[Congressional Record Volume 141, Number 27 (Friday, February 10, 1995)]
[House]
[Pages H1586-H1597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CRIMINAL ALIEN DEPORTATION IMPROVEMENTS ACT OF 1995
Mr. SOLOMON. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 69 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 69
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 668) to control crime by further streamlining
deportation of criminal aliens. The first reading of the bill
shall be dispensed with. Points of order against
consideration of the bill for failure to comply with section
302(f) or section 303(a) of the Congressional Budget Act of
1974 are waived. General debate shall be confined to the bill
and shall not exceed one hour equally divided and controlled
by the chairman and ranking minority member of the Committee
on the Judiciary. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on the
Judiciary now printed in the bill, modified by the amendment
printed in section 2 of this resolution. All points of order
against the committee amendment in the nature of a substitute
for failure to comply with clause 5(a) of rule XXI are
waived. Each section of the committee amendment in the nature
of a substitute, as modified, shall be considered as read.
During consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute,
as modified. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
Sec. 2. The amendment in the nature of a substitute
recommended by the Committee
[[Page H1587]] on the Judiciary now printed in the bill is
modified by the following amendment: ``Strike section 11 and
redesignate the succeeding sections accordingly.''.
The SPEAKER pro tempore. The gentleman from New York [Mr. Solomon] is
recognized for 1 hour.
Mr. SOLOMON. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from California [Mr. Beilenson],
pending which I yield myself such time as I might consume. During
consideration of this resolution, all time yielded is for the purposes
of debate only.
Mr. Speaker, in keeping with our promise to have a more open process
in the House, the Rules Committee is bringing to the floor today
another open rule.
This one provides for the consideration of H.R. 668, the Criminal
Alien Deportation Improvements Act with 1 hour of general debate.
While any Member of the House may offer an amendment under this rule,
priority in recognition will be given to those Members who pre-print
their amendments in the Congressional Record.
This procedure means that Members can be better informed about the
issues they will have to vote on, and reduces the possibility of
legislation by ambush.
During its consideration of this bill, the Judiciary Committee
adopted an amendment by the gentleman from California [Mr. Berman]
which would have provided a new entitlement which was not paid for.
The Rules Committee was faced with a situation where this bill could
not even have been considered unless the Budget Act was waived, and if
the original provision had been left in place, the total cost of the
amendment would have been added to the deficit.
At the same time, many of us were sympathetic to what the gentleman
from California was trying to do--namely reimburse State and local
governments for the cost of incarcerating illegal aliens who commit
serious crimes.
My State of New York, along with a number of others, has been saddled
with heavy financial burdens because the Federal Government has failed
to control the Nation's borders effectively.
The compromise solution which was worked out involves two steps.
First, the House agreed to an amendment to the prisons bill, H.R.
667, which would authorize the funds necessary to reimburse States and
localities for the cost of incarcerating illegal aliens who have
committed serious crimes.
Next the Rules Committee put a provision in this rule which made in
order as a new base text the Judiciary Committee amendment in the
nature of a substitute minus the Berman amendment which violated the
Budget Act.
This took out the budget busting provision from the text that the
House will be amending.
However, since the bill reported from the Judiciary Committee still
has the language in it which violates the Budget Act, it is necessary
to waive two sections of the Budget Act in order to call up the bill.
But these are in effect only technical waivers because the offending
language is being deleted by the adoption of the rule.
The first technical waiver is included because the Judiciary
Committee bill proposed new entitlement authority beyond the
committee's allocation. The second technical waiver is necessary
because the committee reported bill provides new entitlement authority
prior to the adoption of the budget resolution.
I repeat--these Budget Act waivers are necessary only to allow the
House to consider the alien deportation bill. The provision which
violated the Budget Act is being eliminated by the rule.
There is one other provision adopted by the Judiciary Committee which
requires a waiver of points of order.
This provision was offered by the gentleman from California [Mr.
Moorhead]. It allows reimbursement for the cost of incarcerating
illegal aliens to be paid to the localities as well as to the States.
This amendment was adopted by voice vote in the Judiciary Committee
and is widely approved. It does not involve any additional cost, but it
does require a waiver of the rule prohibiting appropriations on
legislation, because technically it is possible that previously
appropriated funds could be used for a new purpose.
Finally, the rule provides for one motion to recommit, with or
without instructions.
This provides the minority one final chance to offer its best
alternative to the bill.
Mr. Speaker, this rule provides a fair process.
It is important to keep in mind, that this is a completely open rule.
Any member can offer any amendment that complies with House rules.
While there are three waivers that are largely technical, these waivers
do not in any way limit a Member's ability to offer his or her ideas to
improve the bill.
Mr. Speaker, it is long past time that this Congress started getting
serious about the problem of illegal immigration in this country.
The Governor of California has noted, for example, that today in Los
Angeles alone illegal immigrants and their children total nearly 1
million. That is more than any congressional district.
Governor Wilson has also noted that two-thirds of the babies born in
Los Angeles public hospitals are born to parents who have illegally
entered the United States. These are awesome numbers. And the problem
is not limited to California, Texas, and Florida. In my own State of
New York, the cost of providing services to illegal aliens is a burden
on all the taxpayers of the State.
The bill before us now is a first step toward dealing with the larger
problem. This bill will streamline the process of deporting illegal
aliens who have committed serious crimes. For example, the bill adds a
number of crimes for which illegal aliens can be deported.
Crimes such as trafficking in counterfeit immigration documents,
serious bribery, and transporting persons for the purpose of
prostitution can become a basis for deportation.
The Criminal Alien Identification System is given the mission of
assisting Federal, State, and local law enforcement agencies in
identifying and locating aliens who may be deportable because they have
committed aggravated felonies.
The bill is a good beginning in dealing with a serious problem. There
is much more that needs to be done to prevent the illegal immigration
in the first place. I support this bill and the open rule which
provides for its consideration.
Mr. DREIER. Mr. Speaker, will the gentleman yield?
Mr. SOLOMON. I yield to the gentleman from California.
Mr. DREIER. Mr. Speaker, I thank my friend for yielding. I would
simply like to rise and congratulate the chairman of the Committee on
Rules for underscoring the fact that public-policy questions that in
the past have only been dealt with by waiving the rules of the House
can in fact be addressed by looking head-on at creative ways to comply
with the standing rules of the House and actually solve those problems.
That is exactly what we were able to do, and that is exactly what this
rule does once again, so we can in fact meet the needs of the American
people, the issues that the American people want us to address, and we
can do it under the rules that the Founders put in place for this
institution.
Again I thank my friend for yielding.
Mr. SOLOMON. The gentleman's points are so well taken. The truth of
the matter is that the Committee on Rules has put their foot down on
these so-called budget waivers that have gotten us into these problems
over the years. We are not going to try to do that anymore, and that is
one way that we have stopped a new entitlement program from going
through, yet helped those States and municipalities that desperately
need the help.
Mr. BENTSEN. Mr. Speaker, will the gentleman yield?
Mr. SOLOMON. I am glad to yield to the gentleman from Texas.
Mr. BENTSEN. Mr. Speaker, just so I understand what the gentleman is
saying, this rule will effectively knock out the Berman language as it
relates to reimbursement to the States?
Mr. SOLOMON. The gentleman is correct, because it has been taken care
of in the previous bill.
