[House Report 104-22]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES                 104-22
_______________________________________________________________________


 
          CRIMINAL ALIEN DEPORTATION IMPROVEMENTS ACT OF 1995
_______________________________________________________________________

February 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 668]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 668) to control crime by further streamlining deportation 
of criminal aliens, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
The amendment....................................................     2
Purpose and summary..............................................     5
Background and need for legislation..............................     6
    The provisions of H.R. 688...................................     7
    Enhanced ability to deport criminal aliens...................     7
    Bringing organized crime laws to bear on immigration crimes..     9
Hearings.........................................................     9
Committee consideration..........................................     9
Vote of the committee............................................     9
Committee oversight findings.....................................    12
Committee on Government reform and oversight findings............    13
New budget authority and tax expenditures........................    13
Congressional Budget Office estimate.............................    14
Inflationary impact statement....................................    14
Section-by-section analysis and discussion.......................    14
Agency views.....................................................    17
Changes in existing law made by the bill, as reported............    19
Additional views.................................................    29

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

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''.
  (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.

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.

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.''.

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.

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.''.

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) 
        if 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 ofvisas, 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''.

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''.

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.

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.

SEC. 11. COMPENSATION FOR INCARCERATION OF UNDOCUMENTED CRIMINAL 
                    ALIENS.

  Section 20301(c) of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322) is amended by striking ``2004'' and 
inserting ``1996''.

SEC. 12. 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).

SEC. 13. 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.

                          Purpose and Summary

    H.R. 668 makes several amendments to the Immigration and 
Nationality Act (the ``INA'') and other immigration laws to 
address the problem of aliens who commit serious crimes while 
they are in the United States and to give Federal law 
enforcement officials additional means with which to combat 
organized immigration crime. In some cases, the provisions in 
this bill add to or modify related provisions enacted by the 
Violent Crime Control and Law Enforcement Act of 1994 or the 
Immigration and Nationality Technical Corrections Act of 1994.
    The bill would add certain crimes to the definition of 
``aggravated felony,'' crimes for which aliens can be deported 
from the country following their incarceration. The bill 
modifies the INA to make it clear that the existing expedited 
deportation procedures, which apply to non-resident criminal 
aliens, also apply to aliens admitted for permanent residence 
on a conditional basis. That section also prohibits the 
Attorney General from using the discretionary power otherwise 
allowed under the INA to grant relief from deportation to any 
non-resident alien who has been convicted of an aggravated 
felony.
    The bill would modify that a provision of the INA that 
identifies which aliens may be denied entrance to the United 
States and which aliens may be deported from the country. Under 
present law, persons who are legal permanent residents and have 
lived in the country for seven years may assert that status as 
a defense to certain of the grounds for deportation, and to 
certain of the grounds for excluding them should they leave the 
country temporarily and then return. Currently, this defense is 
not available to those who have been convicted of an aggravated 
felony and served five years in prison. The bill would 
strengthen this exception to allow the Government to exclude 
these persons if they were merely sentenced to five or more 
years in prison for one or more aggravated felonies, regardless 
of the amount of time actually served.
    The bill will amend the law governing cases where an alien 
is charged with illegally reentering the United States after 
having been deported. The penalties for this crime were 
enhanced by the 1994 crime bill. H.R. 668 makes it clear that 
the alien charged with this crime may only challenge the 
validity of the original deportation order in limited 
circumstances.
    H.R. 668 also modifies that part of the 1994 crime act 
which created an ``Criminal Alien Tracking Center.'' The 1994 
act provisions failed to state the purpose of the center. H.R. 
668 specifies that purpose and changes the name to more 
accurately reflect its function. It also modifies current law 
to make it clear that the center is to be operated by the INS 
Commissioner.
    The bill adds a number of immigration-related offenses as 
predicate offenses under the Racketeer Influenced Corrupt 
Organizations Act (``RICO''). The RICO statute is among the 
principal tools that Federal law enforcement officials use to 
combat organized crime. The amendment made by this section will 
extend the definition of ``predicate acts'' to enable them to 
use the statute to combat alien smuggling organizations. The 
bill also gives Federal law enforcement officials the authority 
to utilize wiretaps to investigate certain immigration-related 
crimes.
    Finally, H.R. 668 will amend the INA to deport aliens who 
have been in the country for less than five years (and legal 
permanent resident aliens who have resided in the country for 
less than 10 years) and who are convicted of a 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 one year in prison.

                Background and Need for the Legislation

    Several amendments to the Immigration and Nationality Act 
(8 U.S.C., et. seq.) (the ``INA'') and to other immigration-
related statues were made during the 103d Congress. Most of 
those amendments were made either by Title XIII of the Violent 
Crime Control and Law Enforcement Act of 1994 (Pub. L. No. 103-
322), or by the Immigration and Nationality Technical 
Corrections Act of 1994 (Pub. L. No. 103-416). Many of these 
amendments enacted provisions dealing with the incarceration 
and deportation of criminal aliens.
    The increasing public attention paid to our nation's 
immigration policies has brought to light the high number of 
aliens, both legal and illegal, who commit crimes while 
enjoying the benefits of this country. The significant cost 
that incarcerating those criminals place on our society has 
also come to the forefront of the national debate on this 
subject. In the past, many aliens who committed serious crimes 
were released into American society after they were released 
from incarceration, where they then continue to pose a threat 
to those around them. The government's attempts to deport those 
aliens committing the most serious crimes has proved to be 
ineffective. These concerns led the Committee, after 
consultation with the Department of Justice, to take steps 
legislatively during the 103d Congress to help ensure that 
aliens convicted of serious crimes are promptly removed from 
our society after serving their sentence. That legislation also 
authorized funds to help state and local governments defray a 
portion of the cost of incarcerating criminal aliens.
    In addition to these problems, the Committee has also noted 
with concern the development and increase of organized alien 
smuggling rings. This new form of organized crime preys upon 
those with the most laudable intentions--the desire to make a 
better life in the United States. Unfortunately, the 
participants in these smuggling rings not only bring illegal 
aliens into the United States in violation of American law but 
charge those seeking to come to the United States sizable fees 
for their unlawful services. In many cases, the smuggled aliens 
are unable to pay the fees in full and are then coerced into 
involuntary servitude, prostitution, or other illegal 
activities in order to repay the fees for their illegal 
passage. In some cases, the carelessness of smugglers leads to 
the deaths of those they are transporting.
    The Committee believes that additional legislation is 
needed to help federal law enforcement officials combat 
organized immigration crime. Additionally, the Committee 
believes that some of the provisions relating to criminal 
aliens need to be enhanced. Accordingly, the Committee has 
drafted H.R. 668 as an interim step towards addressing these 
problems. The Committee believes, however, that further 
consideration of the provisions of the INA, and other laws 
dealing with the problem of criminal aliens and organized 
immigration crime, is needed. Accordingly, the Committee will 
give further attention to these matters during the 104th 
Congress to determine if additional legislation is needed in 
this area of the law.

