``(d) Expedited Proceedings.--(1)'' and
inserting ``(3) expedited proceedings.--(A)'';
(B) by inserting ``permanent resident'' after ``in the case
of any''; and
(C) by striking ``(2)'' and inserting ``(B)'';
(5) In subsection (e)--
(A) by striking ``(e) Review.--(1)'' and inserting ``(4)
review.--(A)'';
(B) by striking the second sentence; and
(C) by striking ``(2)'' and inserting ``(B)'';
(6) By inserting after the section heading the following
new subsection:
``(a) Presumption of Deportability.--An alien convicted of
an aggravated felony shall be conclusively presumed to be
deportable from the United States.''; and
(7) The heading of such section is amended to read as
follows:
``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED
FELONIES''.
(b) Elimination of Administrative Hearing for Certain
Criminal Aliens.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended by adding at the
end the following:
``(c) Deportation of Aliens Who Are Not Permanent
Residents.--
``(1) Notwithstanding section 242, and subject to paragraph
(5), the Attorney General may issue a final order of
deportation against any alien described in paragraph (2) whom
the Attorney General determines to be deportable under
section 241(a)(2)(A)(iii) (relating to conviction of an
aggravated felony).
``(2) An alien is described in this paragraph if the
alien--
``(A) was not lawfully admitted for permanent residence at
the time that proceedings under this section commenced, or
``(B) had permanent resident status on a conditional basis
(as described in section 216) at the time that proceedings
under this section commenced.
``(3) The Attorney General may delegate the authority in
this section to the Commissioner or to any District Director
of the Service.
``(4) No alien described in this section shall be eligible
for--
``(A) any relief from deportation that the Attorney General
may grant in his discretion, or
``(B) relief under section 243(h).
``(5) The Attorney General may not execute any order
described in paragraph (1) until 14 calendar days have passed
from the date that such order was issued, in order that the
alien has an opportunity to apply for judicial review under
section 106.''.
(c) Limited Judicial Review.--Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
(1) in the first sentence of subsection (a), by inserting
``or pursuant to section 242A'' after ``under section
242(b)'';
(2) in subsection (a)(1) and subsection (a)(3), by
inserting ``(including an alien described in section 242A)''
after ``aggravated felony''; and
(3) by adding at the end the following new subsection:
``(d) Notwithstanding subsection (c), a petition for review
or for habeas corpus on behalf of an alien described in
section 242A(c) may only challenge whether the alien is in
fact an alien described in such section, and no court shall
have jurisdiction to review any other issue.''.
(d) Effective Date.--The amendments made by this section
shall apply to all aliens against whom deportation
proceedings are initiated after the date of enactment of this
Act.
SEC. 504. JUDICIAL DEPORTATION.
(a) Judicial Deportation.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended by inserting
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)(iii) (relating to conviction of an aggravated
felony), if such an order has been requested prior to
sentencing by the United States Attorney with the concurrence
of the Commissioner.
``(2) Procedure.--
``(A) The United States Attorney shall provide notice of
intent to request judicial deportation promptly after the
entry in the record of an adjudication of guilt or guilty
plea. Such notice shall be provided to the court, to the
alien, and to the alien's counsel of record.
``(B) Notwithstanding section 242B, the United States
Attorney, with the concurrence of the Commissioner, shall
file at least 20 days prior to the date set for sentencing a
charge containing factual allegations regarding the alienage
of the defendant and satisfaction by the defendant of the
definition of aggravated felony.
``(C) If the court determines that the defendant has
presented substantial evidence to establish prima facie
eligibility for relief from deportation under section 212(c),
the Commissioner shall provide the court with a
recommendation and report regarding the alien's eligibility
for relief under such section. 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 by clear and convincing
evidence 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.
``(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 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 and Conforming Changes.--The ninth sentence
of section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by striking out ``The'' and
inserting in lieu thereof, ``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. 505. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN
CRIMINAL ALIENS.
(a) Defenses Based on Seven Years of Permanent Residence.--
The last sentence of section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) is amended by striking out
``has served for such felony or felonies'' and all that
follows through the period and inserting in lieu thereof
``has been sentenced for such felony or felonies to a term of
imprisonment of at least 5 years, provided that the time for
appealing such conviction or sentence has expired and the
sentence has become final.''.
(b) Defenses Based on Withholding of Deportation.--Section
243(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1253(h)(2)) is amended--
(1) by striking out the final sentence and inserting in
lieu thereof the following new subparagraph:
``(E) the alien has been convicted of an aggravated
felony.''; and
(2) by striking out the ``or'' at the end of subparagraph
(C) and inserting ``or'' at the end of subparagraph (D).
SEC. 506. ENHANCING PENALTIES FOR FAILING TO DEPART, OR
REENTERING, AFTER FINAL ORDER OF DEPORTATION.
(a) Failure to Depart.--Section 242(e) of the Immigration
and Nationality Act (8 U.S.C. 1252(e)) is amended--
(1) by striking out ``paragraph (2), (3), or 4 of'' the
first time it appears, and
(2) by striking out ``shall be imprisoned not more than ten
years'' and inserting in lieu thereof, ``shall be imprisoned
not more than two years, or shall be imprisoned not more than
ten years if the alien is a member of any of the classes
described in paragraph (2), (3), or (4) of section 241(a).''.
(b) Reentry.--Section 276(b) of the Immigration and
Nationality Act (8 U.S.C. 1326(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``commission of'' the following:
``three or more misdemeanors or'', and
(B) by striking out ``5'' and inserting in lieu thereof
``10'',
(2) in paragraph (2), by striking out ``15'' and inserting
in lieu thereof ``20'', and
(3) by adding at the end the following sentence:
``For the purposes of this subsection, the term
`deportation' shall include any agreement where an alien
stipulates to deportation during a criminal trial under
either Federal or State law.''.
(c) Collateral Attacks on Underlying Deportation Order.--
Section 276 of the Immigration and Nationality Act (8 U.S.C.
1326) is amended by inserting after subsection (b) the
following new subsection:
``(c) In any criminal proceeding under this section, no
alien may challenge the validity of the deportation order
described in subsection (a)(1) or subsection (b) unless the
alien demonstrates--
``(1) that the alien exhausted the administrative remedies
(if any) that may have been available to seek relief against
such order,
``(2) that the deportation proceedings at which such order
was issued improperly deprived the alien of the opportunity
for judicial review, and
``(3) that the entry of such order was fundamentally
unfair.''.
SEC. 507. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) Form of Deportation Hearings.--The second sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by inserting before the period the
following: ``; except that nothing in this subsection shall
preclude the Attorney General from authorizing proceedings by
electronic or telephonic media (with or without the consent
of the alien) or, where waived or agreed to by the parties,
in the absence of the alien.''.
(b) 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 right or benefit,
substantive or procedural, which is legally enforceable by
any party against the United States, its agencies, its
officers or any other person.
SEC. 508. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Commissioner of Immigration and
Naturalization, with the cooperation of the Director of the
Federal Bureau of Investigation and the heads of other
agencies, shall, under the authority of section 242(a)(3)(A)
of the Immigration and Nationality Act (8 U.S.C.
1252(a)(3)(A)), operate a criminal alien tracking center.
(b) Purpose.--The criminal alien tracking center shall be
used to assist Federal, State, and local law enforcement
agencies in identifying and locating aliens who may be
subject to deportation by reason of their conviction of
aggravated felonies.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000 for
fiscal year 1995 and $5,000,000 for each of the fiscal years
1996, 1997, 1998, and 1999.
SEC. 509. PRISONER TRANSFER TREATY STUDY.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Congress a report
that describes the use and effectiveness of the Prisoner
Transfer Treaty with Mexico to remove from the United States
aliens who have been convicted of crimes in the United
States.
(b) Use of Treaty.--The report under subsection (a) shall
include the following information:
(1) The number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have
been or are eligible for transfer pursuant to the Treaty.
(2) The number of aliens described in paragraph (1) who
have been transferred pursuant to the Treaty.
(3) The number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the Treaty.
(4) The number of aliens who are incarcerated in a penal
institution in the United States who are eligible for
transfer pursuant to the Treaty.
(5) The number of aliens described in paragraph (4) who are
incarcerated in State and local penal institutions.
(c) Effectiveness of Treaty.--The report under subsection
(a) shall include the recommendations of the Secretary of
State and the Attorney General to increase the effectiveness
and use of, and full compliance with, the Treaty. In
considering the recommendations under this subsection, the
Secretary and the Attorney General shall consult with such
State and local officials in areas disproportionately
impacted by aliens convicted of criminal offenses as the
Secretary and the Attorney General consider appropriate. Such
recommendations shall address the following areas:
(1) Changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed a criminal offense in the United
States.
(2)Changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense
in the United States.
(3) Changes in the Treaty that may be necessary to increase
the number of aliens convicted of crimes who may be
transferred pursuant to the Treaty.
(4) Methods for preventing the unlawful re-entry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
Treaty.
(5) Any recommendations of appropriate officials of the
Mexican Government on programs to achieve the goals of, and
ensure full compliance with, the Treaty.
(6) An assessment of whether the recommendations under this
subsection require the renegotiation of the Treaty.
(7) The additional funds required to implement each
recommendation under this subsection.
(d) Definition.--As used in this section, the term
``Prisoner Transfer Treaty with Mexico'' or ``Treaty'' refers
to the Treaty Between the United States of America and the
United Mexican States on the Execution of Penal Sentences,
done at Mexico City on November 25, 1976 (28 U.S.T. 7399).
SEC. 510. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) Convicted Defined.--Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following new subparagraph:
``(E) Convicted defined.--In this paragraph, the term
`convicted' means a judge or jury has found the alien guilty
or the alien has entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.''.
(b) Deportation of Convicted Aliens.--
(1) Immediate deportation.--Section 242(h) of such Act (8
U.S.C. 1252(h)) is amended--
(A) by striking ``(h) An alien'' and inserting ``(h)(1)
Subject to paragraph (2), an alien''; and
(B) by adding at the end the following new paragraph:
``(2) An alien sentenced to imprisonment may be deported
prior to the termination of such imprisonment by the release
of the alien from confinement, if the Service petitions the
appropriate court or other entity with authority concerning
the alien to release the alien into the custody of the
Service for execution of an order of deportation.''.
(2) Prohibition of reentry into the united states.--Section
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (G);
and
(B) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Aliens deported before serving minimum period of
confinement.--In addition to any other period of exclusion
which may apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum period of
confinement to which the alien was sentenced.''.
(c) Execution of Deportation Orders.--Section 242(i) of
such Act (8 U.S.C. 1252(i)) is amended by adding at the end
the following: ``An order of deportation may not be executed
until all direct appeals relating to the conviction which is
the basis of the deportation order have been exhausted.''.
SEC. 511. INCARCERATION OF OR PAYMENT FOR CRIMINAL ALIENS BY
THE FEDERAL GOVERNMENT.
(a) Definition.--In this section, the phrase ``criminal
alien who has been convicted of a felony and is incarcerated
in a State or local correctional facility'' means an alien
who--
(1)(A) is in the United States in violation of the
immigration laws; or
(B) is deportable or excludable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
(2) has been convicted of a felony under State or local law
and incarcerated in a correctional facility of the State or a
subdivision of the State.
(b) Federal Custody.--At the request of a State or
political subdivision of a State, the Attorney General
shall--
(1)(A) take custody of a criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility; and
(B) provide for the imprisonment of the criminal alien in a
Federal prison in accordance with the sentence of the State
court; or
(2) enter into a contractual arrangement with the State or
local government to compensate the State or local government
for incarcerating alien criminals for the duration of their
sentences.
TITLE VI--TERRORIST ALIENS
SEC. 601. REMOVAL OF ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting the following
new section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
subsection (c) of this section; and
``(5) the term `special removal hearing' means the hearing
described in subsection (e) of this section.
``(b) Application for Use of Procedures.--The provisions of
this section shall apply whenever the Attorney General
certifies under seal to the special court that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would
pose a risk to the national security of the United States
because such proceedings would disclose classified
information.