[[Page H1588]] Mr. BENTSEN. So everything we rely on is what was done
in H.R. 667, in the previous bill, and there will be no Berman language
in this bill?
Mr. SOLOMON. The gentleman is absolutely correct.
Mr. BENTSEN. I thank the gentleman.
Mr. SOLOMON. I hope we can move this rule through on a voice vote.
Mr. Speaker, I reserve the balance of my time.
{time} 1410
Mr. BEILENSON. Mr. Speaker, I yield myself such time as I may
consume.
The gentleman has fully explained the terms of the rule before us. It
is an open rule. We support the rule. We encourage our colleagues to do
the same.
Among the waivers provided by the rule, all of which are technical in
nature, is a waiver of clause 5(a) of rule XXI prohibiting
appropriations in an authorization bill. That waiver was agreed to by
the Committee on Rules without objection at the request of this
gentleman from California and is needed to protect a provision in the
bill as reported by the Committee on the Judiciary. That provision,
offered by the gentleman from California [Mr. Moorhead], was approved
by voice vote in that committee.
The Moorhead amendment seeks to insure funds appropriated for fiscal
year 1995 for the purposes of reimbursing States and local governments
for the cost of incarcerating illegal aliens convicted of felonies are
available to local as well as to State governments. The Moorhead
amendment is, in fact, merely a restatement of existing law as approved
in last year's crime bill.
No new spending is involved, as the gentleman from New York [Mr.
Solomon] explained, so the waiver of clause 5(a), rule XXI, is a
technical one as well. This is an issue--this particular one of
reimbursement to localities--is an issue that this particular
gentleman, along with several others, including especially the
gentleman from California [Mr. Berman], has been working on for some
time now.
In fact, my amendment to the 1994 crime bill not only required for
the first time that these reimbursement payments be made to the States
but also for the first time directed local governments be eligible to
receive those funds as well.
Mr. Speaker, H.R. 668, the Criminal Alien Deportation Improvement
Act, is intended to strengthen existing laws to ensure the swift
deportation of aliens who commit crimes and to crack down on alien
smuggling.
For example, the bill expands the number of aggravated felonies for
which an alien can be deported and limits the review of deportation
orders for criminal aliens.
The rule permits any germane amendments to be offered, so any
concerns that our colleagues may have with specific provisions of the
bill can be addressed under this rule.
Mr. Speaker, to repeat, we support this rule. It is, in fact, an open
rule. We urge our colleagues to approve it so that we may commence
consideration of this important legislation today.
Mr. Chairman, I yield such time as he may consume to our
distinguished colleague, the gentleman from Massachusetts [Mr.
Moakely], the ranking member.
Mr. MOAKLEY. Mr. Speaker, I think the gentleman for yielding me this
time.
Mr. Speaker, yesterday in the Committee on Rules a wonderful thing
happened. In the interest of bipartisan cooperation, Democrats and
Republicans worked out an agreement to allow the Moorhead amendment.
I thank Chairman Solomon for his wisdom and for his going beyond the
call and also the Republican members on the Committee on Rules for
working with us.
Mr. Speaker, I look forward to many, many more of these problems
being worked out in the Committee on Rules, and maybe a new day is
dawning.
Mr. BEILENSON. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, once again I am delighted to rise in support
of a wide open rule that offers all Members the chance to become
involved in this important debate. The issue of crime as it relates to
illegal immigration is one of great significance to many Americans, and
especially to the people of Florida. The statistics tell the story of
how illegal immigration and crime have joined together to wreak havoc
in States like Florida. In Florida, we would need to build 4 to 5 more
prisons just to house criminal aliens--at an estimated cost of $80 to
$120 million. By strengthening the laws providing for prompt
deportation of criminal aliens and making penalties more certain for
deported aliens who return to this country illegally, we take a big
step in helping States--especially border States--cope with the complex
challenges and of illegal immigration. Obviously Florida will benefit
in the long run by a more efficient system for speeding deportations,
but in the meantime, the costs continue to mount as we grapple with the
fact that approximately 10 percent of our prison population is made up
of illegal aliens.
For too long, illegal immigration has been a problem sloughed off
onto the States. This is a Federal problem--caused by failures in
Federal policies--and it is highly appropriate that the Federal
Government step in with solutions. H.R. 668 is just such a step
forward.
I am grateful for the bipartisan effort in the Rules Committee--led
by Mr. Beilenson and Mr. Dreier--to come up with a creative way to
solve a thorny Budget Act problem posed by language in this bill. In
considering the preceding crime bill--the prison bill--yesterday, we
demonstrated that the spirit of compromise can lead to a win-win
situation. We included important language in the prison bill providing
priority in securing crucial resources to States that have been
straining to meet the demands of illegal immigration on their prison
systems. Deliberative democracy has been working at its best in this
House during the course of this debate and I commend all of those
involved for their persistence. I urge support of this rule and H.R.
668.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 69 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 668.
{time} 1414
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 668) to control crime by further streamlining deportation of
criminal aliens, with Mr. Dreier in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida [Mr. McCollum] will be
recognized for 30 minutes, and the gentleman from Michigan [Mr.
Conyers] will be recognized for 30 minutes.
The Chair recognizes the gentleman from Florida [Mr. McCollum].
Mr. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, H.R. 668 makes several amendments to the immigration
laws to further address the problem of aliens who commit serious crimes
while they are in the United States. While several bills in the last
Congress began to address this problem, they have not gone far enough.
Of particular concern is the recent increase in alien smuggling
crime. Organized crime rings in this country, with ties to others
abroad, have developed to prey upon illegal immigrants who want to come
to the United States. These criminals extort large sums from these
illegal immigrants in return for passage to the United States and for
the fraudulent documents they need to obtain entry. In many cases,
these illegal immigrants cannot pay these fees and, once they arrive
here, are forced into involuntary servitude, prostitution, and other
crimes in order to repay these fees. In some cases, such as the
``Golden Venture'' in New York City, the attempt to smuggle these
illegals goes tragically wrong and people die.
H.R. 668 attempts to deal with this problem by designating a number
of offenses common to organized immigration crime as ``aggravated
felonies.'' Aliens who commit aggravated felonies can be deported from
the country following their incarceration. These
[[Page H1589]]
changes will enable the Government to deport those aliens who commit
alien smuggling crimes after they serve their incarceration.The bill
also strengthens the expedited deportation procedures of existing law.
These procedures streamline the deportation process with respect to
criminal aliens who are not legal permanent residents. Under H.R. 668,
aliens who enter the country as permanent residents on a conditional
basis and then commit serious crimes will also be placed into this
expedited deportation process.
The bill also tightens one of the defenses to deportation. Under
present law, persons who are legal permanent residents and have lived
in the country for 7 years may assert their years of residence as a
defense to deportation, but this defense does not apply if they have
been convicted of an aggravated felony and served 5 years in prison.
Unfortunately, for all practical purposes, the Government must wait 5
years to begin deportation proceedings against these criminals. Not
only does this result in administrative inefficiency but, on occasion,
allows criminal aliens to escape deportation when their incarceration
ends before the deportation process is completed. H.R. 668 would remedy
these problems by allowing the Government to bring deportation
proceedings against the alien whenever the alien is sentenced to 5 or
more years in prison, regardless of the time actually served.
H.R. 668 will also allow the Government to deport aliens who have
resided in the country for less than 10 years and who are convicted of
any felony crime involving moral turpitude. Under current law, persons
convicted of crimes of moral turpitude can only be deported if they
have been sentenced to, or serve, at least 1 year in prison.
