[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2669-H2673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BORDER TUNNEL PREVENTION ACT OF 2012
Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 4119) to reduce the trafficking of drugs and to
prevent human smuggling across the Southwest Border by deterring the
construction and use of border tunnels, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4119
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tunnel Prevention Act
of 2012''.
[[Page H2670]]
SEC. 2. FINDINGS.
Congress finds the following:
(1) Trafficking and smuggling organizations are
intensifying their efforts to enter the United States through
tunnels and other subterranean passages between Mexico and
the United States.
(2) Border tunnels are most often used to transport
narcotics from Mexico to the United States, but can also be
used to transport people and other contraband.
(3) From Fiscal Year 1990 to Fiscal Year 2011, law
enforcement authorities discovered 149 cross-border tunnels
along the border between Mexico and the United States, 139 of
which have been discovered since Fiscal Year 2001. There has
been a dramatic increase in the number of cross-border
tunnels discovered in Arizona and California since Fiscal
Year 2006, with 40 tunnels discovered in California and 74
tunnels discovered in Arizona.
(4) Section 551 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109 295) added a new
section to title 18, United States Code (18 U.S.C. 555),
which--
(A) criminalizes the construction or financing of an
unauthorized tunnel or subterranean passage across an
international border into the United States; and
(B) prohibits any person from recklessly permitting others
to construct or use an unauthorized tunnel or subterranean
passage on the person's land.
(5) Any person convicted of using a tunnel or subterranean
passage to smuggle aliens, weapons, drugs, terrorists, or
illegal goods is subject to an enhanced sentence for the
underlying offense. Additional sentence enhancements would
further deter tunnel activities and increase prosecutorial
options.
SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A
BORDER TUNNEL.
Section 555 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Any person who attempts or conspires to commit any
offense under subsection (a) or subsection (c) of this
section shall be subject to the same penalties as those
prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.''.
SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR
ELECTRONIC COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is
amended by inserting ``, section 555 (relating to
construction or use of international border tunnels)'' before
the semicolon at the end.
SEC. 5. FORFEITURE.
Section 982(a)(2)(B) of title 18, United States Code, is
amended by inserting ``555,'' after ``545,''.
SEC. 6. MONEY LAUNDERING DESIGNATION.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended by inserting ``section 555 (relating to border
tunnels),'' after ``section 554 (relating to smuggling goods
from the United States),''.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) success in combating the construction and use of cross-
border tunnels requires cooperation between Federal, State,
local, and tribal officials and assistance from private land
owners and tenants across the border between Mexico and the
United States;
(2) the Department of Homeland Security is currently
engaging in outreach efforts in California to certain
landowners and tenants along the border to educate them about
cross-border tunnels and seek their assistance in combating
their construction; and
(3) the Department should continue its outreach efforts to
both private and governmental landowners and tenants in areas
along the border between Mexico and the United States with a
high rate of cross-border tunnels.
SEC. 8. REPORT.
(a) In General.--The Secretary of Homeland Security shall
submit an annual report to the congressional committees set
forth in subsection (b) that includes a description of--
(1) the cross-border tunnels along the border between
Mexico and the United States discovered during the preceding
fiscal year; and
(2) the needs of the Department of Homeland Security to
effectively prevent, investigate and prosecute border tunnel
construction along the border between Mexico and the United
States.
(b) Congressional Committees.--The congressional committees
set forth in this subsection are--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Puerto Rico (Mr. Pierluisi)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 4119, as amended,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 4119, the Border Tunnel Prevention Act of 2012,
strengthens current law and prohibits the construction, use, and
financing of unauthorized tunnels across the U.S. border.
I thank the sponsors of this legislation, Mr. Reyes of Texas and Mr.
Quayle of Arizona, for their work on this bipartisan, bicameral bill.
{time} 1620
Similar legislation passed the Senate by unanimous consent in
January.
This legislation establishes the penalty for conspiracy or attempt to
use, construct, or finance a cross-border tunnel. It also identifies
the construction, financing, or use of a cross-border tunnel as a
predicate offense for a charge of money laundering and for an
application for judicial authorization to intercept wire, oral, or
electronic communications. H.R. 4119 also allows the criminal
forfeiture of property that enters the United States through a cross-
border tunnel.
Reports of drug-smuggling tunnels have increased, particularly in the
past 10 years. Drug traffickers have ramped up their use of underground
smuggling in light of increased border security, either real or
perceived. Mexican drug-trafficking organizations have used tunnels as
a smuggling method since at least 1990.