``(c) Special Court.--(1) The Chief Justice of the United
States shall publicly designate up to 7 judges from up to 7
United States judicial districts to hear and decide cases
arising under this section, in a manner consistent with the
designation of judges described in section 103(a) of the
Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)).
``(2) The Chief Justice may, in the Chief Justice's
discretion, designate the same judges under this section as
are designated pursuant to section 1803(a) of title 50,
United States Code.
``(d) Invocation of Special Court Procedure.--(1) When the
Attorney General makes the application described in
subsection (b), a single judge of the special court shall
consider the application in camera and ex parte.
``(2) The judge shall invoke the procedures of subsection
(e), if the judge determines that there is probable cause to
believe that--
``(A) the alien who is the subject of the application has
been correctly identified;
``(B) a deportation proceeding described in sections 242,
242A, or 242B would pose a risk to the national security of
the United States because such proceedings would disclose
classified information; and
``(C) the threat posed by the alien's physical presence is
immediate and involves the risk of death or serious bodily
harm.
``(e) Special Removal Hearing.--(1) Except as provided in
paragraph (4), the special removal hearing authorized by a
showing of probable cause described in subsection (d)(2)
shall be open to the public.
``(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien
financially unable to obtain counsel shall be entitled to
have counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
``(3) The alien shall have a right to introduce evidence on
his own behalf, and except as provided in paragraph (4),
shall have a right to cross-examine any witness or request
that the judge issue a subpoena for the presence of a named
witness.
``(4) The judge shall authorize the introduction in camera
and ex parte of any item of evidence for which the judge
determines that public disclosure would pose a risk to the
national security of the United States because it would
disclose classified information.
``(5) With respect to any evidence described in paragraph
(4), the judge shall cause to be delivered to the alien
either--
``(A)(i) the substitution for such evidence of a statement
admitting relevant facts that the specific evidence would
tend to prove, or (ii) the substitution for such evidence of
a summary of the specific evidence; or
``(B) if disclosure of even the substituted evidence
described in subparagraph (A) would create a substantial risk
of death or serious bodily harm to any person, a statement
informing the alien that no such summary is possible.
``(6) If the judge determines--
``(A) that the substituted evidence described in paragraph
(4)(B) will provide the alien with substantially the same
ability to make his defense as would disclosure of the
specific evidence, or
``(B) that disclosure of even the substituted evidence
described in paragraph (5)(A) would create a substantial risk
of death or serious bodily harm to any person,
then the determination of deportation (described in
subsection (f)) may be made pursuant to this section.
``(f) Determination of Deportation.--(1) If the
determination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as
described in section 241(a)(4)(B).
``(2) If the determination in subsection (e)(6)(B) has been
made, the judge shall, considering the evidence received (in
camera and otherwise), require that the alien be deported if
the Attorney General proves, by clear, convincing, and
unequivocal evidence, that the alien is subject to
deportation because he is an alien as described in section
241(a)(4)(B).
``(g) Appeals.--(1) The alien may appeal a determination
under subsection (f) to the Court of Appeals for the Federal
Circuit, by filing a notice of appeal with such court within
20 days of the determination under such subsection.
``(2)(A) The Attorney General may appeal a determination
under subsection (d), (e), or (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under any one of
such subsections.
``(B) When requested by the Attorney General, the entire
record of the proceeding under this section shall be
transmitted to the court of appeals under seal. If the
Attorney General is appealing a determination under
subsection (d) or (e), the court of appeals shall consider
such appeal in camera and ex parte.''.
(b) Conforming Amendment.--Section 1295(a) of title 28,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(15) of an appeal under section 242C(g) of the
Immigration and Nationality Act.''.
(c) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 242B the following new item:
``Sec. 242C. Removal of alien terrorists.''.
SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS
FOR EXCLUSION FROM THE UNITED STATES UNDER THE
IMMIGRATION AND NATIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)(II) by inserting ``or'' at the end;
(2) by adding after clause (i)(II) the following:
``(III) is a member of an organization that engages in, or
has engaged in, terrorist activity or who actively supports
or advocates terrorist activity,''; and
(3) by adding after clause (iii) the following:
``(iv) Terrorist organization defined.--As used in this
Act, the term `terrorist organization' means an organization
which commits terrorist activity as determined by the
Attorney General, in consultation with the Secretary of
State.''.
TITLE VII--INSPECTIONS
SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following new
section:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection
Stations.--(1) Subject to paragraph (4), not later than 2
years after the date of the enactment of this section, the
Attorney General, in consultation with the Secretary of
State, shall establish and maintain preinspection stations in
at least 5 of the foreign airports that are among the 10
foreign airports which the Attorney General identifies as
serving as last points of departure for the greatest numbers
of passengers who arrive from abroad by air at ports of entry
within the United States. Such preinspection stations shall
be in addition to any preinspection stations established
prior to the date of the enactment of this section.
``(2) Not later than November 1, 1994, and each subsequent
November 1, the Attorney General shall compile data
identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the
preceding fiscal years,
``(B) the number and nationality of such aliens arriving
from each such foreign airport, and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional
foreign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information as
may be available would most effectively reduce the number of
aliens who arrive from abroad by air at points of entry
within the United States without valid documentation. Such
preinspection stations shall be in addition to those
established prior to or pursuant to paragraph (1).
``(4) Prior to the establishment of a preinspection station
the Attorney General, in consultation with the Secretary of
State, shall ensure that--
``(A) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection,
``(B) such employees and their families will not be subject
to unreasonable risks to their welfare and safety, and
``(C) the country in which the preinspection station is to
be established maintains practices and procedures with
respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at
Geneva, July 28, 1951), or the Protocol Relating to the
Status of Refugees (done at New York, January 31, 1967).
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent
documents at foreign airports which, based on the records
maintained pursuant to subsection (a)(2), served as a point
of departure for a significant number of arrivals at United
States ports of entry without valid documentation, but where
no preinspection station exists.
``(c) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following new item:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF
FRAUDULENT DOCUMENTS.
(a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(1) in clause (iv), by inserting ``, including training of,
and technical assistance to, commercial airline personnel on
such detection'' after ``United States'', and
(2) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of the
total of the expenses incurred that are described in the
previous sentence.''.
(b) Compliance With Detection Regulations.--Section 212(f)
(8 U.S.C. 1182(f)) is amended by adding at the end the
following: ``Whenever the Attorney General finds that a
commercial airline has failed to comply with regulations of
the Attorney General relating to requirements of airlines for
the detection of fraudulent documents used by passengers
traveling to the United States (including the training of
personnel in such detection), the Attorney General may
suspend the entry of some or all aliens transported to the
United States by such airline.''.
(c) Effective Dates.--
(1) The amendments made by subsection (a) shall apply to
expenses incurred during or after fiscal year 1994.
(2) The Attorney General shall first issue, in proposed
form, regulations referred to in the second sentence of
section 212(f) of the Immigration and Nationality Act, as
added by the amendment made by subsection (b), by not later
than 90 days after the date of the enactment of this Act.
SEC. 703. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General.--Chapter 75 of title 18, United States
Code, is amended--
(1) in section 1541, by striking ``not more than $500 or
imprisoned not more than one year'' and inserting ``under
this title or imprisoned not more than 10 years'';
(2) in each of sections 1542, 1543, and 1544, by striking
``not more than $2,000 or imprisoned not more than five
years'' and inserting ``under this title or imprisoned not
more than 10 years'';
(3) in section 1545, by striking ``not more than $2,000 or
imprisoned not more than three years'' and inserting ``under
this title or imprisoned not more than 10 years'';
(4) in section 1546(a), by striking ``five years'' and
inserting ``10 years'';
(5) in section 1546(b), by striking ``in accordance with
this title, or imprisoned not more than two years'' and
inserting ``under this title or imprisoned not more than 10
years''; and
(6) by adding at the end the following:
``Sec. 1547. Alternative imprisonment maximum for certain
offenses
``Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for an
offense under this chapter (other than an offense under
section 1545)--
``(1) if committed to facilitate a drug trafficking crime
(as defined in 929(a) of this title) is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title) is 20
years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 75 of title 18, United States Code, is
amended by adding at the end the following new item:
``1547. Alternative imprisonment maximum for certain offenses.''.
(c) Asset Forfeiture.--Section 981(a)(1) of title 18,
United States Code, is amended by inserting after
subparagraph (F) the following:
``(G) Any property used in committing an offense under
section 1543 or 1546 of this title or for which the maximum
authorized imprisonment is set by section 1547 of this
title.''.
TITLE VIII--ASYLUM
SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) In General.--Section 235(b) (8 U.S.C. 1225(b)) is
amended to read as follows:
``(b) Inspection and Exclusion by Immigration Officers.--
``(1) An immigration officer shall inspect each alien who
is seeking entry to the United States.
``(2)(A) If the examining immigration officer determines
that an alien seeking entry--
``(i) does not present the documentation required (if any)
to obtain legal entry to the United States; and
``(ii) does not indicate either an intention to apply for
provisional asylum (under section 208) or a fear of
persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
``(B) The examining immigration officer shall refer for
immediate inspection at the port of entry by an asylum
officer under subparagraph (C) any alien who (i) does not
present the documentation required (if any) to obtain legal
entry to the United States, and (ii) has indicated an
intention to apply for provisional asylum or a fear of
persecution. Such an alien shall not be considered to have
been inspected and admitted for purposes of this Act.
``(C)(i) If an asylum officer determines that an alien has
a credible fear of persecution, the alien shall be entitled
to apply for provisional asylum under section 208.
``(ii)(I) Subject to subclause (II), if an asylum officer
determines that an alien does not have a credible fear of
persecution the officer shall order the alien excluded from
the United States without further hearing or review.
``(II) The Attorney General shall promulgate regulations to
provide for the immediate review by another asylum officer at
the port of entry of a decision under subclause (I).
``(iii) For the purposes of this subparagraph, the term
`credible fear of persecution' means (I) that it is more
probable than not that the statements made by the alien in
support of his or her claim are true, and (II) that there is
a significant possibility, in light of such statements and of
such other facts as are known to the officer that the alien
could establish eligibility for provisional asylum under
section 208.
``(iv) Notwithstanding any other provision of law, no court
shall have jurisdiction to review, except by petition for
habeas corpus, any determination made with respect to an
alien found excludable pursuant to this paragraph. In any
such case, review by habeas corpus shall be limited to
examination of whether the petitioner (I) is an alien, and
(II) was ordered excluded from the United States pursuant to
this paragraph.
``(v) Notwithstanding any other provision of law, no court
shall have jurisdiction (I) to review the procedures
established by the Attorney General for the determination of
exclusion pursuant to this paragraph, or (II) to enter
declaratory or injunctive relief with respect to the
implementation of this paragraph. Regardless of the nature of
the suit or claim, no court shall have jurisdiction except by
habeas corpus petition as provided in clause (iv) to consider
the validity of any adjudication or determination under this
paragraph or to provide declaratory or injunctive relief with
respect to the exclusion of any alien pursuant to this
paragraph.
``(vi) In any action brought for the assessment of
penalties for improper entry or re-entry of an alien under
section 275 or 276, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of
exclusion or deportation entered under sections 235, 236, and
242.
``(3)(A) Except as provided in subparagraph (B), if the
examining immigration officer determines that an alien
seeking entry is not clearly and beyond a doubt entitled to
enter, the alien shall be detained for a hearing before a
special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (2)(A) or 2(B),
or
``(iii) if the conditions described in section 273(d)
exist.
``(4) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to
challenge by any other immigration officer and such challenge
shall operate to take the alien, whose privilege to enter is
so challenged, before a special inquiry officer for a hearing
on exclusion of the alien.
``(5) An alien has not entered the United States for
purposes of this Act unless and until such alien has been
inspected and admitted by an immigration officer pursuant to
this subsection.
(b) Conforming Amendments.--Section 237(a) (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(2),
deportation''; and
(2) in the first sentence of paragraph (2), by striking
``If'' and inserting ``Subject to section 235(b)(2), if''.
SEC. 802. ASYLUM.