Finally, in order to help Federal law enforcement officials combat
organized immigration crime, the bill adds a number of immigration-
related offenses as predicate acts under the Rico statute, one of the
principal tools that Federal law enforcement officials use to fight
organized crime. And to complement this provision, the bill also gives
Federal law enforcement officials the authority to utilize wiretaps to
investigate certain immigration-related crime.
Mr. Chairman, this bill is modest in length but is a sizable step
forward in the Government's effort to fight alien smuggling and to rid
ourselves of those noncitizens who commit serious crimes in our
country. By removing from our society those aliens who do not respect
our laws, we make our streets safer for citizens and noncitizens alike.
I urge my colleagues to vote for this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the subcommittee chairman, the distinguished gentleman
from Florida, has very adequately described the bill. I agree with his
interpretations.
H.R. 668 would amend the Immigration and Naturalization Act and other
laws to make it easier to deport aliens who commit crimes in the United
States and to provide law enforcement officials with additional tools
to fight violations of immigration laws.
The bill would broaden the definition of ``aggravated felony''
established by the 1994 crime bill so as to expand the reach of the
summary deportation procedures that were put into effect last year.
The 1994 act permits the INS to use an abbreviated administrative
process with no right to an administrative hearing and with a limited
right to judicial review to deport an alien--other than a lawful
permanent resident--who commits an ``aggravated felony.'' The Attorney
General is specifically denied the ability to withhold deportation of
such individual on other grounds; for example, asylum.
The list of offenses that would be considered to be ``aggravated''
felonies would be expanded to include certain crimes related to
gambling, prostitution, document fraud, reentry of deported alien at
improper time or place, commercial bribery, counterfeiting, forgery,
trafficking in vehicles the identification numbers of which have been
altered, perjury, bribery of a witness, and failure to appear to answer
charges.
The procedures for removal of such aliens would be further
streamlined and their reach extended to include aliens who are admitted
to the United States as lawful permanent residents, but on a
``conditional bases.'' Such conditional status is conferred on the
spouses--and spouses' children--of citizens and lawful permanent
residents as a device to discourage fraudulent marriages and deny
participants of such fraudulent marriages the benefits of lawful
permanent resident status. The bill also adds a requirement that
expedited proceedings be conducted, in or translated for the alien
into, a language the alien understands.
In addition, H.R. 668 would amend the Immigration and Nationality Act
to extend a restriction that exists on the Attorney General's
discretion to provide relief from deportation--under INA section
212(c)--for lawful permanent residents who have committed an
``aggravated'' felony. Such relief is now limited to individuals who
have lived in the United States for more than 7 years, but who have
served sentences of less than 5 years. The bill amends the law to deny
the availability of section 212(c) relief to lawful permanent residents
who are sentenced, rather than serve 5 years.
Other significant provisions of H.R. 668:
Collateral attacks of a deportation order in a subsequent prosecution
that is based on violation of the order would be limited;
Certain alien smuggling-related offenses would be added to the list
of Rico-predicate offenses;
The Attorney General would be granted authority to seek wiretaps in
connection with alien smuggling investigations; and
Aliens who are convicted of a felony crime involving moral turpitude
within 5 years of entry--10 years in the case of legal permanent
resident aliens--would be deportable, regardless of sentence actually
imposed. Under current law, aliens who commit crimes of moral turpitude
can only be deported if they are actually sentenced to or serve at
least 1 year in prison.
Finally, the Violent Crime Control and Law Enforcement Act of 1994
would be amended to ensure that units of local government are eligible
for reimbursement for the cost of incarcerating convicted criminal
aliens.
{time} 1420
Mr. Chairman, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I have no more requests for time, and I
reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield 2 minutes to the gentleman from
New Jersey [Mr. Menendez].
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. I thank the gentleman for yielding this time to me.
Mr. Chairman, I rise today to support this legislation. New Jersey's
13th District is the home to many immigrants, immigrants who are proud
to reside in this great land and immigrants who abide by her laws.
For most of these individuals, America is an opportunity, an
opportunity to work, an opportunity to succeed, and an opportunity to
provide a better life for their children.
However, I believe it is time we send the message that America is
also a privilege and if you choose to violate her laws, your privileges
will be revoked. You will be tried, you will be convicted, and you will
be deported.
It is right to seek reimbursement to States for the incarceration of
criminal aliens. The burden on the State for the incarceration of
criminal aliens is overwhelming, and it is unfair to expect the
American people to bear this expense. In June 1989, the GAO estimated
that 22 percent of the Federal prison population were aliens and over
half had been convicted of a crime for which they could be deported; at
a cost of over $15,000 per prisoner per year this is unacceptable. For
New Jersey this means annual costs of $6.6 million for the
incarceration of criminal aliens. And in New York City, across the
Hudson River from my district, in a 15-month period 12,300 aliens were
arrested for felonies.
In the same way that we revoke the privilege of freedom from other
criminals, we should revoke that which is
[[Page H1590]] most sacred to criminal aliens, their residence in the
United States.
Mr. Chairman, I join in supporting the deportation of criminal
aliens. The American people cannot afford to support the costs of
criminal aliens and, more important, they should not have to.
Mrs. FOWLER. Mr. Chairman, I rise today in support of H.R. 668, the
Criminal Alien Deportation Improvements Act. As a member of the Florida
delegation, I am a strong supporter of legislation which effectively
and fairly addresses immigration-related problems. H.R. 668 does just
that, by making it easier to deport criminal aliens who have been
convicted of a felony. Any Representative who values law and order
should be proud to support this bill.
In the past, it has sometimes been difficult for the Government to
deport even those aliens who have committed very serious crimes. It is
time that we correct this problem. There is absolutely no reason that
such people should enjoy the benefits of living in the United States
after committing crimes.
H.R. 668 does more than just streamline deportation procedures for
criminal aliens. It also establishes a criminal alien identification
center which will help law enforcement authorities locate criminal
aliens. It is an excellent commonsense bill, and I urge my colleagues
to support it.
Mr. KENNEDY of Massachusetts. Mr. Chairman, Peter King of New York
and I have been working hard on a provision of this bill for the past
year. This particular provision would apply the RICO statute to alien
smuggling crimes. This means that when a criminal act involves the
trafficking of human beings, the Department of Justice can use the full
scope of the law to prosecute the smugglers by allowing higher fines,
longer prison sentences, and seizing the assets of the organized
enterprises committing these crimes, not just individuals.
In the past couple of years we have heard about boatloads of Chinese
immigrants being brought to the United States under horrifying
conditions--weeks with no clean water, minimal food, and unsanitary
conditions beyond imagination. The gangs responsible for smuggling
these people into the United States then force them into slave labor,
working 12- to 14- hour days, 7 days a week in gruesome conditions just
to pay off the $30,000 to $40,000 debt they incurred. These horrible
abuses at the hands of people willing to profit from the trade of human
beings must be stopped.
Mr. Chairman, I want to be perfectly clear. Some people are trying to
flee their homelands for legitimate reasons. This country has a
longstanding tradition of granting asylum to people who are fleeing
their home because of political persecution. I believe very strongly in
this policy. What we are talking about here today is very different.
The purpose of this provision is to address the problem of slave trade,
where traffickers use the dream of America and freedom to lure people
into the bondage of slavery for their own profit.