                       The Provisions of H.R. 668

    The most significant provisions of H.R. 668 are intended to 
accomplish one or both of two broad goals. First, the Committee 
has drafted provisions that will strengthen the government's 
ability to efficiently deport aliens who are convicted of 
serious crimes. Second, the Committee has added immigration 
crimes to those crimes that the federal government may 
investigate as predicate offenses under the RICO statute.

Enhanced ability to deport criminal aliens

            Amendment to the definition of ``aggravated felony''
    One of the steps the Committee recommends to accomplish the 
first goal is to add several crimes to the definition of 
``aggravated felony.'' Aliens who commit aggravated felonies 
can be deported from the United States when they complete their 
incarceration. Many of the crimes added to this list are those 
often committed by persons involved in organized immigration 
crime. The crimes added to this definition include: certain 
gambling offenses; crimes involving transportation of person 
for the purpose of prostitution; alien smuggling; 
counterfeiting forging or trafficking in immigration and other 
documents; and trafficking in stolen vehicles.
    In adding crimes to the list, effort was made to ensure 
that the overall reach of the definition would be consistent 
with the sentencing guidelines established by the United States 
Sentencing Commission. With only certain limited exceptions, 
the Committee attempted to ensure that all of the crimes 
defined as aggravated felonies carry a base offense level of at 
least 12. These minimums have been selected to ensure that only 
the most serious crimes, or the more serious convictions of 
lesser crimes, render the alien deportable.
    The Committee recognizes that persons fleeing persecution 
must sometimes use false immigration documents in order to 
successfully flee that persecution. Officials from the 
Department of Justice have assured the Committee that persons 
who have been persecuted or have a well-founded fear of 
persecution and who use fraudulent documents to escapes 
persecution and enter the United States are not prosecuted for 
the creation or use of those documents in that effort. The 
Committee believes this discretion in enforcing the laws 
prohibiting this activity is appropriate. Nothing in H.R. 668 
is intended to change that practice.
    In considering which crimes should be designated as 
aggravated felonies, the Committee has also been mindful of the 
provisions of section 243(h) of the INA. Under that section, a 
person who is deportable may prevent their deportation if they 
can demonstrate that their life or freedom would be threatened 
in the country to which they would be deported. However, this 
defense is not available to persons who commit aggravated 
felonies. In proposing the amendments to the definition of 
aggravated felony, the Committee continues to be concerned with 
the fact that deportation may result in a threat to the life or 
freedom of some aliens. The Committee believes, however, that 
the crimes defined as aggravated felonies are those that 
clearly demonstrate a disregard for this nation's laws. In the 
view of the Committee, those who choose not to abide by this 
nation's laws, and particularly those whose criminal activity 
physically harms others, have no legitimate claim to remain in 
the United States.
            Further streamlining deportation of aliens who are not 
                    permanent aliens
    Another step that the Committee believes will help 
accomplish this first goal is to further streamline the 
expedited deportation procedures that apply to criminal aliens 
who are not permanent residents. These procedures give the 
Attorney General the right to deport an alien who is not a 
legal permanent resident and who commits an aggravated felony, 
without placing that alien in the usual, more time-consuming, 
deportation process. The bill provides that persons who are 
legal permanent residents on a conditional basis (i.e., those 
persons recently married to American citizens or those persons 
who emigrate to the U.S. on employment creation visas) should 
be eligible for this expedited process if they are convicted of 
an aggravated felony during their period of conditional 
permanent residence.
    H.R. 668 provides that any alien who is not a legal 
permanent resident and who is convicted of an aggravated felony 
should be conclusively presumed to be deportable. The bill also 
restricts the time period during which the alien may seek 
judicial review of the deportation order issued in this 
expedited proceeding from 30 to 14 days. Further, the bill 
limits a court's authority to review any petition for review or 
any petition for habeas corpus relief relating to the 
deportation order to a determination of whether the alien being 
held for deportation is the alien named in the deportation 
order and whether the alien was convicted of an aggravated 
felony. During this review, the alien is not entitled to 
challenge his or her underlying conviction for aggravated 
felony. Finally, H.R. 668 eliminates the Attorney General's 
discretion to grant relief from deportation to these aliens.

Bringing organized crime laws to bear on immigration crimes

    In order to accomplish its second goal, the Committee has 
added several immigration crimes to the list of predicate acts 
set forth in the Racketeer Influenced and Corrupt Organizations 
(``RICO'') law applies. The RICO statute is one of the 
principle tools that federal law enforcement officials use to 
combat organized crime. Adding as RICO predicate acts crimes 
such as forgery and false use of passports, visas, permits, and 
other documents, and the alien smuggling crimes of the INA, 
will enable federal law enforcement officials to use the RICO 
law to combat alien smuggling operations. To further complement 
that effort, the bill provides federal law enforcement 
officials with the authority to use wiretaps to investigate 
these crimes.

                                Hearings

    The Committee's Subcommittee on Crime held two days of 
hearings on H.R. 3, the ``Taking Back Our Streets Act of 
1995,'' on January 19 and 20, 1995. H.R. 668 incorporates 
virtually all of the provisions of Title VIII of H.R. 3. No 
testimony directly related to H.R. 668 was received during the 
hearings.

                        Committee Consideration

    On January 27 and 30, 1995, the Committee met in open 
session and ordered reported the bill H.R. 668 with amendments 
by a recorded vote of 22 to 8, a quorum being present.