(a) In General.--Section 208 (8 U.S.C. 1158) is amended to
read as follows:
``SEC. 208. ASYLUM.-
(a) Provisional Asylum.--
``(1) Right to apply.--The Attorney General shall establish
a procedure for an alien physically present in the United
States or at a land border or port of entry, irrespective of
such alien's status, to apply for provisional asylum in
accordance with this section.
``(2) Conditions for granting.--
``(A) Mandatory cases.--The Attorney General shall grant
provisional asylum to an alien if the alien applies for
provisional asylum in accordance with the requirements of
this section and establishes that it is more likely than not
that in the alien's country of nationality (or, in the case
of a person having no nationality, the country in which such
alien last habitually resided) such alien's life or freedom
would be threatened on account of race, religion,
nationality, membership in a particular social group, or
political opinion.
``(B) Discretionary cases.--The Attorney General may grant
provisional asylum to an alien if the alien applies for
provisional asylum in accordance with the requirements of
this section and establishes that the alien is a refugee
within the meaning of section 101(a)(42).
``(C) Exceptions.--(i) Subparagraphs (A) and (B) shall not
apply to an alien if the Attorney General determines that--
``(I) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(II) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(III) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(IV) there are reasonable grounds for regarding the alien
as a danger to the security of the United States; or
``(V) a country willing to accept the alien has been
identified (other than the country described in subparagraph
(A)) to which the alien can be deported or returned and the
alien does not establish that it is more likely than not that
the alien's life or freedom would be threatened in such
country on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(ii)(I) For purposes of clause (i)(II), an alien who has
been convicted of an aggravated felony shall be considered to
have committed a particularly serious crime.
``(II) The Attorney General shall promulgate regulations
that specify additional crimes that will be considered to be
a crime described in clause (i)(II) or (i)(III).
``(III) The Attorney General shall promulgate regulations
establishing such additional limitations and conditions as
the Attorney General considers appropriate under which an
alien shall be ineligible to apply for provisional asylum
under subparagraph (B).
``(3) Provisional asylum status.--In the case of any alien
granted provisional asylum under paragraph (2)(A), the
Attorney General, in accordance with this section--
``(A) shall not deport or return the alien to the country
described under paragraph (2)(A);
``(B) shall authorize the alien to engage in employment in
the United States and provide the alien with an `employment
authorized' endorsement or other appropriate work permit; and
``(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
``(4) Termination.--Provisional asylum granted under
paragraph (2) may be terminated if the Attorney General,
pursuant to such regulations as the Attorney General may
prescribe, determines that--
``(A) the alien no longer meets the conditions described in
paragraph (2) owing to a change in circumstances in the
alien's country of nationality or, in the case of an alien
having no nationality, in the country in which the alien last
habitually resided;
``(B) the alien meets a condition described in paragraph
(2)(C); or
``(C) a country willing to accept the alien has been
identified (other than the country described in paragraph
(2)) to which the alien can be deported or returned and the
alien cannot establish that it is more likely than not that
the alien's life or freedom would be threatened in such
country on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(5) Acceptance by another country.--In the case of an
alien described in paragraph (2)(C)(i)(V) or paragraph
(4)(C), the alien's deportation or return shall be directed
by the Attorney General in the sole discretion of the
Attorney General, to any country which is willing to accept
the alien into its territory (other than the country
described in paragraph (2)(A)).
``(b) Provisional Asylum Applications.--
``(1) In general.--
``(A) Deadline.--Subject to subparagraph (B), an alien's
application for provisional asylum shall not be considered
under this section unless--
``(i) the alien has filed, not later than 30 days after
entering or coming to the United States, notice of intention
to file such an application, and
``(ii) such application is actually filed not later than 60
days after entering or coming to the United States.
``(B) Exception.--An application for provisional asylum may
be considered, not withstanding that the requirements of
subparagraph (A) have not been met, only if the alien
demonstrates by clear and convincing evidence changed
circumstances in the alien's country of nationality (or in
the case of an alien with no nationality, in the country
where the alien last habitually resided) affecting
eligibility for provisional asylum.
``(2) Requirements.--An application for provisional asylum
shall not be considered unless the alien submits to the
taking of fingerprints and a photograph in a manner
determined by the Attorney General.
``(3) Previous denial of asylum.--An application for
provisional asylum shall not be considered if the alien has
been denied asylum by a country in which the alien had access
to a full and fair procedure for determining his or her
asylum claim in accordance with a bilateral or multilateral
agreement between that country and the United States.
``(4) Fees.--In the discretion of the Attorney General, the
Attorney General may impose reasonable fees for the
consideration of an application for provisional asylum, for
employment authorization under this section, and for
adjustment of status under section 209(b). The Attorney
General is authorized to provide for the assessment and
payment of any such fee over a period of time or by
installments.
``(5) Employment.--An applicant for provisional asylum is
not entitled to engage in employment in the United States.
The Attorney General may authorize an alien who has filed an
application for provisional asylum to engage in employment in
the United States, in the discretion of the Attorney General.
``(6) Notice of consequences of frivolous applications.--At
the time of filing a notice of intention to apply for
provisional asylum, the alien shall be advised of the
consequences, under subsection (e), of filing a frivolous
application for provisional asylum.
``(c) Sanctions for Failure to Appear.--
``(1) Subject to paragraph (2), the application for
provisional asylum of an alien who does not appear for a
hearing on such application shall be summarily dismissed
unless the alien can show exceptional circumstances (as
defined in section 242B(f)(2)) as determined by an asylum
officer or immigration judge.
``(2) Paragraph (1) shall not apply if written and oral
notice were not provided to the alien of the time and place
at which the asylum hearing was to be held, and in the case
of any change or postponement in such time or place, written
and oral notice were provided to the alien of the new time or
place of the hearing.
``(d) Asylum.--
``(1) Adjustment of status.--Under such regulations as the
Attorney General may prescribe, the Attorney General shall
adjust to the status of an alien granted asylum the status of
any alien granted provisional asylum under subsection
(a)(2)(A) or (a)(2)(B) who--
``(A) applies for such adjustment;
``(B) has been physically present in the United States for
at least 1 year after being granted provisional asylum;
``(C) continues to be eligible for provisional asylum under
this section; and
``(D) is admissible under this Act at the time of
examination for adjustment of status under this subsection.
``(2) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(A), (B), (C), (D), or (E)) of
an alien whose status is adjusted to that of an alien granted
asylum under paragraph (a)(2) may be granted the same status
as the alien if accompanying, or following to join, such
alien.
``(3) Application fees.--The Attorney General may impose a
reasonable fee for the filing of an application for asylum
under this subsection.
``(e) Denial of Immigration Benefits for Frivolous
Applications.--
``(1) In general.--If the Attorney General determines that
an alien has made a frivolous application for provisional
asylum under this section and the alien has received the
notice under subsection (b)(5), the alien shall be
permanently ineligible for any benefits under this Act,
effective as of the date of a final determination on such
application.
``(2) Treatment of material misrepresentations.--For
purposes of this subsection, an application considered to be
`frivolous' includes, but is not limited to, an application
which contains a willful misrepresentation or concealment of
a material fact.''.
(b) Clerical Amendment.--The item in the table of contents
relating to section 208 is amended to read as follows:
``Sec. 208. Asylum.''.
SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM HEARING;
JUDICIAL REVIEW.
(a) Failure to Appear for Provisional Asylum Hearing.--
Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended--
(1) in the heading, by striking ``asylum'' and inserting
``provisional asylum'';
(2) by striking ``asylum'' each place it appears and
inserting ``provisional asylum''; and
(3) in subparagraph (A), by striking all after clause (iii)
and inserting ``shall not be eligible for any benefits under
this Act.''.
(b) Judicial Review.--Section 106 (8 U.S.C. 1105a) is
amended by adding at the end the following subsection:
``(d) The procedure prescribed by, and all the provisions
of chapter 158 of title 28, United States Code, shall apply
to, and shall be the sole and exclusive procedure for, the
judicial review of all final orders granting or denying
provisional asylum, except that--
``(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final order
granting or denying provisional asylum;
``(2) the venue of any petition for review under this
subsection shall be in the judicial circuit in which the
administrative proceedings were conducted in whole or in
part, or in the judicial circuit wherein is the residence, as
defined in this Act, of the petitioner, but not in more than
one circuit; and
``(3) notwithstanding any other provision of law, a
determination granting or denying provisional asylum based on
changed circumstances pursuant to section 208(b)(1)(A)(ii)
shall be in the sole discretion of the officer conducting the
administrative proceeding.''.
SEC. 804. CONFORMING AMENDMENTS.
(a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253)
is amended by striking subsection (h).
(b) Adjustment of Status.--Section 209(b) (8 U.S.C.
1159(b)) is amended--
(1) in paragraph (2) by striking ``one year'' and inserting
``2 years''; and
(2) by amending paragraph (3) to read as follows:
``(3) continues to be eligible for provisional asylum under
section 208,''.
(c) Aliens Ineligible for Temporary Protected Status.--
Section 244A(c)(2)(B)(ii) (8 U.S.C. 1254a(c)(2)(B)(ii)) is
amended by striking ``section 243(h)(2)'' and inserting
``section 208(a)(2)(C)''.
(d) Eligibility for Naturalization.--Section 316(f)(1) (8
U.S.C. 1427(f)(1)) is amended by striking ``subparagraphs (A)
through (D) of paragraph 243(h)(2)'' and inserting ``section
208(a)(2)(C).''.
(e) Family Unity.--Section 301(e) of the Immigration Act of
1990 (Public Law 101-649) is amended by striking ``section
243(h)(2)'' and inserting ``section 208(a)(2)(C).''.
SEC. 805. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided, the
amendments made by this title shall take effect on the date
of the enactment of this Act.
(b) Exceptions.--
(1) The amendments made by this title shall not apply to
applications for asylum or withholding of deportation made
before the first day of the first month that begins more than
180 days after the date of the enactment of this Act and no
application for provisional asylum under section 208 of the
Immigration and Nationality Act (as amended by section 801 of
this title) shall be considered before such first day.
(2) In applying section 208(b)(1)(A) of the Immigration and
Nationality Act (as amended by this title) in the case of an
alien who has entered or came to the United States before the
first day described in paragraph (1), notwithstanding the
deadlines specified in such section--
(A) the deadline for the filing of a notice of intention to
file an application for provisional asylum is 30 days after
such first day, and
(B) the deadline for the filing of the application for
provisional asylum is 30 days after the date of filing such
notice.
(3) The amendments made by section 803(b) (relating to
adjustment of status) shall not apply to aliens granted
asylum under section 208 of the Immigration and Nationality
Act, as in effect before the date of the enactment of this
Act.
TITLE IX--FUNDING
SEC. 901. REDUCTION IN OVERHEAD COSTS INCURRED IN FEDERALLY
SPONSORED RESEARCH.
(a) Limitation.--Notwithstanding any other law, on and
after the date of the enactment of this Act, each head of a
Federal agency making a grant to, or entering into a contract
with, an institution of higher education for research and
development, shall--
(1) reduce the overhead payment rate used to pay for
indirect costs related to such research and development to a
rate not to exceed 50 percent of the modified total direct
costs that are incurred by such institution for such research
and development; and
(2) return the amount saved as a result of paragraph (1) to
the general fund of the Treasury.
(b) CBO Scoring.--The Congressional Budget Office estimates
that the reduction in overhead payments for federally funded
university research required by this section will produce
savings of $1,240,000,000 over the 5-year period beginning
October 1, 1994, and ending September 30, 1999.
(c) Definitions.--For the purpose of this section--
(1) the term ``indirect costs'' means administrative costs
and the costs of library and student services, building and
equipment, and operations and maintenance;
(2) the term ``institution of higher education'' has the
meaning stated in section 1201(a) of the Higher Education Act
of 1965 (20 U.S.C. 1141(a));
(3) the term ``Federal agency'' means a department, agency,
or instrumentality of the Federal Government (including an
executive agency (as defined in section 105 of title 5,
United States Code)); and
(4) the term ``modified total direct costs'' means the
costs of--
(A) salaries and wages;
(B) fringe benefits;
(C) materials, supplies, services and travel; and
(D) awarding a subgrant to, or entering into a subcontract
for, not more than $25,000.