Mr. PACKARD, Mr. Chairman, there are over 450,000 criminal aliens on
probation, in prison, or on parole in the United States. Our Federal,
State, and county criminal justice systems can no longer bear this
awesome burden. The Republican crimefighting agenda seeks to ease this
troublesome load by providing more effective crimefighting tools.
The Criminal Alien Deportation Act, H.R. 668, cracks down on criminal
aliens by allowing swifter deportation procedures and stiffer smuggling
penalties. Speeding up the deportation process frees up more of our
scarce prison resource. Currently, criminal aliens constitute one-
fourth of our prison population.
Our Republican crime bill recognizes the staggering costs that
criminal aliens place on our judicial system. Criminal immigrants cost
the State and county criminal justice systems more than $500 million
per year. These are costs we cannot sustain.
Mr. Chairman, the Criminal Alien Deportation Act affects every
taxpayer in America. Speeding up the deportation process saves American
taxpayer dollars and frees up jail space to allow us to keep more
criminals off our streets.
Mr. CONYERS. Mr. Chairman, I have no other requests for time, and I
yield back the balance of my time.
Mr. McCOLLUM. Mr. Chairman, I have no further requests for time, and
I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
The committee amendment in the nature of a substitute printed in the
bill, as modified by the amendment printed in section 2 of House
Resolution 69, shall be considered by sections as an original bill for
the purpose of amendment, and pursuant to the rule each section is
considered as having been read.
During consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition to a Member
offering an amendment that has been printed in the designated place in
the Congressional Record. Those amendments will be considered as having
been read.
The Clerk will designate section 1.
The text of section 1 is as follows:
H.R. 668
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Criminal
Alien Deportation Improvements Act of 1995''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional expansion of definition of aggravated felony.
Sec. 3. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 4. Restricting the defense to exclusion based on 7 years permanent
residence for certain criminal aliens.
Sec. 5. Limitation on collateral attacks on underlying deportation
order.
Sec. 6. Criminal alien identification system.
Sec. 7. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 8. Wiretap authority for alien smuggling investigations.
Sec. 9. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 10. Payments to political subdivisions for costs of incarcerating
illegal aliens.
Sec. 11. Compensation for incarceration of undocumented criminal
aliens.
Sec. 12. Miscellaneous provisions.
Sec. 13. Construction of expedited deportation requirements.
The CHAIRMAN. Are there any amendments to section 1? If not, the
Clerk will designate section 2.
The text of section 2 is as follows:
SEC. 2. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED
FELONY.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section
222 of the Immigration and Nationality Technical Corrections
Act of 1994 (Public Law 103-416), is amended--
(1) in subparagraph (J), by inserting ``, or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling
offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i),
(B) by redesignating clause (ii) as clause (iii), and
(C) by inserting after clause (i) the following new clause:
``(ii) is described in section 2421, 2422, or 2423 of title
18, United States Code (relating to transportation for the
purpose of prostitution) for commercial advantage; or'';
(3) by amending subparagraph (N) to read as follows:
``(N) an offense described in paragraph (1)(A) or (2) of
section 274(a) (relating to alien smuggling) for which the
term of imprisonment imposed (regardless of any suspension of
imprisonment) is at least 5 years;'';
(4) by amending subparagraph (O) to read as follows:
``(O) an offense (i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport
or instrument in violation of section 1543 of title 18,
United States Code, or is described in section 1546(a) of
such title (relating to document fraud) and (ii) for which
the term of imprisonment imposed (regardless of any
suspension of such imprisonment) is at least 18 months;''
(5) in subparagraph (P), by striking ``15 years'' and
inserting ``5 years'', and by striking ``and'' at the end;
(6) by redesignating subparagraphs (O), (P), and (Q) as
subparagraphs (P), (Q), and (U), respectively;
(7) by inserting after subparagraph (N) the following new
subparagraph:
``(O) an offense described in section 275(a) or 276
committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph;''; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for which a
sentence of 5 years' imprisonment or more may be imposed;
``(S) an offense relating to obstruction of justice,
perjury or subornation of perjury, or bribery of a witness,
for which a sentence of 5 years' imprisonment or more may be
imposed;
``(T) an offense relating to a failure to appear before a
court pursuant to a court order to answer to or dispose of a
charge of a felony for which a sentence of 2 years'
imprisonment or more may be imposed; and''.
[[Page H1591]] (b) Effective Date.--The amendments made by
subsection (a) shall apply to convictions entered on or after
the date of the enactment of this Act, except that the
amendment made by subsection (a)(3) shall take effect as if
included in the enactment of section 222 of the Immigration
and Nationality Technical Corrections Act of 1994.
The CHAIRMAN. Are there amendments to section 2? If not, the Clerk
will designate section 3.
The text of section 3 is as follows:
SEC. 3. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS
WHO ARE NOT PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the
Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added
by section 130004(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A) and
inserting ``or'', and
(B) by amending subparagraph (B) to read as follows:
``(B) had permanent resident status on a conditional basis
(as described in section 216) at the time that proceedings
under this section commenced.'';
(2) in paragraph (3), by striking ``30 calendar days'' and
inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking ``proccedings'' and
inserting ``proceedings'';
(4) in paragraph (4)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(B) by adding after subparagraph (C) the following new
subparagraphs:
``(D) such proceedings are conducted in, or translated for
the alien into, a language the alien understands;
``(E) a determination is made for the record at such
proceedings that the individual who appears to respond in
such a proceeding is an alien subject to such an expedited
proceeding under this section and is, in fact, the alien
named in the notice for such proceeding;''.
(5) by adding at the end the following new paragraph:
``(5) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in the Attorney General's discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section
106 of the Immigration and Nationality Act (8 U.S.C. 1105a),
as added by section 130004(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), is
amended to read as follows:
``(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.''.
(c) Presumption of Deportability.--Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is amended
by inserting after subsection (b) the following new
subsection:
``(c) Presumption of Deportability.--An alien convicted of
an aggravated felony shall be conclusively presumed to be
deportable from the United States.''.
(d) Effective Date.--The amendments made by this section
shall apply to all aliens against whom deportation
proceedings are initiated after the date of the enactment of
this Act.
The CHAIRMAN. Are there amendments to section 3? If not, the Clerk
will designate section 4.
The text of section 4 is as follows:
SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS
PERMANENT RESIDENCE FOR CERTAIN CRIMINAL
ALIENS.
The last sentence of section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) is amended by striking
``has served for such felony or felonies'' and all that
follows through the period and inserting ``has been sentenced
for such felony or felonies to a term of imprisonment of at
least 5 years, if the time for appealing such conviction or
sentence has expired and the sentence has become final.''.
The CHAIRMAN. Are there amendments to section 4? If not, the Clerk
will designate section 5.
The text of section 5 is as follows:
SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING
DEPORTATION ORDER.
(a) In General.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended by adding at the
end the following new subsection:
``(c) In a criminal proceeding under this section, an alien
may not challenge the validity of the deportation order
described in subsection (a)(1) or subsection (b) unless the
alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to criminal proceedings initiated after the date
of the enactment of this Act.
The CHAIRMAN. Are there amendments to section 5? If not, the Clerk
will designate section 6.
The text of section 6 is as follows:
SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-312) is amended to
read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization 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
identification system. The criminal alien identification
system 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.''.