                         Vote of the Committee

    1. An amendment by Mr. McCollum to make a technical change 
in the bill. The McCollum amendment would change the name of 
the Criminal Alien Tracking Center to Criminal Alien 
Identification System. The McCollum amendment was agreed to by 
voice vote.
    2. An amendment by Mr. Moorhead to ensure that funds 
appropriated for FY 1995 for the purpose of reimbursing states 
and local governments for the costs of incarcerating criminal 
aliens are available to local governments. The Moorhead 
amendment was agreed to by voice vote.
    3. Mr. Berman offered an amendment to modify the 
authorization under current law enabling the federal government 
to reimburse states and local governments for the cost of 
incarcerating criminal aliens. The Berman amendment would 
provide that this authorization not be subject to the 
availability of appropriations on or after October 1, 1996. The 
Berman amendment was adopted by a 20-14 rollcall vote.
        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. McCollum                        Mr. Sensenbrenner
Mr. Gallegly                        Mr. Coble
Mr. Canady                          Mr. Smith (TX)
Mr. Inglis                          Mr. Schiff
Mr. Bono                            Mr. Goodlatte
Mr. Flanagan                        Mr. Buyer
Mr. Conyers                         Mr. Hoke
Mrs. Schroeder                      Mr. Heinman
Mr. Frank                           Mr. Bryant (TN)
Mr. Schumer                         Mr. Chabot
Mr. Berman                          Mr. Barr
Mr. Bryant (TX)                     Mr. Boucher
Mr. Nadler                          Mr. Reed
Mr. Scott
Mr. Watt
Mr. Becerra
Mr. Serrano
Ms. Lofgren
Ms. Jackson-Lee

    4. An amendment by Mr. Schiff to make eligible for 
deportation certain aliens who commit crimes involving moral 
turpitude and who are sentenced to a term of incarceration of 
one year or more. The Schiff amendment was agreed to by voice 
vote.
    5. Ms. Lofgren offered an amendment to require that 
expedited deportation proceedings for aliens who are not legal 
permanent residents and who commit aggravated felonies be 
conducted in the alien's own language and that a finding be 
made for the record as to the identity of the alien in the 
proceedings. The Lofgren amendment was adopted by a voice vote.
    6. An amendment by Mr. Becerra to exempt aliens who are 
legal permanent residents on a condition basis from being 
subject to the expedited deportation procedures applicable to 
aliens how commit aggravated felonies. The Becerra amendment 
was defeated by an 8-24 rollcall vote.

        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Bryant (TX)                     Mr. Moorhead
Mr. Nadler                          Mr. Sensenbrenner
Mr. Scott                           Mr. McCollum
Mr. Watt                            Mr. Gekas
Mr. Becerra                         Mr. Coble
Mr. Serrano                         Mr. Schiff
Ms. Jackson-Lee                     Mr. Canady
                                    Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heinman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mrs. Schroeder
                                    Mr. Frank
                                    Mr. Schumer
                                    Mr. Boucher
                                    Mr. Reed
                                    Ms. Lofgren

    7. An amendment by Mr. Becerra to require that aliens who 
consent to deportation hearings conducted by electronic and 
telephonic media be given ``informed consent'' and 
``reasonable'' notice. The Becarra amendment was defeated by an 
8-24 rollcall vote.

        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Nadler                          Mr. Moorhead
Mr. Scott                           Mr. Sensenbrenner
Mr. Watt                            Mr. McCollum
Mr. Becerra                         Mr. Gekas
Mr. Serrano                         Mr. Coble
Mr. Lofgren                         Mr. Schiff
Ms. Jackson-Lee                     Mr. Canady
                                    Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heinman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mrs. Schroeder
                                    Mr. Frank
                                    Mr. Schumer
                                    Mr. Boucher
                                    Mr. Bryant (TX)
                                    Ms. Reed

    8. Final Passage. Mr. Hyde moved to report H.R. 668 
favorably to the whole House. The resolution was adopted by a 
rollcall vote of 22-8.


        AYES                          NAYS
Mr. Hyde                            Mr. Sensenbrenner
Mr. Moorhead                        Mr. Goodlatte
Mr. McCollum                        Mr. Conyers
Mr. Gekas                           Mr. Nadler
Mr. Coble                           Mr. Scott
Mr. Smith (TX)                      Mr. Watt
Mr. Canady                          Mr. Becerra
Mr. Inglis                          Mr. Serrano
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Mr. Schumer
Mr. Boucher
Mr. Reed
Mr. Lofgren
Mr. Jackson Lee


                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Pursuant to Clause 2(l)(3)(B) of House rule XI, the 
Committee reports that the bill H.R. 668 provides for 
additional direct spending of approximately $2.645 billion 
through fiscal year 2000. This amount is approximately $1.275 
billion in excess of that allocated by the Violent Crime 
Control and Law Enforcement Act of 1994 (P.L. No. 103-322) for 
the same period of time. The federal government would be 
required to pay this additional amount to state and local 
governments pursuant to section 20301 of that act.

               Congressional Budget Office Cost estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets forth 
, with respect to the bill, H.R. 668, the following estimate 
and comparison prepared by the Director of the Congressional 
Budget Office under section 403 of the Congressional Budget Act 
of 1974:
                                     U.S. Congress,
                                Congressional Budget Office
                                  Washington, DC, February 6, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed and is providing this revised cost estimate for H.R. 
668, the Criminal Alien Deportation Improvements Act of 1995, 
as ordered reported by the House Committee on the Judiciary on 
January 31, 1995. This estimate supersedes the one CBO provided 
on FebruaryP
3, 1995, which was based on draft language provided to us. 
Based on corrected bill language provided by committee staff, 
CBO estimates that enactment of the bill would result in costs 
to the federal government of about $640 million in fiscal year 
1997, and gradually increasing amounts for each subsequent 
year, with equivalent savings to state and local governments. 
There would be no budgetary impact for fiscal year 1996, as the 
provisions relating to new spending would not take effect until 
October 1, 1996.
    These costs would be considered direct spending. Because 
enacting H.R. 668 would affect direct spending, pay-as-you-go 
procedures would apply to the bill. The following table 
summarizes the estimated costs of this bill.