Section-by-Section Summary of the Illegal Immigration Control Act of
1994
title I--interdiction
Section 101--Physical barriers
This section will require the Immigration and
Naturalization Service to install additional structures
(fences, ditches, etc.) at the border to deter unauthorized
crossings of high illegal entry.
Section 102--Border Patrol agents
There is authorized to be appropriated for each of the
fiscal years 1995-1999 for salaries and expenses of the
Border Patrol such amounts as may be necessary to provide for
an increase in the number of Border Patrol agents by 6,000
full-time equivalent agent positions and the necessary
support personnel.
Section 103--Interior Repatriation Program
To deter the ``revolving door'' of re-entries by those just
deported to a border area, this section requires that illegal
entrants (who have entered the country illegally at least 3
prior times) from Canada or Mexico be repatriated to the
interior of their countries.
Section 104--Dentention facilities
Increase the detention capacity at the border, thus
allowing increased detention of illegal crossers rather than
releasing them into the community. Additional structures may
be built or abandoned military bases may be used for this
purpose.
Section 105--Notice to Service to port of entry arrivals
Require that 24 hour notice be given to the INS by ships of
their arrival so as to permit inspection (this notice is
already given to Customs).
title II--alien smuggling
Section 201--Expanded forfeiture for smuggling or harboring
illegal aliens
Expand the INS's current seizure and forfeiture authority
of conveyances used in the smuggling or harboring of illegal
aliens to include seizure and forfeiture of all property in
such cases.
Section 202--Including alien smuggling as a racketeering
activity for purposes of racketeering influenced and
corrupt organizations (RICO) enforcement authority
Includes alien smuggling as a racketeering activity for
purposes of RICO enforcement authority.
Section 203--Enhanced penalties for certain alien smuggling
and for employers who knowingly employ smuggled aliens
Enhanced penalties for any person who knowingly contracts
or agrees with another party for that party to provide for
employment of an illegal alien and also provides for fines
and up to 10 years imprisonment.
Section 204--Wiretap authority for alien smuggling
investigations
Provides federal wiretap authority to aid in the criminal
investigation of alien smuggling and of fraud related to the
misuse of visas, permits and other travel documents.
title iii--immigration and naturalization service investigators
Section 302--INS investigators
There is authorized to be appropriated for each of fiscal
years 1995-1999 for salaries and expenses such amounts as may
be necessary to provide for an increase in the number of INS
investigators by 1,000 full-time equivalent positions and the
necessary support personnel; (such as detention and
deportation personnel).
title iv--government benefits
Section 401--Prohibit benefits for certain categories of
aliens
This section prohibits federally funded welfare benefits,
with the exception of emergency medical care, for aliens
other than those lawfully admitted as permanent residents,
refugees, asylees or parolees.
Section 402--Unemployment benefits
Specifically denies unemployment compensation to aliens who
have not been granted employment authorization pursuant to
the INA.
Section 403--Housing benefits
Legislates HUD guidelines to prevent subsidized housing
from going to aliens other than those admitted as permanent
residents, asylees, or parolees.
Section 404--SAVE system
Authorizes an increase in automated SAVE (Systematic Alien
Verification of Entitlement) system which is used to verify
the immigration status of aliens applying for benefits.
Section 405--Limitation on Federal financial assistance to
localities that refuse to cooperate in the arrest and
deportation of unlawful aliens
This section reduces by 20% federal aid to ``sanctuary
cities'' that have an official policy not to cooperate with
the INS or Department of Justice with respect to the arrest
and detention of illegal aliens.
Section 406--Uniform vital statistics
Establishes pilot program (3 of 5 states that have the
largest numbers of illegal immigrants) a database of birth
and death records to prevent fraud against the government
through the use of false birth or death certificates. This
will greatly reduce fraud in the ``breeder'' documents that
people use to get fake cards.
title v--criminal aliens
Section 501--Authorizing registration of aliens on criminal
probation or criminal parole
Authorizes the registration with the INS of aliens on
criminal probation or criminal parole. This is intended to
help INS keep track of deportable criminal aliens.
Section 502--Expansion in definition of ``aggravated felony''
Expands definition of ``aggravated felony'' for purposes of
the Immigration and Nationality Act (INA). Under this
definition, aggravated felonies include the current offenses
(murder, drug trafficking, trafficking in firearms or
explosives, money laundering, and violent crimes for which
the sentence is over 5 years) plus the following: firearms
violations, failure to appear before a court to answer a
felony charge, demanding or receiving ransom money, unlawful
conduct relating to RICO, immigration-related offenses
including alien smuggling and sale of fraudulent documents,
child pornography, owning or operating a prostitution
business, treason, and tax evasion exceeding $200,000.
Section 503--Deportation procedures for certain criminal
aliens who are not permanent residents
Provides for prompt deportation of any alien who is not a
permanent resident alien and whom the Attorney General
determines is deportable and has been convicted of an
aggravated felony. A final order of deportation could be
issued during such alien's imprisonment and executed upon the
alien's release.
Eliminates the following procedures for non-permanent
resident criminal aliens: (1) administrative hearing before
an immigration judge, (2) administrative review of the Board
of Immigration Appeals of the immigration judge's
determination, (3) availability of current grounds of
relief from deportation, and (4) federal court review of
the Attorney General's deportation on any grounds other
than whether the person sought to be deported is an alien
and whether the alien has in fact been convicted of an
aggravated felony. The alien has 14 days to seek federal
court review before final deportation.
The expedited deportation proceedings currently included in
the section 242A and applicable to all aliens would be
limited to permanent resident aliens. Current section 242A
language allows for the institution of deportation
proceedings while the alien is incarcerated, with the intent
of completing the process so that the alien can be deported
upon his or her release.
Section 504--Judicial deportation
Allow federal trial courts to issue an order of deportation
during the sentencing phase of the criminal trial of an alien
convicting of an aggravated felony. This section applies to
all criminal aliens, including permanent residents.
Such an order must have been requested by the U.S. Attorney
with concurrence of the INS Commissioner. Notice of intent to
seek a judicial order of deportation must be given promptly
after an adjudication of guilt plea. The government would
still be responsible for showing that the defendant is an
alien subject to deportation and that the crime the alien has
been convicted of meets the definition of an ``aggravated
felony;'' a charge containing factual allegations on these
two matters must be filed at least 20 days prior to the
sentencing date.
Judicial deportation would replace current administrative
deportation procedures in those cases where it is sought.
Aliens found deportable under this process would continue to
have the right to appeal their deportation to the appropriate
federal circuit court of appeals.
Judicial deportation would not be required in every
criminal trial of an aggravated felon alien, and the Attorney
General would retain his or her right to seek an
administrative determination of deportability if the federal
court denies a motion for judicial deportation.
Section 505--Restricting defense to deportation for certain
criminal aliens
Restricts defenses to deportation for criminal aliens
convicted of aggravated felonies. As a result of amendments
made by this section, the only defense to deportation for
aggravated felon aliens would be for permanent resident
aliens who have lived in the U.S. in such status for at least
seven years and who have been sentenced to less than five
years imprisonment for such felony.
Currently, a permanent resident alien is ineligible for
relief under section 212(c) (for permanent resident aliens
who have lived in the U.S. for seven consecutive years) if he
or she has served five or more years for one or more
aggravated felonies. This section would amend the language to
make aliens who have been sentenced to five or more years
ineligible for section 212(c) relief.
This standard is more relevant to judging the seriousness
of an offense since dangerous criminals are at times released
prematurely due to prison overcrowding or other reasons
unrelated to the seriousness of the crime. Moreover, the
current standard presents a serious logistical obstacle to
the speedy commencement of deportation proceeding since it
may be unknown until five years have been served whether the
alien would be able to seek relief under section 212(c)
This section also makes it clear that aggravated felons may
not request or be granted withholding of deportation under
section 243(h). The Immigration Act of 1990 unambiguously
denied aggravated felon's ability to request a hearing on
eligibility for withholding of deportation was not addressed.
Although the Executive Office for Immigration Review has
determined that no hearing is possible in such cases,
litigation on this issue is likely.
This section does not affect the Attorney General's
authority to designate a country other than that of the
alien's nationality for deportation. It is consistent with
the intent of the UN protocol Relating to the Status of
Refugees to permit denial of withholding of deportation in
cases of persons convicted of a ``particularly serious
crime.''
Section 506--Enhanced penalties for failing to depart, or
reentering, after final order of deportation
Currently, an alien who is deportable for criminal
offenses, document fraud, or security risk is subject to
criminal penalties of up to 10 years of imprisonment for
failure to depart. However, there are no penalties for aliens
deportable for other reasons who fail to depart. Subsection
(a) retains the current 10 year penalty and provides for
criminal penalties of up to 2 years imprisonment for aliens
who are issued deportation orders on other grounds and who
fail to depart.
Subsection (b) increases the penalties for criminal aliens
who reenter the U.S. after being formally deported.
Currently, an alien convicted of a felony other than an
aggravated felony who re-enters is subject to 5 years in
prison and a criminal fine; this subsection extends the
penalties to aliens convicted of three or more misdemeanors
and increases the maximum prison sentence to 10 years.
Aggravated felons who re-enter the U.S. currently are subject
to criminal fines and up to 15 years in prison; this
subsection increases the maximum prison sentence to 20 years.
Language also is added to make it clear that any alien
who stipulates to deportation during a criminal trial
shall be considered to have been formally deported.
Subjection (c) would allow a court in a criminal proceeding
against a deported alien who re-enters the U.S. to re-examine
the underlying deportation order only if the alien
demonstrates (1) that he/she exhausted available
administrative remedies, (2) that the deportation proceedings
improperly deprive the alien of the opportunity for judicial
review, and (3) that the entry of order of deportation was
``fundamentally unfair.'' This language taken from United
States v. Mendoza-Lopez, 481 U.S. 828 (1987), is intended to
ensure that minimum due process was followed in the original
deportation proceeding while preventing wholesale, time
consuming attacks on underlying deportation orders.
Section 507--Miscellaneous and technical changes
Responds to two holdings of the 9th Circuit. Subsection (a)
makes it clear that deportation proceedings may be conducted
telephonically, where waived or agreed to by the parties, in
the absence of the alien.
Subsection (b) makes it clear that nothing in this Act
(directing the AG to begin deportation proceedings as quickly
as possible after a conviction) shall be construed to create
a legally enforceable right or benefit.
Section 508--Criminal alien tracking center
Utilize a criminal alien tracking center that can assist
Federal, state and local law enforcement agencies to track
aliens who may be subject to deportation by reason of their
conviction of aggravated felonies through their prison
sentences and afterwards until they are deported.
Section 509--Prison transfer treaty study
Require the Attorney General and the Secretary of State to
report on the use and effectiveness of the Prisoner Transfer
Treaty with Mexico, to remove from the U.S. aliens who have
been convicted of crimes in the U.S.
Section 510--Expediting criminal alien deportation and
exclusion
This Section will allow the deportation of a criminal
alien, in certain cases, prior to completion of his/her
sentence if the INS petitions the appropriate court or
authority to release the alien to the Service in order to
execute an order of deportation. If the alien returns to the
U.S. he will have to serve the remainder of his sentence and
serve additional time for immigration violations.
Section 511--Incarceration of or payment for criminal aliens
by the Federal Government
This section requires the Federal government to take
custody of criminal aliens who are incarcerated in state or
local correctional facilities or else contract with the state
or local government to pay for the cost of incarceration.
Title VI--Terrorist aliens
Section 601--Removal of alien terrorists
In deporting alien terrorists, this section establishes the
use of special court procedures when a deportation proceeding
would pose a risk to the national security of the U.S.
because such proceedings would disclose classified
information. In addition to permitting the use of classified
information, this section also addresses appeals procedures
in such cases.
Section 602--Membership in a terrorist organization as a
basis for exclusion from the U.S. under the Immigration
and Nationality Act
The section provides that membership in a terrorist
organization is sufficient cause for exclusion.
