[Congressional Record Volume 141, Number 24 (Tuesday, February 7, 1995)]
[House]
[Page H1373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 667

                         Offered By: Mr. Cardin

       Amendment No. 6: Page 8, strike lines 7 through 11, and 
     insert the following:
       ``(1) $990,300,000 for fiscal year 1996;
       ``(2) $1,322,800,000 for fiscal year 1997;
       ``(3) $2,519,800,000 for fiscal year 1998;
       ``(4) $2,652,800,000 for fiscal year 1999; and
       ``(5) $2,745,900,000 for fiscal year 2000.

                                H.R. 667

                         Offered By: Mr. Riggs

       Amendment No. 7: After subsection (b) of section 504, 
     insert the following new subsection (and redesignate 
     subsequent subsections accordingly):
       ``(c) Availability of Funds for Jail Construction.--A State 
     may use up to 15 percent of the funds provided under this 
     title for jail construction, if the Attorney General 
     determines that the State has enacted--
       ``(1) legislation that provides for pretrial release 
     requirements at least as restrictive as those found in 
     section 3142 of title 18, United States Code; or
       ``(2) legislation that requires an individual charged with 
     an offense for which a sentence of more than one year may be 
     imposed, or charged with an offense involving violence 
     against another person, may not be released before trial 
     without a financial guarantee to ensure appearance before 
     trial.''.

                                H.R. 667

                         Offered By: Mr. Schiff

       Amendment No. 8: Strike subparagraph (B) of section 
     101(a)(2) of the Violent Crime Control and Safe Streets Act 
     of 1994, as amended by section 2 of this bill, and insert the 
     following:
       ``(B) Enhancing security measures--
       ``(i) in and around schools; and
       ``(ii) in and around any other facility or location which 
     is considered by the unit of local government to have a 
     special risk for incidents of crime.
                                H.R. 667

                       Offered by: Mr. Torricelli

       Amendment No. 9: On page 6, line 14, after ``General'' 
     insert ``including a requirement that any funds used to carry 
     out the programs under section 501(a) shall represent the 
     best value for the government at the lowest possible cost and 
     employ the best available technology.''

                                H.R. 668

                          Offered by: Mr. Burr

       Amendment No. 1: At the end insert the following new 
     section (and conform the table of contents accordingly):
     SEC. 14. MANDATORY DETENTION OF ALIEN AGGRAVATED FELONS 
                   PENDING DEPORTATION.

       Section 242(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1252(A)(2)) is amended--
       (1) by striking subparagraph (B); and
       (2) in subparagraph (A)--
       (A) by striking ``(2)(A)'' and inserting ``(2)'', and
       (B) in the second sentence--
       (i) by striking ``but subject to subparagraph (B)'', and
       (ii) by inserting before the period ``either before or 
     after a determination of deportability until such alien is 
     deported, unless the alien is finally determined to be not 
     deportable''.
                                H.R. 668

                          Offered by: Mr. Burr

       Amendment No. 2: At the end insert the following new 
     section (and conform the table of contents accordingly):
     SEC. 14. DISCRETIONARY AUTHORITY TO DEPORT ALIENS BEFORE 
                   COMPLETION OF SENTENCE.

       (a) In General.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(e) Discretionary Authority to Deport Certain Criminal 
     Aliens Before Completion of Sentence.--(1) In the case of an 
     alien who has been determined to be deportable, except as 
     provided in paragraph (2), the Attorney General may provide 
     for the alien's deportation before the completion of the 
     sentence, if the authority providing for the term of 
     imprisonment is authorized to consent and consents to the 
     alien's release for deportation before completion of the 
     sentence.
       ``(2) The Attorney General shall not exercise authority 
     under paragraph (1) unless the Attorney General determines 
     that (A) the early release from imprisonment is in the public 
     interest; and (B) the alien is not confined pursuant to a 
     criminal offense of a State, a political subdivision of a 
     State, or the Federal Government which consists of (i) murder 
     or attempted murder, (ii) rape or sexual assault, (iii) 
     espionage, (iv) terrorism, (v) pedophilia, (vi) assassination 
     or attempted assassination of a public official, (vii) 
     leading a drug trafficking ring, or (viii) alien 
     smuggling.''.
       (b) Conforming Amendments.--
       (1) Section 242(h) of such Act (8 U.S.C. 1252(h)) is 
     amended by striking ``An alien'' and inserting ``Subject to 
     section 242A(e), an alien''.
       (2) Section 242A(d)(3)(A)(iii) of such Act (8 U.S.C. 
     1252a(d)(3)(A)(iii)) is amended by inserting ``, subject to 
     subsection (e),'' after ``become final and''.
                                H.R. 668

                       Offered By: Mr. Cunningham

       Amendment No. 3: At the end insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 14. INTERIOR REPATRIATION PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Attorney General and the Commissioner of Immigration 
     and Naturalization 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.

                                H.R. 668

                       Offered By: Mr. Cunningham

       Amendment No. 4: At the end insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 14. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

       (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 (in this section referred to as 
     the ``Treaty'') 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.
       [[Page H1373]] (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.