------------------------------------------------------------------------
                      1996       1997       1998       1999       2000  
------------------------------------------------------------------------
Estimated budget                                                        
 authority.......  .........        640        655        670        689
Estimated outlays  .........        640        655        670        680
------------------------------------------------------------------------

    H.R. 668 contains provisions intended to make it easier for 
the United States to deport criminal aliens. These provisions 
would not add to federal costs and might result in some savings 
to the deportation process. Any such savings would come from 
appropriated funds and probably would not be significant.
    In addition, the bill would require the federal government 
to compensate state and local governments for their costs to 
incarcerate undocumented criminal aliens. The cost for 
compensating state and local governments depends on the number 
of undocumented criminal aliens that are in state and local 
custody, which is somewhat uncertain because the immigrant 
status of criminal aliens is often unknown. Nevertheless, in a 
1994 study, the Urban Institute and the Immigration and 
Naturalization Service estimated that there were about 21,000 
undocumented criminal aliens in state prisons in seven large 
states (Arizona, California, Florida, Illinois, New Jersey, New 
York, and Texas. The study also estimated that 86 percent of 
all undocumented aliens in the United States reside in those 
states. Based on these figures, CBO estimates that the total 
U.S. population of undocumented criminal aliens in state 
custody is about 25,000. In addition, there appear to be 
roughly 5,000 such prisoners in local jails, mostly in 
California. Thus, CBO estimates that there are about 30,000 
undocumented criminal aliens are in state and local custody.
    Under the provisions of H.R. 668, the Attorney General 
would determine the average cost of incarceration in each 
state. Based on information from the Bureau of Prisons, CBO 
estimates that the average cost to incarcerate a federal 
prisoner would be just over $22,000 in fiscal year 1997, which 
is the first year in which the bill's reimbursement provision 
would take effect. According to the Urban Institute study, five 
of seven states examined had annual incarceration costs lower 
than the federal governments cost. Therefore, CBO believes that 
reimbursable costs would be about $21,500 per prisoner in 1997, 
and would grow at 2 to 3 per year.
    CBO estimates that if H.R. 668 is enacted, the federal 
government would make payments of about $640 million in fiscal 
year 1997 (30,000 prisoners times $21,500 per prisoner per 
year). These costs would be considered direct spending. The 
Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322) authorized appropriations of about $300 million 
per year for each of fiscal years 1997 through 2000 to 
reimburse state and local governments for alien incarceration 
costs. Thus, the increase in direct spending could be 
accompanied by a decrease in spending from appropriated 
amounts, assuming appropriations would have been enacted in 
1997-2000.
    CBO's previous estimate, provided on February 3, 1995, 
included an estimate of costs for fiscal year 1996 because the 
previous draft of the bill language showed the reimbursement 
provision taking effect on October 1, 1995. This revised 
estimate provides the same estimate of costs for fiscal years 
1997-2000 as our previous letter.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              James L. Blum
                               (For Robert D. Reischauer, Director)

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 668 
will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

