[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9888-H9891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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Since the pilot program began in November of last year, over 1,400
inmates have been interviewed at the Ventura County Jail. Of that
number, almost 60 percent have been found to be deportable criminal
aliens. This legislation will make permanent this vital crime-fighting
tool, and will also help other affected communities across the Nation.
Like the current pilot program, H.R. 1493 would require the INS to
screen for deportable criminal and illegal aliens prior to arraignment,
thus preventing the release of these individuals back onto our streets
and into our communities.
The bill also calls for a GAO study on expanding the program by
allowing INS agents to conduct off-site verification of prisoners using
computers or other electronic means.
In our desire to address concerns raised during the hearing on H.R.
1493, the bill was improved in several ways as it moved through the
committee process. First, the bill was changed to phase in the pilot
program to 100 high-impact counties over a 4-year period. It is
important to note that the INS will expand this program only to
counties that request to participate. Second, implementation of this
expanded program was made subject to funds appropriated. Lastly, the
bill was amended in the Committee on the Judiciary to ensure that at
least 20 percent of the counties selected will be in the interior of
the country.
One of the reasons this program has been so successful, Mr. Speaker,
is the fact that it is a point of entry system. It identifies criminal
deportable aliens that are booked, not just those serving prison
sentences. After being booked or after serving their sentence,
deportable criminal aliens are turned over to the INS for detention and
deportation. This eliminates the possibility of their release back into
our communities.
Equally important is the program's ability to identify criminals
prior to their first arraignment before a judge, providing the
magistrate with the true identity of the suspect and accurate criminal
record information. Testifying on behalf of H.R. 1493, law enforcement
officials from California cited the shocking example of a criminal
alien who had been arrested 34 times, including 13 burglaries, and had
used 51 different names and 13 different birthdays. Mr. Speaker, there
are many instances where, had this pilot program been in place, tragedy
would have been averted.
One such incident recently occurred in my district. A criminal alien
was sentenced to 25 years to life in prison for murdering in cold blood
in daylight a defenseless Santa Paula restaurant owner, Isabela Guzman.
The man convicted of this cold-blooded murder had been arrested not
once, but three times for assault with a deadly weapon. If this program
had been in place at the time of the previous arrests, this killer
would have been identified and deported, and Isabela Guzman most likely
would be alive today.
The program has been one of the few instances where a Federal program
has been tested at the local level and found to be a resounding
success. In the area where the program has been operating, local law
enforcement and local government officials are very supportive of its
continuation and expansion. In addition, the measure has garnered
bipartisan support throughout this House.
Mr. Speaker, by enacting H.R. 1493, we are finally able to identify
and deport criminal aliens at the time they are arrested and before
they are back on our streets committing more violent crimes and
destroying lives of countless victims.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1493. Mr. Speaker, this
legislation would provide assistance to communities in identifying
people who have been arrested who are either deportable criminal aliens
or who are unlawfully present in the United States. It builds on
successful pilot projects, such as the one in Anaheim, CA, which
identified a substantial number of individuals who are either in the
United States illegally or who might otherwise be subject to
deportation.
The bill would require the Attorney General to detail INS employees
to certain selected local government jails and prisons in order to
identify prior to arraignment deportable criminal aliens or aliens
unlawfully in the United States.
The program will be focused on jurisdictions having high
concentrations of aliens who are illegally in this country. It would
have the benefit of providing better information to immigration
authorities and local governments about the extent to which illegal and
criminal aliens are in our criminal justice system and would provide
immigration authorities with the information they need to remove those
individuals who should not be in the United States at all, much less to
remain here to commit crimes.
I want there to be no mistake, this Nation has benefited tremendously
from immigration and from the contribution of the many millions of
people who came here from other lands. In my own city of New York,
immigrants are rebuilding old neighborhoods right now and contributing
to a rebirth of our city. We should welcome and support them, and not
confuse those many law-abiding immigrants with the few who would
disregard our laws.
But the United States has every right, as do all nations, to expect
that its laws will be respected and obeyed. The enforcement of the
immigration laws is the responsibility of the Federal Government. The
failure of the Federal Government to do so has placed a real burden on
some local communities, a burden which the pilot program established by
this bill will help alleviate. I urge approval of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield 2 minutes to my good friend, the
gentleman from California, [Mr. Horn].