A majority of cross-border tunnels continue to be found in California
and Arizona. These tunnels range in sophistication from a simple 16-
inch pipe to well-engineered tunnels equipped with electricity,
ventilation, and rails. Ownership of the tunnels is often attributed to
the Mexican drug cartels.
To find cross-border tunnels, U.S. agents use devices that range from
ground-penetrating radar to seismic sensors. Despite these efforts,
drug smugglers continue to build the tunnels.
In November 2011, Federal law enforcement agents shut down two
sophisticated tunnels that led from an area near Tijuana's airport to
an industrial park in the U.S. About 49 tons of marijuana were seized.
Drug traffickers are also skilled at setting up front companies to
rent space in busy warehouse districts in the United States. Mining
engineers and architects are employed to construct the tunnel and bore
directly into the foundation of the front company's rented warehouse.
The Drug Enforcement Administration describes marijuana as ``the top
revenue generator for Mexican drug trafficking organizations--a cash
crop that finances corruption and the carnage of violence year after
year.'' The profits from marijuana trafficking finance the drug
cartels' other drug enterprises, which include the construction and use
of cross-border tunnels.
Border tunnels are an unfortunate testament to the ingenuity and
determination of the Mexican drug cartels. It is time for Congress to
enhance law enforcement's ability to fight transnational organized
crime and the drug cartels' construction of cross-border tunnels. This
bill reaffirms our determination to bring an end to cross-border
tunnels.
When Congress enacted the border-tunnel statute in 2007, it omitted
the changes contained in this bill. H.R. 4119 simply corrects this to
ensure that investigators are equipped with the ability to locate and
shut down these tunnels and hold these dangerous criminals accountable.
I urge my colleagues to support this bipartisan legislation, and I
reserve the balance of my time.
Mr. PIERLUISI. Madam Speaker, I yield myself such time as I may
consume
I rise in support of H.R. 4119, the Border Tunnel Prevention Act of
2012. This bill would strengthen the laws that criminalize the use,
construction, and financing of border tunnels.
[[Page H2671]]
Increasingly, cross-border tunnels are being used to smuggle people,
drugs, and contraband into the United States. They can even be used to
smuggle terrorists or weapons of mass destruction into the country.
Cross-border tunnels present a serious problem for law enforcement, and
I support this bill's efforts to stop the growing use of these tunnels.
This legislation is urgently needed because the number of tunnels has
substantially increased in recent years. Whereas the first documented
tunnel was discovered in 1990, the Department of Homeland Security
reported last year that 154 attempted tunnels have been found since
1990, all but one of which were located along the Southwest border. In
addition, the sophistication of some of these tunnels is also
increasing in recent years. Cross-border tunnels range from small,
hand-dug tunnels barely wide enough for a person to crawl through to
professionally engineered tunnels built by Mexican drug cartels.
In November 2010, an Immigration and Customs Enforcement task force
discovered a tunnel with two separate entrances in warehouses in Otay
Mesa, California. One of the tunnel's walls were fortified with wood
and cinder block supports, and the tunnel was equipped with rail,
electrical, and ventilation systems. The tunnel was being used to
import large amounts of marijuana into the U.S.
Current law already criminalizes the construction of a cross-border
tunnel, allowing such a tunnel to be constructed on your property, or
the use of such a tunnel. H.R. 4119 would strengthen existing law by
making it a crime to attempt to engage in any of these activities, as
well as to participate in any conspiracy involving any of these
activities.
The bill also makes the construction or use of a tunnel a predicate
offense for authorization of wiretaps, provides for criminal asset
forfeiture of merchandise involved in tunneling, and includes a money-
laundering provision. Border tunnels present a real and serious threat
as a burgeoning tool for criminal activities.
I urge my colleagues to join me in supporting this measure which will
help enhance the safety of our Nation's borders.
Madam Speaker, I reserve the balance of my time.
Mr. SMITH of Texas. Madam Speaker, I reserve the balance of my time,
and we are prepared to close.
Mr. PIERLUISI. Madam Speaker, I yield to the gentleman from Texas
(Mr. Reyes) as much time as he may consume to address the merits of
this bill, which he co-sponsored.
Mr. REYES. Madam Speaker, I rise today to ask my colleagues for their
support of H.R. 4119, the Border Tunnel Prevention Act of 2012.
I also would like to express my appreciation and thank my cosponsors,
Congressman Quayle, who I understand is on his way here and we
anticipate that he will be speaking on this, Congressman Chairman
Dreier, and Congressman Thompson. I would, in particular, like to thank
my good friend and colleague from Texas, Chairman Smith, for his
support in bringing this legislation to the floor. I also would like to
thank Senator Feinstein and Senator Kyl for their work on a bipartisan,
bicameral piece of legislation on the Senate side, which is S. 1236,
the companion to the Border Tunnel Prevention Act of 2012.