                                H.R. 668

                         Offered By: Mr. Foley

       Amendment No. 5: At the end insert the following section 
     (and conform the table of contents accordingly):

     SECTION 14. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO 
                   COMPLETION OF SENTENCE OF IMPRISONMENT.

       (a) In General.--Section 242(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1252(h)) is amended to read as 
     follows:
       ``(h)(1) Except as provided in paragraph (2), an alien 
     sentenced to imprisonment may not be deported until such 
     imprisonment has been terminated by the release of the alien 
     from confinement. Parole, supervised release, probation, or 
     possibility of rearrest or further confinement in respect of 
     the same offense shall not be a ground for deferral of 
     deportation.
       ``(2) The Attorney General is authorized to deport an alien 
     in accordance with applicable procedures under this Act prior 
     to the completion of a sentence of imprisonment--
       ``(A) in the case of an alien in the custody of the 
     Attorney General, if the Attorney General determines that (i) 
     the alien is confined pursuant to a final conviction for a 
     nonviolent offense and (ii) such deportation of the alien is 
     appropriate and in the best interest of the United States; or
       ``(B) in the case of an alien in the custody of a State (or 
     a political subdivision of a State), if the chief State 
     official exercising authority with respect to the 
     incarceration of the alien determines that (i) the alien is 
     confined pursuant to a final conviction for a nonviolent 
     offense, and (ii) such deportation is appropriate and in the 
     best interest of the State, and (iii) submits a written 
     request to the Attorney General that such alien be so 
     deported.
       ``(3) Any alien deported pursuant to this subsection shall 
     be notified of the penalties under the laws of the United 
     States relating to the reentry of deported aliens, 
     particularly the expanded penalties for aliens deported under 
     paragraph (2).''.
       (b) Reentry of Alien Deported Prior to Completion of Term 
     of Imprisonment.--Section 276 of the Immigration and 
     Nationality Act (8 U.S.C. 1326) amended by adding at the end 
     the following new subsection:
       ``(c) Any alien deported pursuant to section 242(h)(2) who 
     enters, attempts to enter, or is at any time found in, the 
     United States (unless the Attorney General has expressly 
     consented to such alien's reentry) shall be incarcerated for 
     the remainder of the sentence of imprisonment which was 
     pending at the time of deportation without any reduction for 
     parole or supervised release. Such alien shall be subject to 
     such other penalties relating to the reentry of deported 
     aliens as may be available under this section or any other 
     provision of law.''.
                                H.R. 668

                          Offered By: Mr. Horn

       Amendment No. 6: At the end insert the following new 
     section (and conform the table of contents accordingly):
     SEC. 14. PRISONER TRANSFER TREATIES.

       (a) Negotiation.--Congress advises the President to begin 
     to negotiate and renegotiate, not later than 90 days after 
     the date of the enactment of this Act, bilateral prisoner 
     transfer treaties. The focus of such negotiations shall be to 
     expedite the transfer of aliens unlawfully in the United 
     States who are incarcerated in United States prisons, to 
     ensure that a transferred prisoner serves the balance of the 
     sentence imposed by the United States courts, and to 
     eliminate any requirement of prisoner consent to such a 
     transfer.
       (b) Certification.--The President shall submit to the 
     Congress, annually, a certification as to whether each 
     prisoner transfer treaty in force is effective in returning 
     aliens unlawfully in the United States who have committed 
     offenses for which they are incarcerated in the United States 
     to their country of nationality for further incarceration.

                                H.R. 668

                         Offered By: Mr. Moran

       Amendment No. 7: Page 14, after line 6, insert the 
     following new section (and conform the table of contents 
     accordingly):
     SEC. 14. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE 
                   ALIENS WHO FLEE PROSECUTION FOR CRIMES IN THE 
                   UNITED STATES.

       (a) Assistance to States.--The Attorney General, in 
     cooperation with the Commissioner of Immigration and 
     Naturalization and the Secretary of State, shall designate an 
     office within the Department of Justice to provide technical 
     and prosecutorial assistance to States and political 
     subdivisions of States in efforts to bring to justice aliens 
     who flee prosecution for crimes in the United States.
       (b) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the Attorney General shall 
     compile and submit to the Congress a report which assesses 
     the nature and extent of the problem of bringing to justice 
     aliens who flee prosecution for crimes in the United States.

                                H.R. 668

                     Offered By: Mr. Sensenbrenner

       Amendment No. 8: Strike section 11 (and redesignate the 
     subsequent sections and conform the table of contents 
     accordingly).

                                H.R. 728

                         Offered By: Mr. Schiff

       Amendment No. 1: Strike subparagraph (B) of section 
     101(a)(2) of the Violent Crime Control and Safe Streets Act 
     of 1994, as amended by section 2 of this bill, and insert the 
     following:
       ``(B) Enhancing security measures--
       ``(i) in and around schools; and
       ``(ii) in and around any other facility or location which 
     is considered by the unit of local government to have a 
     special risk for incidents of crime.
Vol. 141         WASHINGTON, TUESDAY, FEBRUARY 7, 1995           No. 24
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                                 Senate


             (Legislative day of Monday, January 30, 1995)