[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.
  

                          ____________________