The Border Tunnel Prevention Act of 2012 strengthens the 2006 Border
Tunnel Prevention Act, which made it a crime to construct or finance an
unauthorized tunnel or subterranean passage across an international
border.
This bill seeks to provide law enforcement officials with enhanced
investigative tools and additional options for prosecuting crimes
related to the construction and financing of cross-border tunnels.
The Border Tunnel Prevention Act of 2012 would criminalize the
attempt or conspiracy to use, construct, or finance a cross-border
tunnel and also permits the forfeiture of bulk cash and merchandise
smuggled into the United States through these illicit passageways.
Thanks to the collaborative efforts of the Obama administration,
Congress, Federal, State, local, and tribal law enforcement
organizations, as well as ordinary Americans, the Southwest border is
more secure than at any point in our Nation's history. Over the past
several years, the Federal Government has dedicated unprecedented
levels of personnel, technology, and resources towards border security.
As a result, apprehensions today are down, and seizures of drugs, guns,
and cash are up. Border cities are among the safest in the country,
including El Paso, which for the second year is the safest city in
America with a population of over half a million people.
While the strengthening of security along the Southwest border has
produced impressive results, it has also led those who want to harm our
country to seek new ways to undermine our efforts. Enhancing the
security of our borders on land, air, and sea has literally pushed drug
cartels and transnational criminal organizations underground as they
try to smuggle illicit drugs and people and other types of contraband,
as my good friend and colleague from Puerto Rico mentioned, to include
the potential for terrorists and weapons of mass destruction being
smuggled into the United States.
Over the last decade, drug cartels and transnational criminal
organizations have been increasing both the use and complexity of
cross-border tunnels. As was said earlier, approximately 154 tunnels
have been discovered between Mexico and the United States since the
1990s, and more than 90 percent of those tunnels have been detected in
this past decade. These cross-border tunnels are becoming more and more
complex.
{time} 1630
I've got a picture to show, and I know that the chairman was
mentioning the complexity of the construction. One such tunnel is the
one that was discovered in November of 2011. It was over 600 yards
long, and you can see, it's got a rail system built in. It's got
sophisticated lighting, and even a system to introduce fresh air into
the tunnel.
No longer are these crude, handmade tunnels. These are sophisticated,
well-engineered, and well-financed projects. So that is why it is
imperative that this legislation be passed. We must give law
enforcement officials the tools that they need to combat this growing
threat to our national security and stop the flow of illicit drugs and
other contraband into the United States.
Accordingly, I am proud to be the author of this, along with
Congressman Quayle, and I urge all my colleagues in Congress to pass
this vital piece of bipartisan legislation so that we can move forward
with helping to defeat the drug cartels and the transnational criminal
organizations and, further, continue the path towards really securing
our borders and protecting our communities.
So with that, let me end by thanking, again, Chairman Smith and my
good friend and colleague from Puerto Rico and urging my colleagues to
support this critical and vital piece of legislation.
Mr. PIERLUISI. Madam Speaker, I am prepared to close. We have no
further speakers, so I urge my colleagues to vote in favor of H.R.
4119, the Border Tunnel Protection Act of 2012.
I yield back the balance of my time.
Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I just wanted to say, we were hoping that the other
author, the other cosponsor of this bill, the gentleman from Arizona
(Mr. Quayle), would be here. Unfortunately, he was detained. His flight
was delayed from Arizona to Washington, D.C.
But in his absence, I just want to thank him for his work on this
bill and for all of his efforts to reduce the amount of cross-border
drug smuggling and thereby protect the lives of individuals in Arizona
and all Americans. He has done great work on this particular piece of
legislation. We all appreciate those efforts.
I yield back the balance of my time.
Mr. SMITH of Texas. Madam Speaker, I submit the following exchange of
letters regarding H.R. 4119.
May 15, 2012.
Hon. Lamar Smith,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, Washington, DC.
Dear Chairman Smith,
On March 21, 2012, the Committee on the Judiciary reported
H.R. 4119, the Border Tunnel Prevention Act of 2012, as
amended, favorably to the House. The Committee on Ways and
Means received an additional referral on the bill as a result
of section 5(b) dealing with civil asset forfeiture, which
[[Page H2672]]
falls within the jurisdiction of the Committee on Ways and
Means. As a result of your Committee's agreement to remove
section 5(b) of the bill, I agree to discharge the Committee
on Ways and Means from further consideration of the bill so
that a suspension version, incorporating the amendments to
which we have agreed, may proceed expeditiously to the House
Floor.