    Section 1. Short Title. This section states the short title 
of the bill as the ``Criminal Alien Deportation Act of 1995.''
    Section 2. Additional Expansion of the Definition of 
Aggravated Felony. This section would add certain crimes to the 
definition of ``aggravated felony.'' Aliens convicted of 
aggravated felonies can be deported from the country after 
serving their sentence for the crime. Additionally, aliens 
convicted of these offenses and who are not legal permanent 
residents can be placed into expedited deportation proceedings. 
Finally, aliens convicted of aggravated felonies are not 
entitled to raise certain defenses to deportation that would 
otherwise be available to them.
    Section 2 adds to the definition of aggravated felony 
crimes involving the transportation of persons for the purposes 
of prostitution; serious bribery, counterfeiting or forgery 
offenses; serious offenses involving trafficking in stolen 
vehicles; perjury and subornation of perjury; and an offense 
relating to the failure to appear to answer for a criminal 
charge for which a sentence of two or more years may be 
imposed. The bill also modifies the existing definition of 
aggravated felony to include convicting of an offense involving 
the failure to appear to serve a sentence to include any such 
crime if the underlying crime was one for which a sentence of 
five or more years may have been imposed. Under present law, 
this offense is an aggravated felony only if the underlying 
crime is punishable by incarceration of 15 years of more.
    Section 3. Deportation Procedures for Certain Criminal 
Aliens Who Are Not Permanent Residents. The bill would amend 
section 242A of the INA which establishes expedited deportation 
procedures for aliens who are not permanent residents and who 
are convicted of aggravated felonies. Presently those 
procedures apply only to criminal aliens who are not legal 
permanent residents. Under H.R. 668, these procedures will also 
apply to aliens admitted for legal permanent residence on a 
conditional basis.
    The bill also amends this section of the INA to provide 
that the deportation proceedings will be conducted in, and 
translated into, a language that the alien understands. The 
bill also requires that a determination be made for the record 
that the person appearing at the hearing is the alien named in 
the notice of the proceeding. The provision requiring 
translation of the proceedings is intended to apply only to the 
oral deportation proceedings and not to any written materials 
introduced during the proceedings or related to them.
    Additionally, the bill amends section 242A of the INA to 
prohibit the Attorney General from using the discretionary 
power otherwise provided under the INA to grant relief from 
deportation to any non-resident alien convicted of committing 
an aggravated felony. It also creates a conclusive presumption 
of deportability for any alien convicted of an aggravated 
felony.
    Further, the bill reduces the period of time that the 
Attorney General must wait to enforce an order of deportation 
from 30 calendar days to 14 calendar days. During the 14-day 
period, the alien may file a petition for review of the 
deportation order or a petition for habeas corpus relief from 
the deportation order. H.R. 668 amends section 106 of the INA 
to provide that aliens who file any such petitions for review 
or for habeas corpus relief may only challenge the order on the 
grounds that the alien held for deportation is not the person 
named in the order or was not convicted of an aggravated 
felony. No other issue is reviewable, including whether the 
alien actually is guilty of the underlying aggravated felony.
    Section 4. Restricting The Defense to Exclusion Based on 
Seven Years Permanent Residence for Certain Criminal Aliens. 
This section of the bill would modify that portion of the INA 
that specifies which aliens may be denied entrance to United 
States and which aliens may be deported from the country. Under 
present law, aliens who are legal permanent residents and have 
lived in the country for seven years may assert that status as 
a defense to deportation or exclusion in certain circumstances. 
Currently, if that alien has been convicted of an aggravated 
felony and served five years in prison, however, the government 
may deport them or exclude them from the country 
notwithstanding their seven years of residence. Section 4 
strengthens this exception to allow the government to deport or 
exclude these persons if they were sentenced to five or more 
years in prison for one or more aggravated felonies, regardless 
of the actual time served in prison. This change is made so 
that the government may start the deportation process when the 
alien begins to serve their sentence. For all practical 
purposes under the present law, the government must wait until 
the alien has served five years in prison before bringing 
deportation proceedings against them. In some cases this 
limitation results in the alien being released from prison 
before the deportation proceeding is concluded. H.R. 668 would 
remove this limitation on the government's ability to deport 
incarcerated aliens who have committed aggravated felonies.
    Section 5. Limitation on collateral Attacks on Underlying 
Deportation Orders. Section 5 applies to cases in which an 
alien is charged with re-entering, or attempting to re-enter, 
the U.S. after having been deported. The penalties for illegal 
reentering were enhanced by the Violent Crime Control and Law 
Enforcement Act of 1994. This section amends the INA to provide 
that the alien charged with this crime may only challenge the 
validity of the original deportation order if the alien can 
show that he or she has exhausted all administrative remedies, 
that the deportation order improperly deprived the aliens of 
the opportunity for judicial review, and that the deportation 
order was fundamentally unfair.
    Section 6. Criminal Alien Identification System. Section 6 
modifies that part of the Violent Crime Control and Law 
Enforcement Act of 1994 which created a ``Criminal Alien 
Tracking Center'' but failed to identify any specific purpose 
for the center. This section specifies that the center is to be 
used to assist Federal, state, and local law enforcement 
agencies in identifying and locating aliens who may be 
deportable because they have committed aggravated felonies. It 
also modifies the 1994 act to provide that the center is to be 
operated by the INS Commissioner. Present law places the 
center's operation in the hands of the Attorney General. 
Finally, section 6 changes the name of the center of ``Criminal 
Alien Identification System'' in order to more accurately 
described the purpose of the system.
    Section 7. Establishing Certain Alien Smuggling-Related 
Crimes as RICO Predicate Acts. This section adds certain 
immigration-related offenses to the list of crimes to which the 
RICO statute applies. The offenses added as RICO predicate act 
are offenses involving fraud, false use, or forgery of 
passports, identification documents, or visas; offenses 
relating to peonage and slavery; offenses relating to 
retaliation against a witness, victim, or an information; and 
offense relating to assisting illegal aliens to enter the 
country.
    Section 8. Wiretap Authority for Alien Smuggling 
Investigations. Section 8 amends the federal wiretapping laws 
to allow federal prosecutors to seek wiretap authorization to 
assist them in investigating certain alien smuggling crimes. 
The Committee has become aware that prosecutors have been 
hampered in investigating these types of crimes by the lack of 
statutory authority giving them authority to obtain wiretaps to 
carry out these investigations. H.R. 668 will remedy this 
problem. The offenses for which wiretap authority is granted 
under the bill include fraud and misuses of passports, visas, 
permits, and other immigration documents, and crimes involving 
alien smuggling.
    Section 9. Expansion of the Criteria for Deportation For 
Crimes of Moral Turpitude. This section amends the INA to 
provide that aliens who have been in the country for less than 
five years (or legal permanent resident aliens who have resided 
in the country for less than 10 years) and who are convicted of 
a felony crime involving moral turpitude can be deported, 
regardless of the sentence actually imposed or served. Under 
current law, aliens who commit crimes of moral turpitude can 
only be deported if they are actually sentenced to or serve at 
least one year in prison.
    Section 10. Payments to Political Subdivisions for Costs of 
Incarcerating Illegal Aliens. This section of the bill makes a 
technical change to ensure that units of local government are 
eligible for funds authorized in the Violent Crime Control and 
Law Enforcements Act of 1994 to reimburse states and units of 
local governments for the cost of incarcerating convicted 
criminal aliens. An appropriations bill appropriating funds for 
this purpose was passed by the House before the 1994 crime bill 
became law. The appropriations bill made reference to section 
501 of the Immigration Reform and Control Act of 1986, which 
authorizes reimbursement to state governments. As a result, 
local governments were not eligible for these funds even though 
the crime bill, enacted later, clearly demonstrates the intent 
of Congress that both state and local governments be eligible 
for these funds. H.R. 668 amends the 1986 act so that the funds 
appropriated for FY 1995 are available to both state and local 
governments for this cost.
    Section 11. Compensation for Incarceration of Undocumented 
Aliens.. This section amends the provisions of the Violent 
Crime Control and Law Enforcement Act of 1994 that authorizes 
the appropriation of $1.8 billion over six years to reimburse 
state and local governments for the cost of incarcerating 
criminal aliens. This provision made these funds subject to the 
availability of appropriations until September 30, 2204, after 
which the federal government would be obligated to reimburse 
states in full for these costs. Section 11 of H.R. 668 would 
amend the 1994 crime act to obligate the federal government to 
reimburse states in full for these costs on and after October 
1, 1996.
    Section 12. Miscellaneous Provisions. Subsection (b) of 
this section amends the INA to enable the Attorney General to 
conduct deportation proceedings by electronic or telephonic 
media with the consent of the alien. This section also contains 
provisions concerning the interpretation of certain sections of 
the INA and the effective date of the amendments made by H.R. 
668 to sections 242(i) and 225 of the INA.