Mr. HORN. Mr. Speaker, I thank the gentleman for yielding time to me,
and praise the gentleman's authorship of this constructive legislation.
Mr. Speaker, H.R. 1493 expands nationwide the successful
prearraignment identification programs currently run by the Immigration
and Naturalization Service at the city of Anaheim and Ventura County
jails. This means that 100 such programs will be phased in across the
United States over the next 4 years.
Under these programs, all criminals booked into a local incarceration
facility are identified as either citizens, legal aliens, or illegal
aliens by a full-time officer of the Immigration and Naturalization
Service who has access to the nationwide INS database. The INS officer
is detailed to the facility. Those identified by INS as illegal aliens
are deported. This is the most effective way to identify criminal
illegal aliens and ensure they are deported and not released back into
our communities.
Criminal illegal aliens are an outrage three times over. First, they
break our immigration laws by crossing the border illegally or by
overstaying of a legitimate visa. Second, all too many of them put our
communities at risk by committing crimes. Third, they impose burdens on
the taxpayers with the costs of their incarceration in American jails.
The program expanded under H.R. 1493 has worked very successfully in
Anaheim and in Ventura County. In its first month the program
identified 33 percent of the arrestees at the Anaheim city jail and 66
percent of the arrestees at the Ventura County Jail as criminal illegal
aliens. Think of it, 33 percent of those arrested, illegal
[[Page H9889]]
criminal aliens. And 66 percent of those arrested, criminal illegal
aliens.
Think about that.
The President needs to renegotiate the criminal alien transfer
treaties so we can deport them if they are convicted and serve time in
their own country. But right now let us pass this useful piece of
legislation.
Mr. NADLER. Mr. Speaker, I yield 5 minutes to the gentleman from
Texas [Mr. Bentsen].
(Mr. BENTSEN asked and was given permission to revise and extend his
remarks.)
Mr. BENTSEN. Mr. Speaker, I want to thank the gentleman from New York
for yielding time to me.
Mr. Speaker, this is a very appropriate bill, not only for the border
States, but also for the entire country. But since I do represent the
border State of Texas, I want to share an experience that I have had
and why this bill is so important.
In Texas today, the Immigration and Naturalization Service estimates
that there are a minimum of about 4,000 undocumented aliens in the
State prison system. But that is a minimum. They really do not exactly
know, and they think the number is actually much higher, so this is a
cost that is being borne by the State taxpayers.
That does not take into account the number of undocumented aliens who
are being held in the various municipal and county jails throughout the
State of Texas. I am sure the same is true in the State of California
and other States around the country.
I want to share with the Members a situation that I had last year
that makes this legislation right on point. In my district in Harris
County, TX, the third largest county in the country, there are about 10
municipalities, including the city of Houston. But outside the city of
Houston, in the city of Pasadena, a community of about 125,000 people,
the city mayor and police chief came to me and said that they had a
problem.
Their biggest problem was with undocumented aliens that they picked
up for various misdemeanor and felony charges, and upon arraignment and
release, they would contact, or try and contact, the regional office or
the district office of the INS and never be able to get through to
anybody to explain to them what was going on and what to do with these
individuals who, once being arraigned under State statute, were now
subject to Federal immigration statute, but nobody was there to follow
through.
After months and months of trying to work with the INS here in
Washington, and joining with my colleagues in the Harris County, TX,
delegation, we finally were able to obtain some relief in getting more
detention beds, going from about 250 detention beds to 750 detention
beds for the Harris County area.
But still, it is far insufficient. Of the deportations that occurred
last year from the Harris County region, of the approximately 3,300,
2,200 were those of criminal aliens. So this is a severe problem. This
legislation will affect and help cities, not just like the city of
Houston, but the cities like Pasadena, Deer Park, LaPorte, and Baytown
that I represent.