The Committee on Ways and Means takes this action with our
mutual understanding that, by foregoing consideration of H.R.
4119 at this time, we do not waive any jurisdiction over the
subject matter contained in section 5(b) in this or similar
legislation, and that our Committee will be appropriately
consulted and involved if that provision moves forward in any
legislation so that we may address any issues that arise and
fall within our Rule X jurisdiction. Our Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this provision, and requests your support for any such
request.
Finally, I would appreciate your response to this letter
confirming this understanding, and would ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during floor consideration thereof.
Sincerely,
Dave Camp,
Chairman.
____
Congress of the
United States
Washington, DC, May 15, 2012.
Hon. Dave Camp,
Chairman, Committee on Ways and Means, 1102 Longworth House
Office Building Washington, DC.
Dear Chairman Camp, thank you for your letter regarding
H.R. 4119, the ``Border Tunnel Prevention Act of 2012,''
which the Judiciary Committee reported favorably, as amended,
to the House on March 21, 2012.
As introduced, H.R. 4119 contained a provision (section
5(b)) that formed the basis of an additional referral of the
bill to your committee. Today, on a motion to suspend the
rules, the House will consider a version of H.R. 4119 that
does not include section 5(b) of the introduced bill. I am
most appreciative of your decision to discharge the Committee
on Ways and Means from further consideration of H.R. 4119, as
amended, so that it may proceed to the House floor. I
acknowledge that although you are waiving formal
consideration of the bill, the Committee on Ways and Means is
in no way waiving its jurisdiction over the subject matter
contained in those provisions of the bill, including section
5(b) of the bill as reported by the Judiciary Committee,
which fall within your Rule X jurisdiction. In addition, if a
conference is necessary on this legislation, I will support
any request that your committee be represented therein.
Finally, I shall be pleased to include this letter and your
letter of even date herewith in the Congressional Record
during floor consideration of H.R. 4119.
Sincerely,
Lamar Smith,
Chairman
____
March 14, 2012.
Hon. Lamar Smith,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, Washington, DC.
Dear Chairman Smith: I am writing in regards to the
jurisdictional interest of the Committee on Homeland Security
over provisions in H.R. 4119, the ``Border Tunnel Prevention
Act of 2012'', which the Committee on the Judiciary ordered
to be reported out, without amendment, on March 6, 2012.
I understand the importance of advancing this legislation
to the House floor in an expeditious manner. Therefore, the
Committee on Homeland Security will discharge H.R. 4119 from
further consideration. This action is conditional on our
mutual understanding and agreement that doing so will in no
way diminish or alter the jurisdiction of the Committee on
Homeland Security over the subject matter included in this or
similar legislation. I request that you urge the Speaker to
appoint members of this Committee to any conference committee
for consideration of any provisions that fall within the
jurisdiction of the Committee on Homeland Security in the
House-Senate conference on this or similar legislation.
I also request that this response and your letter be
included in the Committee on the Judiciary report to H.R.
4119 and in the Congressional Record during consideration of
this measure on the House floor. Thank you for your
consideration of this matter.
Sincerely,
Peter T. King,
Chairman.
____
March 15, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Chairman King, thank you for your letter regarding
H.R. 4119, the ``Border Tunnel Prevention Act of 2012,''
which is likely to be scheduled for consideration by the
House in the near future.
I am most appreciative of your decision to forego
consideration of H.R. 4119 so that it may move expeditiously
to the House floor. I acknowledge that although you are
waiving formal consideration of the bill, the Committee on
Homeland Security is in no way waiving its jurisdiction over
the subject matter contained in the bill. In addition, if a
conference is necessary on this legislation, I will support
any request that Homeland Security be represented therein.
Finally, I shall be pleased to include this letter and your
letter of March 14, 2012, in the Congressional Record during
floor consideration of H.R. 4119.
Sincerely,
Lamar Smith,
Chairman.
Mr. SCOTT of Virginia. Madam Speaker, the possibility of terrorists
or weapons of mass destruction being transported through border tunnels
is frightening. The possibility of narcotics or trafficking victims
being transported through tunnels is disturbing. And I have real
concerns about tunnels being used for run-of-the-mill illegal
immigration and to smuggle goods or merchandise.
But these things are already illegal. And the penalty for doing any
of these things through a tunnel is already double what it would be if
the unlawful activity had not made use of a tunnel.
When this bill, H.R. 4119, was in the Judiciary Committee, I
commented on what I saw as the redundancies in the bill. We already
have laws against constructing or financing a tunnel between the United
States and another country. The penalty for violating the law is a fine
and up to 20 years in prison. And we have laws against knowing, or
recklessly disregarding, that land you own or lease is being used by
someone else who is building a tunnel, The penalty for that is a fine
and up to 10 years in prison.