The CHAIRMAN. Are there amendments to section 6? If not, the Clerk
will designate section 7.
The text of section 7 is as follows:
SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES
AS RICO-PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is amended
(1) by inserting ``section 1028 (relating to fraud and
related activity in connection with identification documents)
is the act indictable under section 1028 was committed for
the purpose of financial gain,'' before ``section 1029'';
(2) by inserting ``section 1542 (relating to false
statement in application and use of passport) if the act
indictable under section 1542 was committed for the purpose
of financial gain, section 1543 (relating to forgery or false
use of passport) if the act indictable under section 1543 was
committed for the purpose of financial gain, section 1544
(relating to misuse of passport) if the act indictable under
section 1544 was committed for the purpose of financial gain,
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) if the act indictable under section 1546
was committed for the purpose of financial gain, sections
1581-1588 (relating to peonage and slavery),'' after
``section 1513 (relating to retaliating against a witness,
victim, or an informant),'';
(3) by striking ``or'' before ``(E)''; and
(4) by inserting before the period at the end the
following: ``, or (F) any act which is indictable under the
Immigration and Nationality Act, section 274 (relating to
bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of
alien for immoral purpose) if the act indictable under such
section of such Act was committed for the purpose of
financial gain''.
The CHAIRMAN. Are there amendments to section 7? If not, the Clerk
will designate section 8.
The text of section 8 is as follows:
SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (n),
(2) by redesignating paragraph (o) as paragraph (p), and
(3) by inserting after paragraph (n) the following new
paragraph:
``(o) a felony violation of section 1028 (relating to
production of false identification documents), section 1542
(relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) of this title or a violation of section
274, 277, or 278 of the Immigration and Nationality Act
(relating to the smuggling of aliens); or''.
The CHAIRMAN. Are there amendments to section 8? If not, the Clerk
will designate section 9.
The text of section 9 is as follows:
SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF
MORAL TURPITUDE.
(a) In General.--Section 241(a)(2)(A)(i)(II) of the
Immigration and Nationality Act (8 U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
``(II) is convicted of a crime for which a sentence of one
year or longer may be imposed,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens against whom deportation proceedings
are initiated after the date of the enactment of this Act.
The CHAIRMAN. Are there amendments to section 9? If not, the Clerk
will designate section 10.
The text of section 10 is as follows:
SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF
INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal year
1995 shall be available to carry out section 242(j) of the
Immigration and Nationality Act in that fiscal year with
respect to undocumented criminal aliens incarcerated under
the authority of political subdivisions of a State.
The CHAIRMAN. Are there amendments to section 10? If not, the Clerk
will designate section 11.
[[Page H1592]] The text of section 11 is as follows:
SEC. 11. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in 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 the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is
amended by adding at the end the following: ``Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(2) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) is
amended by striking ``and nothing in'' and all that follows
through ``1252(i))''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the Immigration and
Nationality Technical Corrections Act of 1994 (Public Law
103-416).
The CHAIRMAN. Are there amendments to section 11? If not, the Clerk
will designate section 12.
The text of section 12 is as follows:
SEC. 12. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this title shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
The CHAIRMAN. Are there amendments to section 12, the last section of
the bill?
If not, are there amendments at the end of the bill?
amendment offered by mr. cunningham
Mr. CUNNINGHAM. Mr. Chairman, I offer an amendment, amendment No. 4.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Cunningham:
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.
(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 reentry 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 or 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.
The CHAIRMAN. Pursuant to the unanimous consent request, the
gentleman from California [Mr. Cunningham] will be recognized for 10
minutes.
The Chair recognizes the gentleman from California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Chairman, this amendment directs the Secretary of
State and the Attorney General to study and report to Congress within 6
months a report on the use and effectiveness of the Prisoner Transfer
Treaty with Mexico. The report will be valuable to Congress as we begin
a broader overhaul of immigration policy.
Specifically, the report is to outline the number of criminal aliens
who have been or are eligible for transfer under the treaty.
{time} 1430
Specifically, the report is to outline the number of criminal aliens
who have been or are eligible for transfer under the treaty, the
current treaty, and the number who actually have been transferred by
Federal, State, and local institutions. The administration is directed
to recommend to Congress changes in policy and consult with the Mexican
Government to identify where the treaty can be improved. Indeed
Attorney General Reno has discussed with her Mexican counterpart to
begin looking at ways to improve this treaty.
This amendment is in line with the recommendations of the Jordan
Commission, sanctioned by President Clinton, who supports efforts to
simplify the process for transferring criminal aliens to prisons in the
country of their origin to serve out there terms.
One of the problems we have, Mr. Chairman, is that our system and the
treaty has not been working. We are looking for a faster method to
transfer prisoners from country to country with the acceptance of both
of those countries.
As of June 1994, there were some 8,000 Mexicans in Federal prisons
eligible for transfer. There are also a large number serving in State
prisons. According to the Urban Institute's 1994 report on the fiscal
impact of illegal immigration, there were some 21,395 illegal aliens
incarcerated in California, New York, Florida, Texas, Illinois, New
Jersey, and Arizona. In California, the Urban Institute concluded the
State bears an annual cost of $368 million to incarcerate approximately
15,000 illegal aliens, and I will not go through the rest of it, Mr.
Chairman.
Mr. CONYERS. Mr. Chairman, will the gentleman yield?
Mr. CUNNINGHAM. I yield to the gentleman from Michigan.
Mr. CONYERS. Mr. Chairman, I have looked this amendment over, and
there is no problem with directing a study to be completed, within 6
months back to us, about the prisoner transfer treaty with Mexico, and
so on this side we would be delighted to accept the amendment.
Mr. McCOLLUM. Mr. Speaker, will the gentleman yield?
Mr. CUNNINGHAM. I yield to the gentleman from Florida.
Mr. McCOLLUM. Mr. Chairman, we have examined the amendment as well,
and the Crime Subcommittee and others who are involved in this bill and
the management of it find it to be a good amendment, and we would urge
its adoption.
Mr. CUNNINGHAM. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California [Mr. Cunningham].
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to the last section?
amendment offered by mr. moran
Mr. MORAN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Moran: Page 14, line 6, insert the
following new section (and conform the table of contents
accordingly):
[[Page H1593]] 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 State 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.
Mr. MORAN. Mr. Chairman, the purpose of this amendment is simple. It
establishes an office within the Department of Justice which would
provide assistance to State and local governments seeking to try aliens
who commit crimes in this country and then flee to their homeland in
order to escape justice.
A classical example occurred in Arlington, VA, with an illegal
immigrant from El Salvador:
John Douglas was an elderly man. He was walking home from a metro,
and he was shot in cold blood. Attempted robbery; I do not think he
even had any money on him. But the person who killed him, Mr. Eduardo
Lazarios, was an illegal alien from El Salvador. He was indicted, but
he could not be prosecuted because he fled to his homeland shortly
after the murder. He is not the first to take advantage of the fact
that a criminal from El Salvador can flee to El Salvador and escape
punishment. The only recourse for the Douglas family was to attempt to
try him in his homeland. This, however, is very complicated. The
witnesses do not have to be transported necessarily, but all the
documents have to be gathered, they have to be translated, they have to
be submitted to the nation
where the offender resides. Smaller police departments cannot do this.
In fact, I asked how often this occurs. Just in Arlington County
alone, which is a relatively small county, there is another criminal
who hit and killed a little 3-year-old girl. He was an illegal
immigrant from El Salvador. He has escaped justice completely. We have
another murderer who escaped justice in this way.