Title VIII--Inspections
Section 701--Preinspection at foreign airports
Preinspection both combats illegal immigration by
preventing undocumented aliens from reaching U.S. soil and
reduces delays at domestic airports. This section provides
for INS to establish preinspection stations at 5 of the 10
most heavily trafficked foreign airports within 2 years of
this bill's enactment and to establish another 5 in 4 years.
This section requires that before establishing a
preinspection station, the Attorney General shall ensure that
U.S. employees at the station and their families will receive
protection and will not be subject to safety risks, and that
the country in which the station is established maintains
practices and procedures in accordance with the 1951
Convention Relating to the Status of Refugees.
Section 702--Training of airline personnel in detection of
fraudulent documents
Airline Personnel at foreign airports must examine a
passenger's travel documents before the passenger boards the
airplane. However, many aliens are boarding airplanes headed
for the U.S. by using fraudulent documents, indicating that
airline personnel are not receiving adequate training to
detect such documents.
This section requires INS to use at least 5% of the money
in the Inspections Fee Account in order to train airline
personnel in the detection of fraudulent documents. If an
airline fails to participate in INS training programs
regarding the detection of fraudulent documents, the Attorney
General may suspend the airline's landing rights.
Section 703--Passport and visa offenses penalties
Modify the penalties for certain passport and visa related
fraud.
title viii--asylum
Section 801--Inspection and exclusion by immigration officers
Aliens seeking to immigrate to the United States are
increasingly using commercial international flights to
circumvent U.S. immigration laws. The number of aliens
arriving at U.S. airports with either fraudulent or no
documents has grown explosively in recent years. Most
arrivals are paroled into the community with instructions to
report several months in the future for a hearing before an
immigration judge. Many of these individuals do not show up
for their hearing and simply disappear.
Expedited Exclusion
This section rewrites sec. 235(b) of the INA, which governs
inspection and exclusion, and provides for an expedited
exclusion procedures for aliens who (1) arrive either at
ports of entry or elsewhere in the U.S., (2) do not have
proper documentation, and (3) do not have a credible claim of
persecution.
Under this provision, if the examining immigration officer
determines that an alien seeking entry to the U.S. does not
present the documentation required to obtain entry to the
U.S. and doesn't indicate a fear of persecution, the officer
may exclude the alien without further hearing or review.
If an alien does not have the proper documentation required
for entry but indicates a fear of persecution, the examining
officer must refer the alien to an INS asylum officer at the
port of entry. Then, if the asylum officer determines the
alien has a credible fear of persecution, the alien is
entitled to apply for provisional asylum. If the asylum
officer determines that an alien does not have a credible
fear of persecution, the officer can order the alien excluded
from the United States, subject to immediate supervisory
review.
Credible fear of persecution is defined as a significant
possibility that the alien could establish eligibility for
provisional asylum and that it is more probable than not the
statements made in support of the alien's claim are true.
The only type of judicial review authorized for an alien
found excludable under the expedited exclusion provision is a
petition for habeas corpus. Such habeas corpus review is
limited to determining whether the petitioner is an alien and
whether the petition was ordered excluded under the expedited
exclusion procedures.
Exclusion and Deportation
Section 801 also changes the procedures by which some
aliens are removed from the country. Currently, aliens who
are apprehended at a port of entry are entitled to an
exclusion hearing. However, aliens who have ``entered'' the
U.S., including aliens who have entered the U.S. illegally,
are entitled to the more cumbersome procedures of
deportation. Thus, it is considerably more difficult to
remove aliens who succeed in entering the U.S. than those who
are apprehended at a port of entry.
This section provides that an alien has not ``entered'' the
United States for purposes of the INA unless the alien has
been inspected and admitted by an immigration officer, but
who has been physically present in the U.S. for a continuous
period for 1 year, will be considered to have entered the
U.S. and will be removable through deportation procedures.
Section 802--Asylum
Currently, adjudication of an asylum claim through the
various administrative and judicial levels is extremely time
consuming. Underserving applicants have taken advantage of
the present backlogs (over 300,000 pending asylum cases) and
unnecessary levels of review and appeal to delay for years
and years the resolution of their cases.
This section rewrites sec. 208 of the INA, involving
asylum, to revamp and streamline the asylum process.
Qualifications
Under current law, an alien who fears persecution can apply
for asylum under sec. 243(h) of the INA, or in many
circumstances, both. To be granted asylum, an alien must
prove that the alien has a ``well-founded fear'' of being
persecuted, whereas to be granted withholding an alien must
prove that his or her life or freedom ``would be threatened''
by persecution. The courts have interpreted ``would be
threatened'' to mean ``more likely than not'' and well
founded fear'' to mean ``good reason to fear'' a burden of
proof that is not as great as more likely than not. A grant
to asylum is discretionary with the Attorney General. A grant
of withholding of deportation is mandatory if the applicant
meets the requirements of sec. 243(h).
Under the new sec. 208 an alien who fears persecution would
be allowed to apply for only one form of relief, provisional
asylum.
The section retains the existing burdens of proof in that
(1) the Attorney General is required to grant provisional
asylum to an alien who establishes that it is ``more likely
than not'' that the alien would be persecuted in his or her
home country and (2) the Attorney General is given the
discretion to grant provisional asylum to an alien who
establishes a ``good reason to fear'' persecution.
Reflecting current practice, the Attorney General may not
grant provisional asylum to an alien who participated in
persecution, has been convicted of a particularly serious
crime, or is a danger to U.S. security. The Attorney General
is directed to promulgate regulations specifying additional
limits making aliens ineligible for discretionary provisional
asylum. An alien is also not entitled to provisional asylum
if the A.G. determines there is another country to which the
alien can be sent where the alien will not be persecuted.
The Attorney General is authorized to terminate provisional
asylum status for an alien who is no longer subject to
persecution because of changed circumstances in the alien's
home country. Status may also be terminated if it is
discovered the alien was ineligible for provisional asylum,
or if a country has been identified to which the alien can be
sent where the alien will not be persecuted.
The section also requires an applicant to submit to being
fingerprinted and photographed in order to ensure a means of
identifying applicants and to determine which applicants fail
to appear for hearings.
Deadlines for Applications
Currently there are no deadlines by which asylum
applications must be filed. An alien who has been in the U.S.
illegally for years may claim asylum at any time. This allows
aliens to use asylum as a defense to deportation.
This subsection establishes deadlines for provisional
asylum applications. An alien is required to file a notice of
intent to file a provisional asylum application within 30
days after arriving in the U.S. The application itself must
be filed within 60 days. An applicant who misses the
deadlines is allowed to apply only if he or she can show that
circumstances changed in the home country after the deadline
expired.
Applications for asylum will not be considered for persons
previously denied asylum in countries that utilized a full
and fair procedure as dictated in multilateral agreements
between that country and the U.S.
Reasonable fees may be charged for these applications and
employment authorization will only be granted at the
discretion of the Attorney General rather than automatically
upon application. Applications will also be dismissed if
an alien does not appear for this hearing, unless he can
show exceptional circumstances.
Adjustment of Status
This Section also allows aliens who have been granted
provisional asylum to receive full asylum status. To do so an
alien must be present in the U.S. in provisional asylum
status for one year, continue to be eligible for provisional
asylum, not be firmly resettled in any other country, and be
admissible for adjustment under the same status. After being
in asylum status for one year, the alien and the alien's
spouse and children can adjust to permanent resident status.
The Attorney General may charge a reasonable fee for the
filing of an asylum application.
Frivolous Applications
Under this provision, any alien who received notice of the
consequences of filing a frivolous provisional asylum
application and who files such application will not be
eligible in the future for any immigration benefits under the
INA. Applications which contain willful and material
misrepresentations will be considered frivolous.
Section 803--Failure to appear for asylum hearing; judicial
review
Under this section, an alien who was given proper notice
and fails to appear for a provisional asylum hearing will not
be eligible in the future for any immigration benefit under
the INA.
This section also provides that judicial review of
provisional asylum cases will be heard by the appropriate
Federal Court of Appeals. A determination granted or denying
provisional asylum on the basis of a claim of changed
circumstances will be in the sole discretion of the Attorney
General.
Section 804--Conforming amendments
This section contains conforming amendments to the INA.
Section 805--Effective dates
Most amendments made by Title VIII would take effect on the
date of enactment of the act. Some effective dates are after
enactment of this act in order to allow INS time to prepare
for the changes.
Section 901--Reduction in overhead costs incurred in
federally sponsored research
Provides for a reduction in overhead costs incurred in
federally sponsored research by limiting the reimbursement
rate for a university to 50% for overhead/indirect costs
incurred for conducting R&D that the government sponsors. CBO
estimates this will produce savings of $1.24 billion dollars
over the 5 year period FY 1995 through FY 1999.
______
By Mr. CRAIG (for himself, Mr. Domenici, Mr. DeConcini, Mr.
Wallop, Mr. Bennett, Mr. Bingaman, Mr. Burns, Mr. Hatch, Mr.
Kempthorne, Mr. Murkowski, Mr. Pressler, Mr. Simpson, and Mr.
Stevens):
S. 2106. A bill to establish a fee schedule for users of
communications sites on public lands, and for other purposes; to the
Committee on Energy and Natural Resources.
the equitable communication site fee act of 1994
Mr. CRAIG. Madam President, thousands of broadcast towers,
translators, microwave relay stations, and other telecommunications
facilities licensed by the Federal Communications Commission are
located on Federal sites across the United States. They provide a vital
public service to our local communities, particularly those in the
rural West, where communication outlets are few and cable television is
often not available.
Yet this important communications link is in danger of being broken
if the Congress does not resolve the problem of determining an
equitable fee increase for the use of communications sites on Federal
lands.
I'm pleased to report that Senators Domenici, DeConcini, Wallop, and
I are introducing legislation based on the Congress' own Radio and
Television Broadcast Use Advisory Committee report: the Equitable
Communication Site Fee Act of 1994. We are joined in introducing the
bill today by Senators Bennett, Bingaman, Burns, Hatch, Kempthorne,
Murkowski, Pressler, Simpson, and Stevens.
As many of my colleagues know, over the years, the BLM and Forest
Service have put forward a number of proposals to increase
communication site fees--sometimes as much as 1,500 percent. Both
broadcasters and nonbroadcasters agree that some increase in these fees
is justified, but an increase along the lines proposed by these
agencies would have shut down many operations. It's for that reason the
Appropriations Committee has repeatedly approved moratoriums stopping
those proposals.
In an attempt to find a more equitable fee increase, the Congress
included a provision in the 1992 Interior appropriations bill,
establishing an advisory committee consisting of representatives from
industry, BLM, and the Forest Service. After studying the issue, the
advisory committee issued a report containing the elements necessary to
finally resolve this ongoing problem. The report included proposed fee
increases ranging from approximately 200 to 900 percent. Although these
are dramatic increases, they were based on a methodology that took into
account the market in which the user operates, and therefore reflect
fair market value.
The bill we are introducing today would implement the advisory
committee's recommendations. It would also address modifications for
nonbroadcast users, based on the same methodology used for the
broadcasters. I'm happy to note that broadcasters and nonbroadcasters
are supportive of these recommendations and willing to pay the higher
fees.
Madam President, we must not continue wasting Federal resources by
postponing this decision year after year. The Equitable Communication
Site Fee Act would resolve this issue fairly and reasonably. I hope my
colleagues agree and will support the bill with their cosponsorship and
their vote.
This is to establish a fair and equitable formula for those
communications sites and towers very critically important to the
communications and broadcast system of the Rocky Mountain States and
your State of California, and others, that there is now an equitable
process for determining annualized fees for both the public and private
sector in their need to stake out high ground for the purpose of
communication.
Madam President, let me conclude my introducing legislation today
better known as the Equitable Communications and Site Fee Act of 1994.
Madam President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2106
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Communication Site
Fee Act of 1994''.
SEC. 2. RADIO AND TELEVISION USE FEE.
The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) is amended--
(1) by redesignating sections 510 and 511 as sections 511
and 512, respectively; and
(2) by inserting after section 509, the following new
section 510:
``SEC. 510. USE FEES FOR USERS OF COMMUNICATIONS SITES ON
PUBLIC LANDS.