So I appreciate the fact that the Committee on the Judiciary has
moved swiftly on this legislation and brought it up. This is a very
serious problem that we have in our country and in our large
metropolitan areas. I will work very hard with Harris County in helping
them apply for this. I hope they can participate in this. I
congratulate both the managers of the bill.
Mr. GALLEGLY. Mr. Speaker, I yield 3 minutes to the gentleman from
Utah [Mr. Cannon].
Mr. CANNON. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, the problems of illegal immigration, while predominant
in, are certainly not confined to, California, Texas, and our other
border States. Illegal immigration has become a nationwide problem
across Interstate 80 from the west and up Interstate 15 from the south.
Illegal immigration has infected States within our interior, States
like Utah, Wyoming, Nebraska, South Dakota, Iowa, and others. These
areas are the new and easy targets of illegal aliens, criminal aliens,
who bring drugs with them.
The most recent Salt Lake City police records, for example, indicate
that 80 percent of arrests for felony level narcotics violations are
undocumented aliens. H.R. 1493, the legislation we are discussing
today, expands the pilot program that has been extremely successful in
the city of Anaheim to several prisons across the Nation.
It is of particular interest to areas like Salt Lake County. One of
the main challenges facing Salt Lake County at this time is inadequate
jail space and lack of identification capabilities for aliens arrested
by local authorities. By identifying illegal aliens prior to
arraignment under this program, they can be deported immediately,
rather than held in local jails at the expense of local taxpayers,
rather than taking up space better used to hold more violent criminals
arrested for committing local crimes, or worse yet, rather than being
set free due to lack of jail space, and endangering the local
populations.
By identifying illegal aliens, the burden which the Federal
Government is currently placing on local entities can be significantly
relieved. We live in times of limited resources. I was concerned that
States like Utah would not be selected to participate in this very
effective program, so during consideration of H.R. 1493 in the
Committee on the Judiciary, I was pleased to have the opportunity to
work with the gentleman from California [Mr. Gallegly], the gentleman
from Texas [Mr. Smith], the gentleman from North Carolina [Mr. Watt],
and other distinguished members of the subcommittee to ensure that our
interior States will be able to reap the benefits of this program.
Of the qualified facilities selected across the Nation for
participation in the program, 20 percent of those must be located in
areas that are not adjacent to a land border. This means that beginning
in 1999, of the up to 25 sites selected for participation, about 5 must
be located in interior areas with high concentrations of illegal
immigration.
While we continue to read report after report of the problems with
the Immigration and Naturalization Service, we must lend our support
today to a program with a proven track record that will assist our
local and State communities to stem the problem of illegal immigration.
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Mr. GALLEGLY. Mr. Speaker, I yield 3 minutes to the gentleman from
California [Mr. Rohrabacher].
Mr. ROHRABACHER. Mr. Speaker, I would like to congratulate the
gentleman from California [Mr. Gallegly]. He has been fighting this
battle for a long time. He has taken many arrows and slings on various
issues, whether it is 245(i) or other issues that have come before this
body dealing with the illegal immigration issue.
Those of us in California know the deleterious effect that illegal
immigration is having on our society and the harmful impact it is
having on the lives of our citizens.
I rise in strong support of H.R. 1493, a bill that will make
permanent and build upon a highly successful INS criminal alien
identification program in Anaheim, CA. This program places INS agents
at the Anaheim city jail to identify illegal aliens after they have
been arrested prior to arraignment, as we have heard. This provides the
judge the information a judge will need to prevent a suspect's release
if he or she is in this country illegally.
Now, Members should understand the significance of what that means. I
am an original cosponsor of H.R. 1493 because I believe it is a
commonsense approach in dealing with those who have broken our
immigration laws. This legislation will also send a clear message to
those who are here illegally that blatantly violate our immigration
laws will no longer be rewarding.
In the first 10 months of this year alone, illegal aliens were
suspects in 22 percent of Anaheim's, this is the city we are talking
about here, Anaheim's murders and 53 percent of all rapes. Illegal
aliens made up 1,800 of the total Anaheim arrests so far this year.
It does not surprise me that those who would not respect our
immigration laws would disregard the civil and criminal laws of our
country as well. Without a program to identify these individuals as
illegal aliens, they will be released into our society after they are
arraigned. So it is imperative for us to make sure that judges
understand who is in this country illegally so that they
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will just not be released. These people, if anybody, should be
deported.