We have two other criminals in Alexandria. We have a similar
situation, a list of people who have escaped to El Salvador.
Now these are just two counties that I happen to represent. There
must be thousands of people across the country who have escaped
prosecution by being able to go to a country that does not have a
reciprocal agreement with the United States.
Mr. Chairman, all we are asking that we do is to have the resources
within the Justice Department to enable State and local police
departments and prosecutorial offices to be able to pursue these
people. Ultimately I would like to do something with foreign aid that
says that rather than the millions of dollars we are giving to El
Salvador and asking for very little in return, that at the very least
we ask for reciprocal agreements so they send these people, these
criminals, back to this country so they can be prosecuted.
Mr. McCOLLUM. Mr. Chairman, will the gentleman yield?
Mr. MORAN. I yield to the gentleman from Florida.
Mr. McCOLLUM. I think the gentleman from Virginia [Mr. Moran] is
offering a very constructive amendment to this bill. I wholeheartedly
concur in it, and I will join with him in voting for this amendment and
encourage my colleagues to do so. It is perfectly acceptable on our
side.
Mr. MORAN. Mr. Chairman, I thank the gentleman from Florida.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Virginia [Mr. Moran].
The amendment was agreed to.
The CHAIRMAN. Are there further amendments?
amendment offered by mr. horn
Mr. HORN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Horn: 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 requirements 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.
Mr. HORN. Mr. Chairman, this proposal is bipartisan in origin. I have
nine cosponsors: The gentleman from California [Mr. Beilenson], the
gentleman from California [Mr. Bilbray], the gentleman from California
[Mr. Condit], the gentleman from California [Mr. Gallegly], the
gentleman from Michigan [Mr. Knollenberg], the gentleman from
California [Mr. Moorhead], the gentleman from New Jersey [Mr. Saxton],
the gentlewoman from Florida [Mrs. Thurman], and the gentlewoman from
California [Ms. Woolsey].
What this does is asks the President, advises him, to begin
negotiations, renegotiations no later than 90 days after the date of
enactment of this act of the bilateral prisoner transfer treaties, and
the focus is on expediting the transfer of aliens unlawfully in the
United States to ensure that the transferred prisoner goes back to the
country from which he illegally came, and that he serves the balance of
the sentence imposed by the U.S. courts, and to eliminate any
requirement of prisoner consent to such transfer, and then we ask the
President, after that negotiation, to submit to Congress annually a
certification as to whether or not the prisoner transfer treaties in
force are effective in returning aliens unlawfully in this country who
have committed offenses for which they are incarcerated in the United
States.
Mr. McCOLLUM. Mr. Chairman, will the gentleman yield?
Mr. HORN. I yield to the gentleman from Florida.
Mr. McCOLLUM. This is a very good amendment, certainly acceptable on
my side. I hope it is acceptable to the gentleman from New York and the
gentleman from Michigan. We find this to be a noncontroversial
amendment and agree to accept it.
Mr. HORN. Mr. Chairman, I am delighted to say that the gentleman from
Michigan [Mr. Conyers] did consent to this amendment.
Mr. Chairman, at this point in my remarks I submit for the Record the
text of a statement concerning the amendment.
The statement referred to is as follows:
Mr. Chairman, today, I rise to offer an amendment to H.R. 668, the
Criminal Alien Deportation Act. Bipartisan cosponsors include Mr.
Beilenson, Mr. Bilbray, Mr. Condit, Mr. Gallegly, Mr. Knollenberg, Mr.
Moorhead, Mr. Skelton, Mrs. Thurman, and Ms. Woolsey.
The amendment urges the President to renegotiate the existing
bilateral Prisoner Transfer treaties with Mexico and other countries
which have large numbers of criminal aliens in United States prisons.
Specifically, the President needs to ensure that a transferred prisoner
serves out the balance of the sentence imposed by Federal and State
courts, and to eliminate any requirement of prisoner consent to such a
transfer.
Current treaty language stipulates that incarcerated aliens must
consent to their transfer. This is an outrageous option to provide
those who have not only crossed our borders illegally but who have also
committed crimes while they have been here.
Many States, including California, will no longer release
incarcerated aliens for deportation, prior to the completion of their
sentence, because there are no guarantees that they will serve out the
remainder of the sentence upon transfer. In many cases, these criminals
have returned to the United States to commit additional crimes.
Currently, the American taxpayer is paying the toll twice--for the
crimes committed here and for the cost of housing alien inmates in our
already overcrowded prison system. The Federal Bureau of Prisons
reports that approximately 24 percent of those in Federal
[[Page H1594]] prisons are non-U.S. citizens, at a cost per inmate of
$20,803 per year. Expenses associated with the arrest, prosecution,
court proceedings, housing, and parole supervision of these criminal
aliens are estimated to cost California approximately $475 million for
fiscal year 1995. Last year the estimate was between $350 and $375
million.
Mr. Speaker, the House has debated, at length, the issue of
reimbursement to States for the incarceration of criminal aliens. Last
year's crime bill authorized a reimbursement plan of $1.8 billion over
the next 6 years to offset State costs. As we can see these costs will
only continue to escalate. It is futile for Congress to simply react,
rather than prevent, the problems resulting from criminal aliens.
Without addressing the need to renegotiate the prisoner transfer
treaties, all proposed remedies are nothing more than one bag of sand
trying to stop the waters released by a ruptured dam.
These treaties have not been addressed since 1976, almost two decades
ago. The language that currently exists is insufficient and has not
yielded effective results. The treaties are outdated and it is time we
change our approach.
I think the majority and minority leadership for accepting this long
overdue proposal.
{time} 1440
The CHAIRMAN. Is the gentleman from New York [Mr. Schumer] seeking
time in opposition to the amendment?
Mr. SCHUMER. Mr. Chairman, I am not opposed, but I wish to seek time.
The CHAIRMAN. The gentleman from New York is recognized for 10
minutes.
Mr. SCHUMER. Mr. Chairman, I yield 3 minutes to the gentleman from
New York [Mr. Nadler].
Mr. NADLER. Mr. Chairman, I rise in opposition to this legislation
because it is written so broadly that our Government will inevitably
use it to send political and religious refugees back to their
oppressors. As such, it is at odds with our Nation's highest traditions
and goes well beyond what is needed to protect the American people from
criminals.
No reasonable person wants to see criminals go free. No citizen wants
to see the United States become a haven for criminals from around the
world. No taxpayer wants to get stuck with the tab for the upkeep of
criminals who come here to prey on Americans.
If this bill provided simply for the detention of criminals, there
would be no controversy.
If this bill provided simply for the deportation of violent felons,
there would be no debate.
Existing law already provides for this. In fact, criminals are
detained and deported every day.
But this bill provides near-summary deportation of people without so
much as a hearing to determine whether the individual is a legitimate
refugee, that is someone who has fled his or her homeland because of a
well founded fear of persecution.
This is something that should be of profound concern to each of us.
Many of our families came here fleeing persecution and extermination.
As the representative of more holocaust survivors and their children
than any Member of this body, I can tell you that the memory of people
being sent back to die in the Nazi concentration camps by our
Government is still vivid and bitter in the communities I represent.