H.R. adds attempts to the crimes already available to address border
tunnels. Yet, I wonder how many cases there have been where a
prosecutor was unable to prosecute someone for attempting to construct
a tunnel under the current border tunnel law but would be able to under
H.R. 4119? For U.S. prosecutorial jurisdiction, the tunnel would have
to be started on the U.S. side and not yet have crossed the border into
Mexico to be an attempted border tunnel, because if it has already
crossed the border, it IS a border tunnel, so you don't need an attempt
law. But even before such an attempt is started, and certainly after it
is started, it is already a conspiracy to build a border tunnel, which
is already covered by current law.
We have had no hearings in the House on these issues, so it is not
clear what information we are operating on in developing this bill. The
Department of Homeland Security reports that 154 border tunnels or
attempted border tunnels have been found since 1990. Laura Duffy, U.S.
Attorney for the Southern District of California, stated in testimony
before the Senate Caucus on International Narcotics Control on June 15,
2011, that all of the tunnels discovered thus far were started in
Mexico. So if it takes crossing the border to be a border tunnel, and
all of them are started in Mexico, the ``attempt'' provision of H.R.
4119 does not seem like a very useful tool in addressing border
tunnels. Conspiracy laws, which already exist, would seem to be of
better use. And if existing conspiracy charges are not enough of a
prosecutorial incentive, it would seem you would want to wait until the
tunnel is actually being used so you can really rack up the penalties
for drugs, goods or people smuggling which allows a doubling of
penalties.
Duffy also stated in her testimony that in prosecuting tunnel-related
crimes, the Department of Justice uses the range of drug charges under
Title 21 because the drug charges carry ``stiff mandatory minimum
sentences and sometimes enable prosecutors to use `career offender'
sentencing enhancements.'' When you start doubling such drug penalties
under the provisions of the current border tunnel law, you can easily
get into sentences of many decades.
In addition to adding attempt and increasing the penalty for
conspiracy, H.R. 4119 adds provisions for wire tap, forfeiture, and
money laundering, which should always be done carefully, in my view.
These are extraordinary government powers that were created and
authorized to be used in extraordinary cases and circumstances, not to
address ordinary crime. We have come to routinely add these authorities
to deal with the crime du jour, further cluttering up an already
bloated federal code with multiple, superfluous ways to charge every
crime. There are no U.S. restrictions on the use of wiretaps outside
the U.S. Since the tunnels are seemingly always started in Mexico, it
is not clear what wiretap authorizations add to the investigative
process.
We should not be decorating the criminal code with more and more
pages. We ought to be simplifying the code. While I do think border
tunnels are a serious problem, I believe we already have adequate laws
with very harsh penalties to deal with the problem.
Mr. DREIER. Madam Speaker, illegal border tunnels pose a risk to our
national security and undermine our efforts to protect the border. The
threat lies not only in the illegal trafficking of drugs and humans,
but also in the potential exploitation by terrorists. That is why
[[Page H2673]]
I rise in support of H.R. 4119, the Border Tunnel Prevention Act of
2012. In 2006, I authored the House version of the original Border
Tunnel Prevention Act, which criminalized the construction of illegal
border tunnels into the United States with fines and imprisonment of up
to 20 years. The law also carries a prison sentence of up to 10 years
for those who recklessly allow others to build these tunnels on their
land. In addition, the law doubled the sentence for using a tunnel to
smuggle aliens, weapons, drugs, terrorists or illegal goods.
While the Border Tunnel Prevention Act of 2006 gave law enforcement
agencies powerful tools to combat the construction of illegal border
tunnels, they are still being used by criminals to smuggle drugs and
other materials into our country. For example, last fall, in my home
state of California, I was troubled to learn that an elaborate tunnel
was discovered in San Diego that linked to a warehouse in Tijuana. The
tunnel contained wooden flooring, a rail system and an elevator. Its
discovery led to the seizure of more than 32 tons of marijuana.
Unfortunately, this is just one example of the more than 40 tunnels
that have been discovered in California in the last five years. H.R.
4119 will give law enforcement additional ability to investigate and
prosecute criminals using these tunnels. The bill also prohibits
attempts to use, construct or finance a cross border tunnel. Finally,
it provides for the forfeiture of cash and merchandise that is
illegally brought into our country through a tunnel.
Madam Speaker, H.R. 4119 is a common sense solution that helps combat
those who attempt to illegally bring goods into our country. I urge all
my colleagues to support this important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 4119, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________