Contrary to what some Members say, a major reason we have a
systematic process for legal immigration to this country is to keep an
eye on individuals who we are finding now showing up in our jails. Our
attempts last week to defeat 245(i) were defeated. Section 245(i) helps
screen out; if we would eliminate that process, illegal aliens were
being screened out because they had criminal backgrounds. But with
245(i), sometimes illegal aliens end up in this society. Now we are
trying to do this to ensure that there is an identification process.
And one last word, and that is, I congratulate the gentleman from
California [Mr. Gallegly] and the gentleman from California [Mr.
Packard] who have worked so hard on this. The INS, under this
administration, has been putting up roadblocks for us to try to get
these illegal aliens in our jails from being deported from this
country. This legislation is a good first step toward deporting illegal
immigrants who are committing crimes and attacking our citizens.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
I will comment very briefly, Mr. Speaker. This has nothing to do with
section 245(i). I am glad we defeated the attempt to eliminate that
last week. The people, in dealing with 245(i), are not criminal aliens,
but this bill that does deal with criminal aliens and people who are
here illegally, I simply want to commend the bipartisan nature of the
cooperation, the bipartisan cooperation with which this bill was
drafted and brought to the floor. Hopefully, it will be passed today. I
urge all my colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would also like to make a point that most of the
criminals who have been identified by this program are not first-time
offenders. During the first 5 months of the pilot program, data
compiled by INS at the Ventura County jail indicated that 70 percent of
those identified as criminal or illegal aliens had at least one prior
conviction. Most of these convictions were for very serious crimes,
including 30 individuals who had prior convictions for aggravated
felonies and 61 who had narcotics convictions.
In closing, Mr. Speaker, I would like to refer to the testimony of
Richard Bryce, the undersheriff of Ventura County Sheriff's Department.
In the subcommittee hearing Mr. Bryce stated, and I quote, to truly
understand the benefit of such a program, it is important to realize
the type of persons it identifies. The criminals, who the INS agents
have determined are illegal aliens, include drug dealers, gang members
involved in drive-by shootings, rapists, and murderers. Many of them
have a long history of criminal activity.
Mr. Speaker, I thank the gentleman from New York [Mr. Nadler] for his
bipartisan approach to working with this legislation, the gentleman
from Texas [Mr. Bentsen] for speaking on it, and many of the other
Members on the other side of the aisle. This truly is a piece of
bipartisan legislation. I urge my colleagues to join us in supporting
this commonsense, crime-fighting legislation.
Ms. SANCHEZ. Mr. Speaker, I rise today to express my strong and full
support for H.R. 1493. In addition, I am submitting two letters I
received regarding this issue.
In particular, I want to call attention to the fact that this bill
will permanently reinstate a criminal alien, prearraignment
identification program at the detention facility in the city of
Anaheim, CA.
This successful INS pilot program has existed in the city of Anaheim
since October 1996.
The pilot program has effectively identified 4,500 undocumented
criminal aliens in city detention facilities before their initial court
appearance. Such suspects often fail to appear for subsequent court
proceedings. The INS can then determine which inmates are in the
country illegally and therefore subject to deportation.
On February 27, 1997, I wrote the Commissioner of the INS to urge
continued operation of the prearraingment pilot program which was set
to expire in April 1997. In addition, I asked the General Accounting
Office to evaluate the cost effectiveness of the project.
On March 14, I received a letter from the city of Anaheim thanking me
for supporting the project as well as suggesting criteria for the GAO
study.
On April 3, the INS informed me that the program had been extended
through June 30, 1997, primarily because of the facts I brought to
their attention in support of the program.
Finally, on June 20, 1997, I joined my colleagues in the Orange
County congressional delegation in a bipartisan letter to the INS to
extend the program. The INS agreed to continue the program indefinitely
pending the continuation of appropriated funds.
I have worked diligently on this issue because criminal conduct has
no place in our communities. Moreover, undocumented criminal aliens
should be quickly and permanently deported.