People should be punished for their crimes, but do we want to have
the death penalty for car theft? That is what this bill would do. A
person convicted of trafficking in stolen cars could be deported and
could not even have a court hear evidence that he would be persecuted
or murdered if deported.
Is that really what our constituents want? Send car thieves summarily
back to the Nazis? Is that what America stands for?
Sure we want to be protected from criminals. I can tell you that I
have to walk on the streets of New York and Washington just like my
neighbors. I am not immune from crime. My family is not immune. But
there is no need for us to behave in such a senselessly barbarous
manner. Let us enforce the laws, but let us do it right and let us not
lose sight of who we are or what this country is about.
Mr. SCHUMER. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. HORN. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. The question is on the amendment of the gentleman from
California [Mr. Horn].
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to the last section?
amendment offered by mr. cunningham
Mr. CUNNINGHAM. Mr. Chairman, I offer an amendment, designated No. 3.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Cunningham: 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.
The CHAIRMAN. The gentleman from California [Mr. Cunningham] is
recognized for 10 minutes in support of his amendment.
Mr. CUNNINGHAM. Mr. Chairman, my amendment requires the Attorney
General and the Commissioner of the INS to develop and implement a
program for interior repatriation.
This amendment is in line with recommendations of the Jordan
Commission which concluded,
In the case of Mexico, repatriation of deported criminal
aliens to the area of Mexico from which they came, rather
than simply to the border. Removals should be done in
coordination with Mexican authorities who may then determine
if there is a warrant for the arrest of the criminal alien
for crimes committed in Mexico.
The Jordan Commission concluded that interior repatriation
``increases the cost and logistical difficulty to criminal aliens who
try to reenter the United States. Interior repatriation can be a
deterrent * * * ''
One of the biggest problems we face with illegal immigration is that
we are fighting the same battle over and over again. Every night, the
Border Patrol picks up many of the same aliens, processes them, and
drives them to the border gate. Within hours, the same aliens are
crossing the border again.
The INS announced this week their intention of establishing a pilot
program in the area of interior repatriation. They are planning a
limited trial of voluntary interior repatriation, for those involved in
deportation hearings. While this is a step in the right direction, I
believe we need to be bolder.
My amendment is straightforward. Within 6 months of enactment the
Justice Department and the INS need to get a program in place. Aliens
from Canada or Mexico who have entered this country illegally at least
three times are to be returned to locations not less than 500
kilometers from the border.
In the midst of this larger debate over criminal aliens, we should
not forget that illegal immigration is itself a crime. Each and every
alien who enters this country illegally has broken our laws and is in
fact a criminal alien.
I believe this amendment will help to stem the tide of illegal
immigration and I urge its adoption by the Committee.
Mr. Chairman, I yield such time as he may consume to the gentleman
from California [Mr. Bilbray].
Mr. BILBRAY. Mr. Chairman, I rise in support of this amendment. Let
me just say as an individual who lives on the Mexican border, or very
close, I look out my front doorstep and I can see the bull ring by the
sea in Tijuana, the northern side, the fact is that it is very
frustrating for everyone, including the law enforcement agencies that
have to enforce our laws, but especially the citizens that have chosen
their home to happen to be in the corner of our Nation. But too often
it is treated almost as if we are not part of this Nation.
Mr. Chairman, I strongly support the Cunningham amendment for the
reason that the revolving door that we find on the border has to be
stopped. Frankly, I think we could get a lot more attention from our
neighbors to the south about this problem if we could make
[[Page H1595]] sure that those who are chronic crossers could be
returned all the way to the Federal District so that they would see in
Mexico City exactly what we that live along the border have to
confront.
Let me close by saying, Mr. Chairman, that this is not just a problem
that impacts those of us who live on the north side of the frontier.
The citizens of Baja California Norte and citizens of Mexico along the
border suffer again and again from the crime and the smuggling activity
that this bill is trying to address. I think for those of us that live
on both sides of the border along our frontiers, we need to be
represented with this amendment, and I strongly ask Members to adopt
this amendment.
Mr. CUNNINGHAM. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the gentleman from California [Mr. Bilbray] was not
only a mayor in south San Diego, but also was a county commissioner,
and has the expertise in this area and has seen it as well as we have
in north San Diego County.
Mr. SCHUMER. Mr. Chairman, I yield such time as he may consume to the
gentleman from New York [Mr. Serrano].
Mr. SERRANO. Mr. Chairman, I was concerned. Let me first say I am in
support of the bill in general, and I am in support of the provisions
of having aliens who commit crimes be deported. But I am wondering now
on the question of Mexico's sovereignty and how you impose this kind of
a situation? Maybe I missed that part of the gentleman's statement. Is
this an agreement that you hope will be signed in Mexico determining
where the person must be deported to?
Mr. CUNNINGHAM. If the gentleman will yield, first of all, the Jordan
Commission recommended that the 500 kilometers be adopted; second, that
there would be a negotiation with the host country, whether it be
Canada or Mexico, where that would be resolved. I will not restate the
problem. All we are trying to do is have them repatriated deep into the
interior so they do not turn around and come back the next night.
The CHAIRMAN. If there are no further requests for time, the question
is on the amendment of the gentleman from California [Mr. Cunningham].
The amendment was agreed to.
amendment offered by mr. foley
Mr. FOLEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Foley: 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 and 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.''.
The CHAIRMAN. The gentleman from Florida is recognized for 10 minutes
in support of his amendment.
Mr. SCHUMER. Mr. Chairman, will the gentleman yield?
Mr. FOLEY. I yield to the gentleman from New York.
Mr. SCHUMER. Mr. Chairman, I will make the gentleman a deal here. If
the gentleman will speak for less than 1 minute, we will not oppose the
amendment and we will not call a vote, so we can get Members out of
here. It is a bipartisan group asking for that.
Mr. FOLEY. Mr. Chairman, I rise in support of this amendment. I am
being supported by my good colleague, the gentleman from North Carolina
[Mr. Burr]. We hope to provide for early release and deportation of
criminals within our prison system who have committed crimes of a
nonviolent manner. Currently we have an overcrowding in all of our
prisons, both State and Federal. This would provide the U.S. attorney
and the Attorney General to be able to release those and send them home
prior to the completion of their sentence.
Mr. Chairman, I rise today to offer an amendment to H.R. 668 with my
colleague from North Carolina, Congressman Burr.
The purpose of our amendment is to authorize the Attorney General to
deport criminal aliens who have been convicted of nonviolent offenses
before the completion of their prison sentence in Federal or State
prisons.
This problem is especially pervasive at the State level. For example,
the State of Florida has approximately 5,504 criminal aliens in State
corrections facilities on any given day, annually costing Florida
taxpayers on average more than $14,000 per inmate. Therefore, the U.S.
Attorney General will work in conjunction with the States to determine
which nonviolent criminal aliens will be deported.
Our amendment also establishes stiff penalties for deported aliens
who return to the United States. They will be forced to serve the
remainder of their original sentence, plus expanded penalties for
reentry under current law, with no possibility of parole or supervised
release. Any alien who is deported pursuant to this provision will be
notified of these penalties at the time of their deportation.
The reason we are offering this amendment is twofold: to keep violent
criminals in jail and to save taxpayer dollars for the incarceration of
nonviolent criminal aliens.
In the face of soaring crime rates and overcrowded prisons, law
enforcement officials are releasing criminals, many of whom are violent
offenders, before they have been justly punished. On average, State
inmates who have been convicted of any offense only serve about 40
percent of their sentence. This sobering realization is a
tragedy for America.