                              Agency Views

    The Committee received a letter from the U.S. Department of 
Justice providing Administration views on H.R. 3, the ``Taking 
Back Our Streets Act of 1995.'' This letter addressed the 
pertinent issues presented in H.R. 668 as follows:


           viii. streamlining deportation of criminal aliens


    Various provisions relating to criminal aliens were enacted 
by the Violent Crime Control and Law Enforcement Act of 1994 
and by the Immigration and Nationality Technical Corrections 
Act of 1994 (INTCA). However, the enactments do not include all 
of the provisions relating to criminal aliens that were 
included in title L of the version of H.R. 3355 passed by the 
Senate in 1993. This title of H.R. 3 is designed to restore a 
number of provisions that were in the 1993 Senate-passed bill 
but were not included in the enacted legislation. We generally 
support the reforms proposed in this title, with some 
qualifications discussed below.
    INTCA broadened the definition of ``aggravated felony'' for 
purposes of the immigration laws. Section 801 of H.R. 3 adds 
several additional offenses to the expanded definition, which 
were in the 1993 Senate-passed bill version, including 
interstate transportation of persons for purposes of 
prostitution or other sex crimes; commercial bribery, 
counterfeiting, forgery, or trafficking in vehicles with 
altered identification numbers punishable by five or more years 
of imprisonment; perjury punishable by five or more years of 
imprisonment; and failure to appear before a court in relation 
to a felony charge punishable by two or more years of 
imprisonment.
    We favor this strengthening of our immigration laws with 
respect to these dangerous felons. We note, however, that some 
limited adjustment of the revised definition may be necessary 
to assure consistency with treaty obligations and would be 
pleased to work with Congress in refining this proposal. In 
addition, we believe that the provision should be augmented to 
include additional offenses relating to travel documents, and 
that a few technical changes to simplify its implementation--
such as providing a single effective date for its application--
should be adopted.
    Section 802, following provisions that were included in the 
1993 Senate-passed bill, makes some amendments to strengthen 
provisions for expedited deportation of certain non-permanent 
resident aliens that were enacted by the 1994 Crime Act. The 
substantive changes include: (1) extending the authority to 
conditionally permanent resident aliens, (2) allowing the alien 
to be removed from the United States 14 days (rather than 30) 
after the issuance of the order, and (3) narrowing judicial 
review to the question whether the person is in fact a non-
permanent resident or conditionally permanent resident alien 
who has been convicted of an aggravated felony (where current 
law also permits review of conformity to required procedures). 
The reference in the amendment to the judicial review 
provisions to ``section 242A(c)'' should be to ``section 
242A(b).'' We generally support this section, but do not 
believe that conditionally permanent resident aliens should be 
covered.
    Section 803, which we support, eliminates Sec. 212(c) 
relief under the Immigration and Nationality Act for aliens 
sentenced to at least five years for an aggravated felony, and 
effectively provides that asylum may be denied on the basis of 
conviction of an aggravated felony.
    Section 804, which we support, limits collateral attacks on 
deportation orders in prosecutions for unlawful reentry 
following deportation.
    Section 805 adds more detailed language relating to the 
operation and function of the criminal alien tracking center. 
The changes from current law are providing that INS is to 
operate the center in cooperation with the Director of the FBI 
and the heads of other agencies, and that the function of the 
center is to assist in identifying and locating aliens who may 
be subject to deportation by reason of conviction of aggravated 
felonies. The function of the center might be defined more 
broadly to include assistance in identifying and locating all 
types of deportable criminal aliens.
    Section 806(a) effectively gives specific statutory 
authority to the Attorney General to conduct deportation 
hearings by electronic or telephonic media ``with the consent 
of the alien.'' The proviso ``with the consent of the alien'' 
should be deleted with regard to electronic media, since this 
proviso could potentially halt numerous ongoing electronic 
hearings where the alien objects, and could invite challenges 
to orders already entered.
    Sections 806(b), which we support, primarily enacts 
protective language to foreclose an interpretation of existing 
provisions authorizing expedited deportation procedures as 
creating legally enforceable rights in criminal aliens to 
expedited proceedings. Section 807 enacts similar language for 
the amendments proposed in this title of the bill.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

          * * * * * * *

                            TITLE I--GENERAL

                              definitions

      Section 101. (a) As used in this Act--
      (1)  * * *
          * * * * * * *
      (43) The term ``aggravated felony'' means--
                  (A) murder;
          * * * * * * *
                  (J) an offense described in section 1962 of 
                title 18, United States Code (relating to 
                racketeer influenced corrupt organizations), or 
                an offense described in section 1084 (if it is 
                a second or subsequent offense) or 1955 of that 
                title (relating to gambling offenses), for 
                which a sentence of 5 years' imprisonment or 
                more may be imposed;
                  (K) an offense that--
                          (i) relates to the owning, 
                        controlling, managing, or supervising 
                        of a prostitution business; [or]
                          (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
                          [(ii)] (iii) is described in section 
                        1581, 1582, 1583, 1584, 1585, or 1588, 
                        of title 18, United States Code 
                        (relating to peonage, slavery, and 
                        involuntary servitude);
          * * * * * * *
                  [(N) an offense described in section 
                274(a)(1) of title 18, United States Code 
                (relating to alien smuggling) for the purpose 
                of commercial advantage;
                  [(O) an offense described in section 1546(a) 
                of title 18, United States Code (relating to 
                document fraud) which constitutes trafficking 
                in the documents described in such section for 
                which the term of imprisonment imposed 
                (regardless of any suspicion of such 
                imprisonment) is at least 5 years;]
                  (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;
                  (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;
                  (P) 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;
                  [(P)] (Q) an offense relating to a failure to 
                appear by a defendant for service of sentence 
                if the underlying offense is punishable by 
                imprisonment for a term of [15 years] 5 years 
                or more; [and]
                  (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
                  [(Q)] (U) an attempt or conspiracy to commit 
                an offense described in this paragraph.
        The term applies to an offense described in this 
        paragraph whether in violation of Federal or State law 
        and applies to such an offense in violation of the law 
        of a foreign country for which the term of imprisonment 
        was completed within the previous 15 years.
          * * * * * * *

         judicial review of orders of deportation and exclusion

      Sec. 106. (a)  * * *
          * * * * * * *
  [(d)(1) A petition for review or for habeas corpus on behalf 
of an alien against whom a final order of deportation has been 
issued pursuant to section 242A(b) may challenge only--
          [(A) whether the alien is in fact the alien described 
        in the order;
          [(B) whether the alien is in fact an alien described 
        in section 242A(b)(2);
          [(C) whether the alien has been convicted of an 
        aggravated felony and such conviction has become final; 
        and
          [(D) whether the alien was afforded the procedures 
        required by section 242A(b)(4).
  [(2) No court shall have jurisdiction to review any issue 
other than an issue described in paragraph (1).]
  (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.
          * * * * * * *