``(a) Definitions.--For the purposes of this section--
``(1) the term `ADI TV households' means the area of
dominant influence for television, an exclusive geographic
area based on measurable television viewing patterns, as
described in section 73.3555(e)(3)(i) of title 47, Code of
Federal Regulations, or any succeeding regulation;
``(2) the term `commercial mobile radio communications
site' means a multipurpose communications site that is--
``(A) operated for profit;
``(B) operated by a site owner, manager, or permittee who
leases space to a variety of users, including individuals and
businesses of all sizes, for the purpose of providing--
``(i) land mobile radio communications services;
``(ii) paging services;
``(iii) cellular telephone services;
``(iv) private or commercial mobile services;
``(v) radio or television broadcasting services;
``(vi) microwave transmissions; and
``(vii) satellite receiver stations; and other related and
compatible users and services; and
``(C) is located on a site managed by either the United
States Forest Service or the Bureau of Land Management under
the terms of a lease, permit, or right-of-way;
``(3) the term `FM translator station' means a station in
the broadcast service operated for the purpose of
retransmitting the signals of an FM radio broadcast station
or another FM broadcast translator station without
significantly altering any characteristic of the incoming
signal other than its frequency and amplitude, for the
purpose of providing FM broadcast service to the general
public;
``(4) the term `holder' means an individual, partnership,
corporation, association, or other business entity, and any
Federal, State, or governmental entity that has applied for,
and received, a site use authorization;
``(5) the term `MSA population' means the metropolitan
market survey area for radio in an exclusive geographic area
based on measurable listening patterns;
``(6) the term `private radio communication site' means a
communications site that--
``(A) is operated by an entity to provide internal
telecommunications capabilities;
``(B) is operated by an individual, industry, or other
entity with private telecommunications service requirements;
``(C) provides land mobile, aeronautical, maritime,
microwave, or satellite radio services; and
``(D) is located on a site managed by either the National
Forest Service or the Bureau of Land Management under the
terms of a lease, permit, or right-of-way;
``(7) the term `radio broadcast communications site' means
a site on which is located a commercial broadcast station
that--
``(A) is licensed for the dissemination of aural
communications intended to be received by the general public;
``(B) is operated on a channel in either--
``(i) the AM broadcast band of frequencies, which extends
from 535 to 1705 kHz; or
``(ii) the FM broadcast band, which extends from 88 to 108
MHz;
``(C) is located on a site managed by either the United
States Forest Service or the Bureau of Land Management under
the terms of a lease, permit, or right-of-way; and
``(D) does not include the operation of--
``(i) FM translators;
``(ii) FM boosters;
``(iii) AM synchronous transmitters; or
``(iv) passive repeaters that operate pursuant to part 74
of title 47, Code of Federal Regulations, or succeeding
regulation;
``(8) the term `Secretaries' means the Secretary of
Agriculture and the Secretary of the Interior;
``(9) the term `site use authorization' means a permit,
term permit, lease, easement, or right-of-way that authorizes
occupancy, use, rights, or privileges on public land for the
transmission or reception of radio, television, telephone,
telegraph, and other electronic signals and other means of
communication;
``(10) the term `television broadcast communications site'
means a site on which is located a commercial broadcast
station that--
``(A) is licensed for the transmission of simultaneous
visual and aural signals intended to be received by the
general public;
``(B) is operated on a channel in the television broadcast
band, which extends from 54 to 806 MHz;
``(C) is located on a site managed by either the United
States Forest Service or the Bureau of Land Management under
the terms of a lease, permit, or right-of-way; and
``(D) does not include the operation of--
``(i) low power television stations;
``(ii) UHF or VHF television translator stations; or
``(iii) passive repeaters that operate pursuant to part 74
of title 47, Code of Federal Regulations, or succeeding
regulation; and
``(11) the term `television translator station' means a
station in the broadcast service operated on a VHF or UHF
channel for the purpose of retransmitting the programs and
signals of a television broadcast station, without
significantly altering any characteristic of the original
signal other than its frequency and amplitude, for the
purpose of providing television reception to the general
public.
``(b) Broadcast Communications Sites.--
``(1) Establishment of fee.--The Secretary of Agriculture,
with respect to National Forest System land administered by
the Forest Service, and the Secretary of the Interior, with
respect to public lands administered by the Bureau of Land
Management, shall establish and collect an annual fee for the
use of radio and television communications sites and
commercial mobile radio communications sites located on
public lands in accordance with the following fee schedules:
``(A) Television and radio broadcast communications
sites.--
``Television Rental Fee Schedule
------------------------------------------------------------------------
``ADI TV Households (Rank) Rental Fee
------------------------------------------------------------------------
1-10 $42,000
------------------------------------------------------------------------
11-30 21,000
------------------------------------------------------------------------
31-70 10,500
------------------------------------------------------------------------
71-120 5,250
------------------------------------------------------------------------
121-210 2,625
------------------------------------------------------------------------
Non-ADI 2,500.
------------------------------------------------------------------------
``Radio Rental Fee Schedule
------------------------------------------------------------------------
``MSA Population (Rank) Radio Rental Fee
------------------------------------------------------------------------
1-10 $29,400
------------------------------------------------------------------------
11-30 14,700
------------------------------------------------------------------------
31-90 7,350
------------------------------------------------------------------------
91-160 3,675
------------------------------------------------------------------------
161-261 1,838
------------------------------------------------------------------------
Unrated 1,500.
------------------------------------------------------------------------
``(B) Commercial mobile radio communications sites.--
``Nonbroadcast Fee Schedule
------------------------------------------------------------------------
``Population Served Rental Fee
------------------------------------------------------------------------
1,000,000+ $12,000
------------------------------------------------------------------------
500,000-999,999 5,000
------------------------------------------------------------------------
250,000-499,999 3,500
------------------------------------------------------------------------
150,000-249,999 2,000
------------------------------------------------------------------------
75,000-149,999 1,000
------------------------------------------------------------------------
30,000-74,999 500
------------------------------------------------------------------------
29,999 and fewer 300.
------------------------------------------------------------------------
``(2) Annual review.--The fees established under this
section shall be reviewed annually by the Forest Service and
the Bureau of Land Management.
``(3) Adjustment.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the fee established under this section shall be adjusted
annually to reflect changes in the Consumer Price Index
published by the Department of Labor.
``(B) Limitations.--
``(i) The fee charged for a television or radio broadcast
communications site for any given year shall not increase
less than 3 percent or more than 5 percent of the fee charged
to the holder in the preceding year.
``(ii) The fee charged for a commercial mobile radio
communications site for any given year shall not increase
less than 1 percent or more than 3 percent of the fee charged
to the holder in the preceding year.
``(C) Notice.--Not later than 60 days before the effective
date of an adjustment under this paragraph, the Secretaries
shall transmit to Congress notice of such adjustment.
``(4) Limitation on fee.--During the first year in which
the schedule established pursuant to paragraph (1) is in
effect, if the amount of the fee charged for a holder
pursuant to the schedule is--
``(A) greater than the amount that the holder paid for the
use of the site on January 1, 1993, plus $1,000, the holder
shall pay an amount equal to the sum of--
``(i) the amount the holder paid for the use of the site on
January 1, 1993; and
``(ii) $1,000; or
``(B) less than the amount the holder paid for the use of
the site on January 1, 1993, the holder shall pay the greater
amount until such time as the fee charged under the schedule
equals or exceeds the amount charged on January 1, 1993.
``(5) Additional users.--In the case of a television or
radio communications site--
``(A) if a holder is permitted under the terms of the site
use authorization to grant access to the site to users other
than the holder, the Secretary concerned shall charge an
annual fee in an amount equal to 25 percent of the gross
income the holder receives from additional users during each
year;
``(B) each site use authorization shall require the holder
to provide to the Secretary concerned a certified list
identifying all additional users of the site and gross
revenues received from each additional user; and
``(C) additional users shall not be required to obtain
separate authorization to use the site.
``(6) Translator stations.--The Secretary of the Interior,
with respect to public lands administered by each of its
internal bureaus, including the Bureau of Land Management,
shall establish and collect an annual fee for the use of
television translator stations and FM translator stations
located on public lands, in accordance with the regulations
governing the collection of such fees on National Forest
System land administered by the National Forest Service of
the Department of Agriculture.
``(7) Regulations.--The Secretaries shall promulgate and
implement appropriate regulations to carry out this section.
The regulations shall implement consistent policies and
procedures between the Department of Agriculture and the
Department of the Interior.
``(8) Advisory groups.--
``(A) Establishment.--Not later than 10 years after the
date of enactment of this section, the Secretaries shall
establish a broad-based advisory group for each of--
``(i) the television and radio broadcast industries; and
``(ii) the commercial mobile radio industry.
``(B) Members.--The members of each advisory group shall
include representatives from the relevant communications
industries.
``(C) Duties.--The advisory groups shall review the fee
schedule and other criteria for determining fair market value
for the use of communications sites on public land.
``(D) Report.--Not later than 1 year after the date on
which the advisory groups are established under this
paragraph, the advisory groups shall report their findings to
Congress.
``(c) Advisory Committee for Private Radio Communications
Site Users.--
``(1) Establishment.--The Chief Forester of the National
Forest Service and the Director of the Bureau of Land
Management shall jointly establish a broad-based advisory
committee. The advisory committee shall be comprised of an
equal number of representatives from--
``(A) private radio communications site users from public
and private communications sites;
``(B) the National Forest Service; and
``(C) the Bureau of Land Management.
``(2) Duties.--The advisory committee shall--
``(A) review recommendations for acceptable criteria for
determining fair market values and next best alternative
uses;
``(B) review existing methodology for determining fair
market value and next best alternative uses;
``(C) assess the validity of the methodology, taking into
account all reasonable alternatives; and
``(D) evaluate and recommend appropriate fee waivers or
discounts for public services by communications site users
who provide for the public convenience, interest, and
necessity, as required for licensing under the Communications
Act of 1934.
``(3) Report.--Not later than 8 months after the date of
enactment of the Equitable Communication Site Fee Act of
1994, the advisory committee shall report its finding to the
Committees on Appropriations of the Senate and the House of
Representatives.''.
Mr. DeCONCINI. Madam President, I rise today to join Senator Craig,
and others in sponsoring the Equitable Communications Site Fee Act of
1994. I commend the distinguished Senator from Idaho for his diligence
in developing and introducing this very important legislation. For over
8 years, Congress and the Federal agencies have been working to resolve
the issue of what constitutes fair market value for communication sites
on public lands administered by the Bureau of Land Management and the
Forest Service.
In 1992, the Appropriations Committee established an 11 member
advisory committee to study this important issue and make
recommendations. This committee was appointed jointly by the
Secretaries of Agriculture and Interior and represented a broad
spectrum of experts from Government agencies, private industry, an
appraiser, and representatives from the BLM and the Forest Service. The
report was finalized in December 1992. The advisory committee made a
number of valuable recommendations to implement a fee structure that
would reasonably increase communication site fees on public lands. Our
bill would implement the recommended fee structure contained in the
advisory committee's report.
Over the past 4 years, the administration has moved to increase the
fees charged to broadcast and non-broadcast users of communication
sites to reflect fair market value. Fair market value appraisals
developed by the Forest Service proposed increases as high as 2,650
percent over current rates. Rate increases of this magnitude would
drive many users of these sites out of the markets they serve, rural
areas in particular. Moratoriums in the Interior Appropriations bill
have prevented these huge rate increases, but this process is costing
the Federal Government money every year.
Both broadcasters and non-broadcasters are willing to pay higher fees
and are supportive of this bill. The bill provides limitations to the
amount that fees can be adjusted during the first year for which the
fee schedule is established. It also provides for annual adjustments to
the fees based on changes in the Consumer Price Index with appropriate
adjustment limitations for any given year. This will allow broadcasters
and non-broadcasters to adapt to the new fee schedules in an orderly
manner and minimize the impact to their operations.
Madam President, I urge my colleagues to support the Equitable
Communication Site Fee Act of 1994, to raise communication site fees
and resolve this longstanding problem.