Not only do I support the permanent deportation of undocumented
criminal aliens, I want them caught before they commit crimes and
jeopardize our communities. Without Federal assistance in undertaking
this law enforcement effort, undocumented criminal aliens could cause
undue harm to women, men, and children.
Furthermore, immigration matters such as the determination of the
immigration status of aliens is a Federal function.
Local law enforcement should not perform the rightful duties of INS
agents. Police must continue to take care when arresting individuals.
Arrests must be based on probable cause and not on some profile based
on ethnicity.
The Federal Government should do all it can to avoid burdening state
and local police budgets with the cost of identifying, apprehending and
deporting undocumented criminal aliens.
As a fiscal conservative, I believe Congress must implement a cost-
effective program that deploys INS enforcement officers in the most
efficient manner.
I believe the bill would help ensure this is accomplished.
We need to ensure that more criminals are captured earlier, before
they have done harm to our people in our districts, and before they end
up being a burden to our local law enforcement.
Congress of the United States,
Washington, DC, June 20, 1997.
Ms. Doris Meissner,
Commissioner, Immigration and Naturalization Service, Chester
Arthur Building, Washington, DC.
Dear Commissioner Meissner: As members of Orange County's
Congressional Delegation, we ask that you continue the City
of Anaheim's Criminal Illegal Alien Pre-Arraignment
Identification Program after June 30, 1997.
As you indicated in a March 17, 1997, letter to Anaheim
City Mayor Tom Daly, ``The INS is constantly striving for new
and innovative law enforcement initiatives to combat the
involvement of foreign nationals in criminal activities. From
all reports I have received thus far, the Anaheim project
certainly has the potential of becoming such an initiative.''
The success of this program, and its sister program in
Ventura County, has led to the introduction of H.R. 1493, a
bill to extend these programs nationwide. The House
Immigration and Claims Subcommittee recently held a hearing
on H.R. 1493, and plans on moving this bill in the near
future.
In light of the fact that the Anaheim program is the only
one of its kind in a city jail, and the only means of
obtaining data from which Congress can evaluate the merits of
this program, we strongly urge you to continue the program.
We look forward to your response to this urgent request.
Sincerely,
Dana Rohrabacher.
Ron Packard.
Loretta Sanchez.
Chris Cox.
Ed Royce.
____
City of Anaheim, CA,
March 14, 1997.
Hon. Loretta Sanchez,
U.S. House of Representatives, Longworth House Office
Building, Washington, DC.
Dear Congresswoman Sanchez: Thank you for your prompt
response to our request for your support and endorsement of
the continuation of the Anaheim/Immigration and
Naturalization Service Pre-arraignment Criminal Alien
Identification pilot project. We appreciate your request to
Commissioner Meissner to continue this effective crime
prevention tool.
With respect to the evaluation on the effectiveness of the
pilot program, we feel it is important that any assessment
include the value of ``point of entry'' identification and
its direct relationship to actual number of suspected
criminal illegal alien deportation. Since the inception of
Anaheim's pilot program with the INS, 344 criminal aliens
were placed directly in deportation proceedings. As you know,
the cornerstone of Anaheim's pilot project is a pre-
arraignment identification program designed to reduce the
burden on local law enforcement and the court system. A
criminal alien identification program at the County level
functions as a post-arraignment system. As an example, in a
County post-arraignment program, the 344 criminal aliens
identified in Anaheim may have never been identified by INS
by the time
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they were incarcerated at a County facility, and therefore
released. Compounding the problem for local agencies is the
``revolving door'' phenomenon (repeat offenders using several
assumed names) that occurs as a result of the absence of INS
expertise at the municipal level. This aspect of the program
(pre-arraignment identification) is the essence of the
program's effectiveness in reducing crime.
In addition to program effectiveness, it is also important
to evaluate the current INS enforcement priorities set forth
by Congress and the Administration. The number of agents
assigned to criminal alien identification programs is
insufficient. Reprioritizing of INS programs, policies, and
resources would address the Commissioner's concerns regarding
the deployment of available agents.
Again, thank you for your consideration and responsiveness
to our request. If you or your staff need additional
information on the Anaheim pilot project, please do not
hesitate to contact us.