The question we are asked today is no longer ``Do we have to release
criminals early?'' Rather, it has become, ``Which criminals do we
release early?'' This is a sad commentary on our criminal justice
system, but today we have the opportunity to change this mindset and
ensure that violent criminals are kept where they belong: behind bars.
Our prison system is failing to adequately protect U.S. citizens from
violent criminals.
Revolving door syndrome: releasing murderers, rapists, child
molesters back into our neighborhoods before they have served their
time, only to commit another crime.
How many times have we heard the consequences of their release on the
evening news or in the local newspaper?
I call your attention to a newspaper headline about the senseless
murder of a Florida State student and the rape of his sister in Ocala,
FL. One of the men charged with the vicious attack was on early release
from an overcrowded Florida prison where he was serving time for a
grand theft conviction. He had an arrest record dating back to 1985,
for charges ranging from contempt of court to burglary and grand theft.
The question we must ask ourselves today is how can we bring some
order back to our criminal justice system?
The amendment Congressman Burr and I have offered addresses one
aspect of this problem.
As many of my colleagues are aware, criminal aliens have flooded our
prisons in recent years. We provide them with clothes, food, and a
bed--all at taxpayer expense.
One in four Federal inmates are not U.S. citizens, costing American
taxpayers more
[[Page H1596]] than $400 million annually. (Justice Department.)
The number of noncitizens in U.S. prisons has nearly tripled in the
past 5 years. (U.S. Bureau of Prisons.)
Nonviolent criminal aliens are using scarce prison space which should
be used for violent criminals. Under our amendment, approximately
15,774 criminal aliens would be eligible for deportation.
This problem is underscored by the inability of the Immigration and
Naturalization Service [INS] to effectively deport criminal aliens
after they serve their sentence; under current law, they must complete
their sentence before deportation.
Most aliens are notified by mail about their deportation date. Not
surprisingly, they rarely show up for scheduled deportation.
In fact, the INS has a list of more than 48,000 fugitives who failed
to show up for their scheduled deportation.
Our amendment would expedite the deportation process while they are
in prison by authorizing the Attorney General to deport nonviolent
criminal aliens following their final conviction and before they have
completed their sentence.
unqualified success of pilot program in florida
Approximately 225 alien inmates were deported from Florida prior to
completing their sentence, saving State taxpayers more than $6 million.
Texas comptroller estimates the State could save $10 million over 5
years in prison costs and $42.4 million in construction costs by
deporting nonviolent criminal aliens.
In these days where priorities are a buzzword in Congress, I ask my
colleagues, is the detention of nonviolent criminal aliens truly a
priority when we are releasing violent criminals to continue their
assault on society?
It is more sensible to deport nonviolent criminal aliens to their own
countries, saving taxpayer dollars and reducing the burdens on our
Federal and State prison system.
We have a valuable opportunity to calm the fears of Americans and
keep violent criminals behind bars.
I want to thank my colleague from North Carolina. We had similar
amendments to address the flood of criminal aliens in our prison system
and I am glad we have joined together in this endeavor.
Urge colleagues to support the amendment. I yield back the balance of
my time.
amendment offered by mr. burr to the amendment offered by mr. foley
Mr. BURR. Mr. Chairman, I offer an amendment to the amendment.
The Clerk read as follows:
Amendment offered by Mr. Burr to the amendment offered by
Mr. Foley: Strike paragraph (2) of the quoted material in
section 14(a) and insert the following:
``(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 (other than alien smuggling), 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 (other than alien smuggling), (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.
The CHAIRMAN (during the reading). Without objection, the amendment
is considered as read and will be printed in the Record.
There was no objection.
{time} 1450
Mr. BURR. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to offer a modification to the amendment
offered by the gentleman from Florida and myself. In short, this
amendment would include alien smuggling in the list of violent offenses
that require a criminal alien to complete his sentence prior to
execution of a final order of deportation.
I would like to provide you with some facts about criminal aliens you
may or may not already know.
Approximately 27 percent of the Federal prison population is
considered noncitizens.
The American taxpayer pays almost half a billion dollars per year to
feed, clothe, and house these inmates.
Number of noncitizen Federal inmates, 22,326.
Cost per inmate per year, $20,885.
Cost per year for all noncitizen inmates, $466 million.
Number of criminal aliens eligible for early deportation under this
amendment, 15,774.
Estimated maximum savings if Attorney General deports all eligible
criminal aliens, $329 million.
H.R. 668 is a good bill because it takes major strides toward quick
and effective deportation of criminal aliens.
It shortens the Attorney General's time limit for obtaining
deportation orders, expands the definition of aggravated felony, and
severely limits the types of relief from deportation the Attorney
General can provide.
However, it lacks the provisions necessary to deal with the
unsettling realities I noted earlier.
Specifically, the Foley-Burr amendment would give the Attorney
General the ability, at her discretion, to execute a deportation order
of a criminal alien prior to completion of his sentence. However, the
Attorney General cannot deport a criminal alien early if the criminal
alien has been convicted of a violent offense or, as my modification
stipulates, alien smuggling.
By making this distinction, we ensure that the worst of the criminal
aliens receive their due punishment while alleviating a weighty
financial burden on the taxpayer.
Mr. Chairman, I urge acceptance of this modification which the
gentleman from Florida graciously accepts, acceptance of this amendment
to H.R. 668, and support for the bill itself.
Mr. SCHUMER. Mr. Chairman, will the gentleman yield?
Mr. BURR. I yield to the gentleman from New York.
Mr. SCHUMER. Mr. Chairman, we have seen the amendment and can accept
it, without any speeches at all.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from North Carolina [Mr. Burr] to the amendment offered by
the gentleman from Florida [Mr. Foley].
The amendment to the amendment was agreed to.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida [Mr. Foley] as amended.
The amendment, as amended, was agreed to.
The CHAIRMAN. Are there further amendments to the bill?
The question is on the committee amendment in the nature of a
substitute, as modified, as amended.
The committee amendment in the nature of a substitute, as modified,
as amended, was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Bilirakis) having assumed the chair, Mr. Dreier, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill, (H.R. 668) to
control crime by further streamlining deportation of criminal aliens,
pursuant to House Resolution 69, he reported the bill back to the House
with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. McCOLLUM. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 380,
nays 20, not voting 34, as follows:
[Roll No. 118]
YEAS--380
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
[[Page H1597]] Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Tucker
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--20
Clay
Clyburn
Conyers
Dellums
Fattah
Flake
Greenwood
Hastings (FL)
Hilliard
McDermott
Nadler
Owens
Payne (NJ)
Rangel
Reynolds
Scott
Thompson
Towns
Watt (NC)
Williams
NOT VOTING--34
Ballenger
Becerra
Berman
Bliley
Boucher
Brewster
Brown (FL)
Coble
Collins (MI)
Deutsch
Edwards
Frost
Gejdenson
Gibbons
Goodling
Hall (OH)
Houghton
Johnson, Sam
Johnston
Lantos
Lofgren
McNulty
Meehan
Metcalf
Parker
Quillen
Rose
Shaw
Sisisky
Smith (TX)
Smith (WA)
Stark
Watts (OK)
Woolsey
{time} 1513
Messrs. SHADEGG, COLEMAN, and BARR and Mrs. MEEK of Florida changed
their vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________