Mr. BURNS. Madam President, I am pleased to cosponsor with my good
friend and colleague Senator Larry Craig and others, legislation to set
fair broadcasting user fees on Federal lands.
As a former broadcaster and member of the Senate who takes a
personal, active interest in national communications policy, I know
first-hand how rural communities in Western States heavily rely upon
local radio and television broadcasting service.
Broadcasting service is not merely entertainment. More importantly
and critically, its local news, weather, public service, farming and
ranching news, high school sports events, and so forth--all provided
free to the public and vital to a community's proper functioning.
The best sites for broadcasting transmitters in Western States
dominated by mountainous terrain are mountain tops which often are on
Federal lands.
Mountain transmission ensures that broadcast signals have clear
reception. Broadcasters, in most cases, have no other choice but to
build their towers on mountains in order to reach and serve their
community of license.
These mountains are owned primarily by the Federal Government and
managed either by the U.S. Forest Service or the BLM. At the same time,
these sites are good for little other than broadcast towers or sheep
grazing.
All sides recognize that increases in rental fees for these Federal
sites are appropriate. But the agencies need to balance fair return for
these rentals with a recognition of the vital, free public service
provided by the broadcast site lessors.
That fairness and balance has been lacking to date in the proposed
unfair, unjustifiably high increases by agencies. That is why Congress
has blocked these increases for 5 years in a row, and why Congress
established an advisory group to develop recommendations for a fair
resolution of this issue.
This bill simply codifies into law the recommendations of the
advisory group which appears to me to be fair, reasonable, and sound
solution.
The advisory group recommends a fee schedule, which is much easier to
implement than individual site appraisals. The schedule reflects the
public service that these broadcast stations provide, and reflects
appropriate distinctions between fees for radio and television
stations. The schedule would provide for substantial increases in the
monies the Federal Government would receive from these sites.
Congress cannot support any proposal that merely seeks to raise the
most money possible from these broadcasters, who are providing vital
service to their local communities. The advisory group recommendations
are sound, and I believe that this Congress should codify them and put
this contentious issue to rest.
Mr. HATCH. Madam President, I rise today to express my support for
the Equitable Communication Site Fee Act of 1994 introduced by my
colleagues, Senators Craig, Domenici, Wallop, and DeConcini and others.
Adoption of this legislation will finally, and fairly, address the
ongoing issue of assessing an equitable fee increase for the use of
communication sites on public lands.
The issue of charging a fee to broadcasters and nonbroadcasters who
use sites on lands administered by the Bureau of Land Management [BLM]
or the U.S. Forest Service [USFS] is critical to Utah. In fact, the
directive prohibiting these agencies from assessing a dramatic increase
in these fees was first proposed in 1987 by my former colleague, Jake
Garn, and similar language has been adopted by this body every year
since then.
This yearly discussion on this issue led to the creation in 1992 of
the Radio and Television Broadcast Use Fee Advisory Committee composed
of individuals representing Federal, State, and local governments, and
private or commercial interests in the communications area. I am
pleased to note that Mr. Kent Parsons from Monroe, UT, was a member of
that committee. The legislation we are introducing today will implement
the committee's report and address other modifications for nonbroadcast
users.
The prime sponsors have discussed the legislation in detail, so I
will not repeat what has already been stated. But, I would like to
briefly indicate for my colleagues why the solution contained within
this legislation is so critical to Utah.
Utah is home to one-tenth of the country's broadcast translators,
representing a total number of approximately 100 locations. The large
majority of these translators are located on public land managed by the
BLM and USFS. The primary purpose for these translators is to provide
radio and television signals emanating from the heavily populated
Wastach Front to the rural areas of Utah. Without these translators, 20
percent of Utah's total population would be unable to access radio,
television, or cable signals. Most people in our society take their
access to radio and television for granted.
Those who own and operate our translators in Utah are key to keeping
this portion of our population ``plugged in,'' in many respects, with
the day-to-day occurrences throughout the world. These owners are
primarily nonprofit entities, such as municipalities, counties, or
civic groups; commercial broadcasters, who lease very few sites
throughout Utah, are heavily dependent on these nonprofit entities to
operate and maintain the translators. If the fees to lease these sites
increase dramatically, commercial broadcasters will be unwilling to pay
the higher rent required by the nonprofit groups to continue the annual
operation and maintenance involved with the translator. It simply will
not make economic sense to the commercial broadcast stations in our
State to pay a huge amount for a service that only minimally expands
its audience. The owners of the translators will be placed in an
untenable situation, and will, more likely than not, be forced to
discontinue operation of the translator.
There are also other benefits, other than commercial radio,
television or cable broadcasts, that are received by our communities
from these stations. For example, the translator station located on
USFS land on Kaysville Peak, just north of Salt Lake City, provides a
direct link between the Davis County School District administrative
offices and the district's school buses. Without this station, the
district's ability to communicate with individual buses and manage the
daily bus system would be severely impaired, if not logistically
impossible. The communications link provided by the Kaysville Peak
translator is also a safety link for those transporting children on
rural roads in bad weather. On a side note, this body recently adopted
legislation I introduced to give Kaysville City the right to continue
to operate and maintain this station, thus ensuring continue
functioning of this radio link throughout the school year. For that, I
thank my colleagues.
Most of Utah's translator operators recognize that an increase in the
fees paid for access to Federal lands may be in order. But, a large
increase implemented in a short period of time will have the effect I
just described. An increase that is fair and that is incorporated over
a sufficient time period is the right medicine to resolve this
situation. The Utah Broadcasters Association has indicated their strong
support for this legislation.
Madam President, the Salt Lake Tribune recently labeled Utah's
translator system one of the most complex in the world, as
``mountaintop hopscotch.'' I think it would be helpful for my
colleagues in understanding this issue to describe how a signal moves
from Salt Lake City to Henrieville, a city with a population of 126,
which is located 272 miles south of Salt Lake City. As the newspaper
reported, ``the signal originates at the privately-owned transmitted
tower sites in the Oquirrh Mountains west of Salt Lake City. It is
picked up and boosted first at a site above Levan, then again at Monroe
Peak in Sevier County--then onto a peak above Bryce Canyon National
Park--then over to Henderson Rim in Garfield County--across to the City
of Tropic--and into Henrieville.''
If any one of these links is not operational, the system breaks down,
and the signal will not make it to the residents of Henrieville. There
are many other network examples, even more complex than this one, that
demonstrate how crucial these translator stations are to communicating
with our rural areas.
Since 70.2 percent of Utah's land is owned and managed by the Federal
Government, there are very limited alternatives available to local
governments and community groups on which to locate these stations
other than on public lands.
As I mentioned, Mr. Kent Parsons from Monroe, UT, with considerable
experience in communication sites in 10 western states over a 36-year
period, served on the Radio and Television Broadcast Use Fee Advisory
Committee. He indicated in a letter to me last year that the
committee's report, which is the basis for Senator Craig's legislation,
achieved ``the best solution to a very complex and controversial fee
increase proposal.'' He went on to say that the committee spent
considerable time--approximately 65 hours of meetings--to arrive at a
consensus fee increase proposal that was ``not only fair, but also
reasonable.'' Mr. Persons closed his letter by stating that any effort
moving away from the committee's fee proposal would be tantamount to
``taking us back to square one'' on this issue.
I agree wholeheartedly with Mr. Parsons, which is why I am strongly
supporting the fair, reasonable, and workable solution outlined in this
legislation. I commend my colleagues for their work on this issue. In
particular, my good friend from Idaho, Senator Craig, has shown
tremendous leadership in putting the advisory committee's proposal
formally before this body.
I encourage my colleagues to review the product of the committee and
to support this legislation that embodies its recommendation.
______
By Mr. SPECTER:
S. 2107. A bill to authorize the appointment of an additional
bankruptcy judge for the eastern district of Pennsylvania; to the
Committee on the Judiciary.
eastern district of pennsylvania bankruptcy judgeship act of 1994
Mr. SPECTER. Mr. President, I am introducing legislation today to
authorize the creation of a new bankruptcy judgeship for the eastern
district of Pennsylvania. This measure follows on a recommendation by
the Judicial Conference of the United States, after a careful review of
the bankruptcy caseload in the district, to create a new bankruptcy
judgeship there.
From 1961 to 1991, there were three bankruptcy judges in the eastern
district of Pennsylvania. During this period, bankruptcy filings in the
eastern district increased 1,630 percent. In 1991, in order to address
the caseload crisis in the court, I introduced legislation to create an
additional bankruptcy judgeship in the eastern district. I subsequently
introduced a second bill to authorize the creation of two new
bankruptcy judgeships for the district, to bring the number of
bankruptcy judges there to five. That legislation was incorporated into
broader legislation, creating 32 new bankruptcy judgeships nationally,
that was enacted in 1992. Despite the adoption of this legislation
authorizing two additional bankruptcy judgeships for the eastern
district, the positions were not funded and filled until late in 1993.
The same circumstances that led to the creation of the two additional
bankruptcy judgeships in 1992 are present again. Information provided
to me by the eastern district reflects a need for the creation of
additional bankruptcy judgeships.
In the 4-year period ending September 30, 1993, bankruptcy filings in
the eastern district increased 42.9 percent, from 8,258 cases in fiscal
year 1990 to 11,800 cases in fiscal year 1993. During the same period,
the number of chapter 11 business reorganization filings increased from
257 in fiscal year 1990 to 377 in fiscal year 1993, an increase of 46.7
percent. The number of chapter 11 filings is particularly relevant
because these filings require a substantial amount of judicial time.
The number of chapter 13 filings for this period greatly exceeded the
national average.
The eastern district has also informed me that its bankruptcy judges
face one of the most complex caseloads of any bankruptcy court in the
country. The weighted caseload for the eastern district is
substantially higher than the national average. The weighted caseload
is a means developed by the judiciary to measure the complexity of
cases; it assigns a larger number to more complex cases that take more
time than routine matters. During fiscal year 1992, the eastern
district had a weighted caseload of 1,969 case-related hours per judge
compared with the national average of 1,437 case-related hours per
judge. These figures indicate that the bankruptcy judges in the eastern
district handled a weighted caseload that was 37 percent higher than
the national average. Even after the recent creation and filling of the
two new judgeships, the eastern district has the fifth heaviest
weighted bankruptcy caseload in the Federal judicial system.
In September 1993, in response to the ever-increasing bankruptcy
caseload in the eastern district of Pennsylvania, the judges of the
eastern district recommended that additional bankruptcy judgeships for
the district be created. The Judicial Conference of the United States,
acting pursuant to this recommendation, has recommended the addition of
a new bankruptcy judgeship in the eastern district. In the opinion of
the Federal judiciary, therefore, the creation of a new bankruptcy
judgeship for the eastern district of Pennsylvania is vital to the
continued functioning of the Federal judicial system in the 10 counties
in eastern Pennsylvania.
After reviewing information submitted to me by the eastern district,
I agree that the need exists for the creation of a new bankruptcy
judgeship in the eastern district of Pennsylvania to address the
increased caseload and cure the disparity in weighted caseload between
the eastern district and bankruptcy courts in the rest of the Nation.
Accordingly, I am introducing legislation to authorize the creation of
a sixth permanent bankruptcy judgeship in the eastern district of
Pennsylvania. I hope that this legislation will be swiftly considered
and adopted by the Congress.
Mr. President, I ask for unanimous consent that the bill be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2107
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ADDITIONAL BANKRUPTCY JUDGE FOR THE EASTERN
DISTRICT OF PENNSYLVANIA.
Section 152(a)(2) of title 28, United States Code, is
amended in the item relating to the Eastern District of
Pennsylvania by striking ``5'' and inserting ``6''.
______
By Mr. ROTH:
S. 2108. A bill to express U.S. policy with respect to the North
Atlantic Treaty Organization; to the Committee on Foreign Relations.
nato revitalization act
Mr. ROTH. Mr. President, I arise today to introduce the Roth-Hyde
bill on the expansion of the North Atlantic Treaty Organization. I send
a copy of the bill to the desk.
Last January, President Clinton met with the political leaders of
NATO's other 15 member nations. Many of us had hoped that from that
meeting would come a proposal to allow Central European democracies
which aspired to NATO membership to join our alliance.