Sincerely,
Bob Zemel,
Council Member.
Tom Tait,
Council Member.
Mr. BERMAN. Mr. Speaker, I rise in support of H.R. 1493 which was
introduced by my good friend from California, Mr. Gallegly. I enjoyed
working with my colleague in the drafting of this bill as it addresses
issues which seriously affect our home State. This bill will require
the Attorney General to establish a program in local prisons to
identify, prior to arraignment, criminal aliens and persons unlawfully
present in the United States.
The bill directs the Attorney General to detail Immigration and
Naturalization Service employees to selected city and county
incarceration facilities. This program is different from the
Institutional Hearing Program [IHP], which I also strongly support,
where INS employees are stationed at State and Federal penal
institutions to identify aliens convicted of deportable crimes. The IHP
exists so that deportable criminal aliens can be placed into
deportation proceedings while incarcerated, and then removed from the
United States upon completion of their sentence.
H.R. 1493 will compliment the IHP as it will help identify deportable
aliens AFTER arrest and BEFORE arraignment. This prearraignment process
will identify unlawful residents and persons previously convicted of
deportable crimes even if they are never tried for or convicted of the
offenses for which they have been arrested. These individuals can then
be turned over to the INS for removal from the United States.
This bill is subject to appropriations and participating facilities
are phased in over a 4-year period. The CBO has estimated that this
program will cost between $40 million and $200 million over the 1999-
2002 period. I'm sure we can all agree that funding directed toward
identifying and deporting criminal aliens is well spent.
Illegal immigration is a Federal problem, but its impact is felt
primarily on the local level. It is the responsibility of the Federal
Government to allocate resources to combat the many hardships which are
in turn thrust upon those at the local level. I will continue to fight
for programs which recognize this simple, but vital fact.
I am proud to be a cosponsor of this legislation and I urge my
colleagues to support it.
Mr. KIM. Mr. Speaker, I rise today in strong support of H.R. 1493, a
bill to authorize the Immigration and Naturalization Service to
establish a permanent program to identify criminal illegal immigrants
in local jails around the country. I am particularly pleased because
this bill is patterned after an enormously successful pilot program
that has been in operation in my district since last November.
When I was first elected to Congress in 1992, I immediately began
hearing from law enforcement officials in my district about the
tremendous burden that criminal illegal immigrants were putting on
local jails. In my district and around the country, local authorities
have been forced to house and process criminals, only to later find out
that some are in the United States illegally, and could have been
deported when first identified. Working closely with my congressional
colleagues from Orange County, we looked for ways to help local
communities solve this problem.
At our insistence, last year's Illegal Immigration Reform and
Immigrant Responsibility Act established a pilot program in the Anaheim
City Jail that identified, prior to arraignment, illegal immigrants who
had been picked up for various crimes. Once identified, the illegal
immigrants were immediately placed in deportation proceedings rather
than clogging our local judicial system. In just the first 3 months
that this program was in effect in Anaheim, INS officials placed holds
on 338 inmates, nearly 17 percent of all those the jail processed.
These criminal illegal immigrants were then removed into INS
deportation proceedings, rather than remaining the responsibility of
Anaheim, saving the local government the significant costs associated
with housing and processing these criminals.
Because this pilot program was such a success in Anaheim, I am an
original cosponsor of the bill we are considering today that would
authorize the INS to continue the current program in Anaheim, and
institute similar programs in other jails through my district and
around the country, in communities with the highest concentration of
illegal immigrants. Judging from what I have seen in Anaheim, this is a
program that would provide tremendous benefits to many communities that
are being inundated with criminal illegal immigrants.
Preventing illegal immigration is a Federal responsibility.
Therefore, it is incumbent on the Federal Government to assist local
authorities in combating crimes committed by illegal immigrants. I urge
all my colleagues to support this bill.
Mr. GALLEGLY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore [Mr. Packard]. The question is on the motion
offered by the gentleman from California [Mr. Gallegly] that the House
suspend the rules and pass the bill, H.R. 1493, as amended.
The question was taken.
Mr. GALLEGLY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________