In the event, no such clear proposal emanated from the Brussels
summit and the Senate subsequently spoke out in favor of expanding the
alliance by passing the McConnell amendment to the State Department
authorization bill by a voice vote of 94 to 3.
Instead of proposing an immediate expansion of NATO, the alliance's
political leaders issued an invitation to all members of the former
Warsaw Pact, all CIS members States and all traditionally neutral
nations to join the so-called partners for Peace Program.
Under the aegis of this program, applicants would negotiate
agreements with NATO Headquarters, agreements which would allow them to
undertake a variety of cooperative undertakings with NATO's Armed
forces, the exact nature of these undertakings varying with the
capabilities of the different applicants.
The Partners for Peace initiative does not, contrary to many
commentators, contradict the need to expand NATO. To the contrary, in
issuing the invitation to join the initiative, NATO leaders
specifically stated and reserved to themselves the right to expand the
alliance's membership.
I would like to say to my colleagues who, like me, support alliance
expansion that we should support Partners for Peace. Any NATO expansion
initiative which permits three of four Central European nations to
enter the alliance will leave several disappointed, rejected
governments in Eastern Europe. Consequently, any initiative to expand
NATO into Central Europe will have to be accompanied by some sort of
NATO outreach program in Eastern Europe.
That program would demonstrate that, while some states are regarded
as unready for full NATO membership, the alliance wishes to cooperate
with them and to assist them in their endeavors to consolidate their
democracies. Partners for Peace is such a program. In my opinion, if
handled properly, it can provide that broad context within which a
narrower, prudent expansion of NATO can take place.
My colleague, Congressman Hyde, and I are introducing our bill
because we both believe that the serious work which will stem from the
Partners for Peace initiative has not yet been undertaken. Now it is
time to put some flesh on the bare bones of this initiative.
Most notably, the Clinton administration has made no effort to
establish the relationship between Partners for Peace and alliance
expansion. What criteria should applicants be expected to meet, what
milestones should they pass, under the aegis of this program, that will
make them eligible for full alliance membership? If Partners for Peace
is to live up to its potential, these questions must be answered.
Consequently, the bill which Congressman Hyde and I are introducing
calls upon the Clinton administration to initiate a fleshing out of
Partners for Peace, one which will lay down clear criteria of alliance
expansion and thereby clarify the path which those who seek membership
in the alliance must take.
Mr. President, when the Partners for Peace proposal was first aired,
there were allegations both that the Clinton administration had
formulated the initiative simply in order to sidestep the alliance
expansion issue and that it had resolved to make that sidestep maneuver
because the Russian Government was opposed to NATO expanding into
Central Europe. I sincerely hope that these allegations are false. NATO
policy should be made in Washington, DC, and in the other 15 alliance
capitals.
That policy cannot and should not be made in Moscow. The Russian
authorities have absolutely no right to aspire to a zone of influence
in Central Europe. The governments of that region are sovereign
entities, signatories to the Helsinki Final Act of the Conference on
Security and Cooperation in Europe and, as such, they have the right to
join any alliance or international organization they wish, free from
external pressure.
If the Clinton administration did think that Partners for Peace would
allow it to sidestep the expansion question, it was mistaken. Those
nations who wish to join NATO genuinely feel that they need alliance
membership and they will continue to press their applications. We will
be able to test the administration's commitment to NATO by seeing how
it responds to this initiative.
If it is not fully committed it will allow the matter to languish and
it will put little U.S. effort into making Partners for Peace a going
concern. If, on the other hand, it is committed, it will build on the
initiative, playing a leading role in cooperative military undertakings
with Partners for Peace members while, simultaneously, telling us all
how the initiative relates to NATO expansion and how it can be sued to
facilitate the entry into the alliance of those nations who can
legitimately aspire to alliance membership.
Mr. President, no American, I am sure, wishes to repeat the
experience we have undergone twice this century; no one wishes to fight
another war in Europe. But the history of the last 40 years has clearly
demonstrated that conflict is best avoided if would-be aggressors are
deterred rather than ignored. NATO stood together and deterred the
Soviet Union from launching its long-planned invasion of Western
Europe.
Surely, we now must recraft NATO so that it can deter the host of
lesser, but nonetheless serious, threats to stability and to our
interests in Europe. Thus the peace can be kept and conflict of the
type we now see in Bosnia avoided. I sincerely believe that adoption of
the Roth-Hyde-bill will constitute a useful step in this direction.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2108
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Revitalization Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) for over 40 years, the North Atlantic Treaty
Organization has helped guarantee the security, freedom, and
prosperity of the United States and our partners in the
alliance;
(2) the North Atlantic Treaty Organization has expanded its
membership on 3 different occasions since its founding in
1949;
(3) the steadfast and sustained commitment of the member
countries of the North Atlantic Treaty Organization to mutual
defense against the threat of communist domination played a
significant role in precipitating the collapse of the Iron
Curtain and the demise of the Soviet Union;
(4) in the place of that threat, new security threats are
emerging to the shared interests of the member countries of
the North Atlantic Treaty Organization;
(5) although these new threats are more geographically and
functionally diverse and less predictable, they still imperil
shared interests of the United States and our North Atlantic
Treaty Organization allies;
(6) Western interests must be protected on a cooperative
basis without an undue burden falling upon the United States;
(7) the North Atlantic Treaty Organization is the only
multilateral organization that is capable of conducting
effective military operations to protect Western interests;
(8) the valuable experience gained from ongoing military
cooperation within the North Atlantic Treaty Organization was
critical to the success of joint military operations in the
1991 liberation of Kuwait;
(9) the North Atlantic Treaty Organization is an important
diplomatic forum for discussion of issues of concern to its
member states and for the peaceful resolution of disputes;
(10) admission of Central and East European countries that
have recently been freed from Communist domination to the
North Atlantic Treaty Organization could contribute to
international peace and enhance the security of those
countries;
(11) a number of countries, including the Visegrad
countries (the Czech Republic, Hungary, Poland, and Slovakia)
and the Baltic states (Estonia, Latvia, and Lithuania), have
expressed interest in North Atlantic Treaty Organization
membership; and
(12) in recognition of this interest, the ``Partnership for
Peace'' proposal offers limited military cooperation to many
European countries not currently members of the North
Atlantic Treaty Organization, without establishing benchmarks
or guidelines for eventual North Atlantic Treaty Organization
membership.
SEC. 3. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to continue our commitment to and active leadership
role in the North Atlantic Treaty Organization;
(2) to join with our North Atlantic Treaty Organization
allies to redefine the role of the alliance in the post-Cold
War world, taking into account--
(A) the fundamentally changed security environment of
Central and Eastern Europe,
(B) the need to assure all countries of the defensive
nature of the alliance and the desire of its members to work
cooperatively with all former adversaries,
(C) the emerging security threats posed by the
proliferation of nuclear, chemical, and biological weapons of
mass destruction and the means to deliver them,
(D) the continuing challenges to the interests of all North
Atlantic Treaty Organization member countries posed by
unstable and undemocratic regimes harboring hostile
intentions, and
(E) the dependence of the global economy on a stable energy
supply and the free flow of commerce;
(3) to urge the North Atlantic Treaty Organization to
support the eventual expansion of alliance membership to
European countries that meet appropriate standards,
including--
(A) shared values and interests,
(B) democratic governments,
(C) free market economies,
(D) civilian control of the military,
(E) adherence to the values, principles, and political
commitments embodied in the Helsinki Final Act of the
Conference on Security and Cooperation in Europe, and
(F) commitment to further the principles of the North
Atlantic Treaty Organization and to contribute to the
security of the North Atlantic area;
(4) to urge the North Atlantic Treaty Organization--
(A) to extend membership to countries that meet the
standards set forth by the North Atlantic Treaty
Organization, and
(B) to establish benchmarks and a timetable for eventual
membership for selected countries in transition; and
(5) to affirm that North Atlantic Treaty Organization
military planning should include joint military operations
beyond the geographic bounds of the alliance under Article 4
of the North Atlantic Treaty when the shared interests of the
United States and other member countries require such action
to defend vital interests.
______
By Mr. HOLLINGS (for himself, Mr. Danforth, Mr. Rockefeller, Mr.
Burns, Mr. Inouye, Mr. Packwood, Mr. Ford, Mr. Pressler, Mr.
Breaux, Mr. Bryan, Mr. Robb, Mr. Dorgan, Mr. Glenn, Mr.
Bennett, Ms. Mikulski, Mr. Heflin, Mr. Shelby, Mrs. Feinstein,
Mr. Murkowski, and Mr. Jeffords):
S.J. Res. 187. A joint resolution designating July 16 through July
24, 1994, as ``National Apollo Anniversary Observance''; to the
Committee on the Judiciary.
national apollo anniversary observance
Mr. HOLLINGS. Mr. President, this year marks the 25th
anniversary of the historic Apollo 11 mission to the Moon. As chairman
of the Committee on Commerce, Science, and Transportation, I am today
introducing legislation to designate July 16-24, 1994, as ``National
Apollo Anniversary Observance.'' I would note that Congressman Mineta
is introducing a companion resolution in the House of Representatives.
On July 16, 1969, America sent astronauts Neil Armstrong, Edwin
(Buzz) Aldrin, Jr., and Michael Collins on a phenomenal voyage to the
Moon. The world watched as these explorers traveled over 238,700 miles
from the Earth to set foot on the surface of another world.
The mission to the Moon began in May 1961, when President Kennedy
challenged the Nation to place a person on the Moon, and ensure the
astronaut's safe return, by the end of the decade. With the flight of
Apollo 11, the Nation accomplished this goal. On July 20, 1969, Neil
Armstrong and Buzz Aldrin became the first humans to step onto the
surface of the Moon while command module pilot Michael Collins orbited
above.
As Michael Collins stated later in an address to a joint session of
Congress,
We have taken to the moon the wealth of this Nation, the
vision of its political leaders, the intelligence of its
scientists, the dedication of its engineers, and careful
craftsmanship of its workers and the enthusiastic support of
its people.
We have brought back rocks, and I think it's a fair trade.
For just as the Rosetta Stone revealed the language of
ancient Egypt, so may these rocks unlock the mystery of the
origin of the moon and indeed, even of our Earth and solar
system.
The Apollo 11 mission to the Moon is one of the greatest achievements
of our century. The Apollo 11 mission and subsequent missions to the
Moon brought us closer to understanding the Earth and its relationship
to other celestial bodies. It continues to inspire awe and wonderment,
touching all cultures and each generation. The Apollo 11 mission not
only opened the door to the future of human space flight, it broadened
our perceptions of the human potential.
I encourage my colleagues to join me in cosponsoring this legislation
to commemorate the 25th anniversary of our Nation's historic voyage to
the Moon. I ask that the National Apollo Anniversary Observation joint
resolution be reprinted in the Record.
There being no objection, the joint resolution was ordered to be
printed in the Record, as follows:
S.J. Res. 187
Whereas President Kennedy in 1961 called upon the United
States to face the challenge of those extraordinary times by
sending a mission to the Moon;
Whereas the United States Government, the National
Aeronautics and Space Administration, and the American people
committed great resources time, and human labor within one
decade to span the 238,700 miles between the Earth and the
Moon;
Whereas the United States rose to the challenge and
formulated the Apollo missions culminating in the liftoff on
July 16, 1969, of the Apollo 11 Mission to the Moon;
Whereas 25 years ago astronaut Neil Armstrong, with the
help of Colonel Edwin (Buzz) Aldrin, Jr. (USAF) and
Lieutenant Colonel Michael Collins (USAF), took that first
significant step and became the first human to set foot on
the surface of another world;
Whereas that small step furthered the development of space
technology for the lasting benefit of all mankind; and
Whereas such an event united the world and our many
cultures for a brief moment under the flag of peaceful
exploration: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That July 16,
1994, through July 24, 1994, is designated as ``National
Apollo Anniversary Observance'', and the President is
authorized and requested to issue a proclamation calling on
the people of the United States to observe such period with
appropriate ceremonies and activities.
____________________