                         TITLE II--IMMIGRATION

          * * * * * * *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
                          Citizens and Aliens

          * * * * * * *

general classes of aliens ineligible to receive visas and excluded from 
                 admission; waivers of inadmissibility

      Sec. 212. (a)  * * *
          * * * * * * *
      (c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order 
of deportation, and who are returning to a lawful 
unrelinquished domicile of seven consecutive years, may be 
admitted in the discretion of the Attorney General without 
regard to the provisions of subsection (a) (other than 
paragraphs (3) and (9)(C)). Nothing contained in this 
subsection shall limit the authority of the Attorney General to 
exercise the discretion vested in him under section 211(b). The 
first sentence of this subsection shall not apply to an alien 
who has been convicted of one or more aggravated felonies and 
[has served for such felony or felonies a term of imprisonment 
of at least 5 years.] 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.
          * * * * * * *

              Chapter 5--Deportation; Adjustment of Status

                  general classes of deportable aliens

      Sec. 241. (a) Classes of Deportable Aliens.--Any alien 
(including an alien crewman) in the United States shall, upon 
the order of the Attorney General, be deported if the alien is 
within one or more of the following classes of deportable 
aliens:
          (1)  * * *
          (2) Criminal offenses.--
                  (A) General crimes.--
                          (i) Crimes of moral turpitude.--Any 
                        alien who--
                                  (I)  * * *
                                  [(II) either is sentenced to 
                                confinement or is confined 
                                therefor in a prison or 
                                correctional institution for 
                                one year or longer,]
                                  (II) is convicted of a crime 
                                for which a sentence of one 
                                year or longer may be imposed,
                        is deportable.
          * * * * * * *

                 apprehension and deportation of aliens

      Sec. 242. (a)  * * *
      (b) A special inquiry officer shall conduct proceedings 
under this section to determine the deportability of any alien, 
and shall administer oaths, present and receive evidence, 
interrogate, examine, and cross-examine the alien or witnesses, 
and as authorized by the Attorney General, shall make 
determinations, including orders of deportation. Determination 
of deportability in any case shall be made only upon a record 
made in a proceeding before a special inquiry officer, at which 
the alien shall have reasonable opportunity to be present, 
unless by reason of the alien's mental incompetency it is 
impracticable for him to be present, in which case the Attorney 
General shall prescribe necessary and proper safeguards for the 
rights and privileges of such alien; 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. If any alien has been 
given a reasonable opportunity to be present at a proceeding 
under this section, and without reasonable cause fails or 
refuses to attend or remain in attendance at such proceeding, 
the special inquiry officer may proceed to a determination in 
like manner as if the alien were present. In any case or class 
of cases in which the Attorney General believes that such 
procedure would be of aid in making a determination, he may 
require specifically or by regulation that an additional 
immigration officer shall be assigned to present the evidence 
on behalf of the United States and in such case such additional 
immigration officer shall have authority to present evidence, 
and to interrogate, examine and cross-examine the alien or 
other witnesses in the proceedings. Nothing in the preceding 
sentence shall be construed to diminish the authority conferred 
upon the special inquiry officer conducting such proceedings. 
No special inquiry officer shall conduct a proceeding in any 
case under this section in which he shall have participated in 
investigative functions or in which he shall have participated 
(except as provided in this subsection) in prosecuting 
functions. Proceedings before a special inquiry officer acting 
under the provisions of this section shall be in accordance 
with such regulations, not inconsistent with this Act, as the 
Attorney General shall prescribe. Such regulations shall 
include requirements that are consistent with section 242B and 
that provide that--
          (1)  * * *
          * * * * * * *
      (i) In the case of an alien who is convicted of an 
offense which makes the alien subject to deportation, the 
Attorney General shall begin any deportation proceeding as 
expeditiously as possible after the date of the conviction. 
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.
          * * * * * * *
      Sec. 242A. (a)  * * *
      (b) Deportation of Aliens Who Are Not Permanent 
Residents.--
          (1)  * * *
          (2) An alien is described in this paragraph if the 
        alien--
                  (A) was not lawfully admitted for permanent 
                residence at the time at which proceedings 
                under this section commenced; [and] or
                  [(B) is not eligible for any relief from 
                deportation under this Act.]
                  (B) had permanent resident status on a 
                conditional basis (as described in section 216) 
                at the time that proceedings under this section 
                commenced.
          (3) The Attorney General may not execute any order 
        described in paragraph (1) until [30 calendar days] 14 
        calendar days have passed from the date that such order 
        was issued, unless waived by the alien, in order that 
        the alien has an opportunity to apply for judicial 
        review under section 106.
          (4) Proceedings before the Attorney General under 
        this subsection shall be in accordance with such 
        regulations as the Attorney General shall prescribe. 
        The Attorney General shall provide that--
                  (A) the alien is given reasonable notice of 
                the charges and of the opportunity described in 
                subparagraph (C);
                  (B) the alien shall have the privilege of 
                being represented (at no expense to the 
                government) by such counsel, authorized to 
                practice in such [proccedings] proceedings, as 
                the alien shall choose;
                  (C) the alien has a reasonable opportunity to 
                inspect the evidence and rebut the charges;
                  (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;
                  [(D)] (F) a record is maintained for judicial 
                review; and
                  [(E)] (G) the final order of deportation is 
                not adjudicated by the same person who issues 
                the charges.
          (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.
  (c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be 
deportable from the United States.
          * * * * * * *

                 Chapter 8--General Penalty Provisions

          * * * * * * *

                       reentry of deported alien

      Sec. 276. (a)  * * *
          * * * * * * *
  (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.
          * * * * * * *
                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

          * * * * * * *

                           TITLE II--PRISONS

          * * * * * * *

                    Subtitle C--Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

  (a)  * * *
          * * * * * * *
  (c) Termination of Limitation.--Notwithstanding section 
242(j)(5) of the Immigration and Nationality Act, as added by 
subsection (a), the requirements of section 242(j) of the 
Immigration and Nationality Act, as added by subsection (a), 
shall not be subject to the availability of appropriations on 
and after October 1, [2004] 1996.
          * * * * * * *

        TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

          * * * * * * *

SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

  [(a) Operation.--The Attorney General 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 tracking center.]
  (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.
          * * * * * * *
                              ----------                              


                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

          * * * * * * *

       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

          * * * * * * *

Sec. 1961. Definitions

  As used in this chapter--
          (1) ``racketeering activity'' means (A) any act or 
        threat involving murder, kidnapping, gambling, arson, 
        robbery, bribery, extortion, dealing in obscene matter, 
        or dealing in a controlled substance or listed chemical 
        (as defined in section 102 of the Controlled Substances 
        Act), which is chargeable under State law and 
        punishable by imprisonment for more than one year; (B) 
        any act which is indictable under any of the following 
        provisions of title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1028 (relating to fraud and related activity in 
        connection with identification documents) if the act 
        indictable under section 1028 was committed for the 
        purpose of financial gain, section 1029 (relating to 
        fraud and related activity in connection with access 
        devices), section 1084 (relating to the transmission of 
        gambling information), section 1341 (relating to mail 
        fraud), section 1343 (relating to wire fraud), section 
        1344 (relating to financial institution fraud), 
        sections 1461-1465 (relating to obscene matter), 
        section 1503 (relating to obstruction of justice), 
        section 1510 (relating to obstruction of criminal 
        investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), 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), section 
        1951 (relating to interference with commerce, robbery, 
        or extortion), section 1952 (relating to racketeering), 
        section 1953 (relating to interstate transportation of 
        wagering paraphernalia), section 1954 (relating to 
        unlawful welfare fund payments), section 1955 (relating 
        to the prohibition of illegal gambling businesses), 
        section 1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), sections 2251-2252 (relating to 
        sexual exploitation of children), sections 2312 and 
        2313 (relating to interstate transportation of stolen 
        motor vehicles), sections 2314 and 2315 (relating to 
        interstate transportation of stolen property), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), sections 2341-2346 (relating 
        to trafficking in contraband cigarettes), sections 
        2421-24 (relating to white slave traffic), (C) any act 
        which is indictable under title 29, United States Code, 
        section 186 (dealing with restrictions on payments and 
        loans to labor organizations) or section 501(c) 
        (relating to embezzlement from union funds), (D) any 
        offense involving fraud connected with a case under 
        title 11 (except a case under section 157 of that 
        title), fraud in the sale of securities, or the 
        felonious manufacture, importation, receiving, 
        concealment, buying, selling, or otherwise dealing in a 
        controlled substance or listed chemical (as defined in 
        section 102 of the Controlled Substances Act), 
        punishable under any law of the United States, [or] (E) 
        any act which is indictable under the Currency and 
        Foreign Transactions Reporting Act, 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.
          * * * * * * *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

          * * * * * * *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

  (1) The Attorney General, Deputy Attorney General, Associate 
Attorney General, or any Assistant Attorney General, any acting 
Assistant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in the 
Criminal Division specially designated by the Attorney General, 
may authorize an application to a Federal judge of competent 
jurisdiction for, and such judge may grant in conformity with 
section 2518 of this chapter an order authorizing or approving 
the interception of wire or oral communications by the Federal 
Bureau of Investigation, or a Federal agency having 
responsibility for the investigation of the offense as to which 
the application is made, when such interception may provide or 
has provided evidence of--
          (a)  * * *
          * * * * * * *
          (n) any violation of section 5861 of the Internal 
        Revenue Code of 1986 (relating to firearms); [and]
          (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
          [(o)] (p) any conspiracy to commit any offense 
        described in any subparagraph of this paragraph.
          * * * * * * *
                              ----------                              


 SECTION 225 OF THE IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS 
                              ACT OF 1994

SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

  No amendment made by this Act [and nothing in section 242(i) 
of the Immigration and Nationality Act (8 U.S.C. 1252(i))] 
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.
                            ADDITIONAL VIEWS

    The Criminal Alien Deportation Improvements Act of 1995, 
H.R. 668, is generally an excellent bill. However, we strongly 
object to one particular provision (Section 11) which was added 
as an amendment to H.R. 668 during the Judiciary Committee 
mark-up.
    Section 11 requires that the federal government begin 
reimbursing states for the cost of incarcerating illegal 
criminal aliens as an entitlement program in fiscal year 1996, 
rather than in fiscal year 2004, as mandated by the Violent 
Crime Control and Law Enforcement Act of 1994 (P.L. 103-322).
    Last year's crime bill authorized such sums as may be 
necessary to carry out this requirement--up to $1.8 billion of 
which could come out of the Violent Crime Reduction Trust Fund. 
However, the money was to be subject to annual appropriations 
until fiscal year 2004 when it would be provided as an 
entitlement program. By not making the funding an entitlement 
program until fiscal year 2004--a date outside the scope of the 
current five-year budget resolution--the authors of the 
provision ensured that the bill would not violate the Budget 
Act.
    By accelerating the effective date of the entitlement 
program from fiscal year 2004 to fiscal year 1996, the 
amendment adopted during mark-up subjects the bill to the 
allocations provided in the fiscal year 1995 budget resolution 
(H.Con.Res. 218). But H.Con.Res. 218 provided no new 
entitlement or budget authority for the Judiciary Committee to 
authorize this program. To our knowledge, the Judiciary 
Committee does not have sufficient existing budget authority or 
entitlement authority for the program, which would subject H.R. 
668 to a point of order on the House floor. (Under section 
302(f) of the Budget Act, a committee is prohibited from 
considering legislation that would exceed its budget authority 
or entitlement authority allocation.)
    The Congressional Budget Office concludes that H.R. 668 
will affect direct spending and that pay-as-you-go procedures 
will apply. CBO further estimates that Section 11 will result 
in outlays of $630 million in fiscal year 1996 and $3.3 billion 
over five years. P.L. 103-322, however, authorized only 
approximately $300 million in each of fiscal years 1996-2000.
    Simply put, Section 11 exceeds the Judiciary Committee's 
allocated levels and subjects the entire bill to a budget point 
of order.P
For this reason, we oppose the provision and we will oppose any 
rule that waives the budget point of order.
                                   Martin Hoke.
                                   James Sensenbrenner.
                                   Bob Goodlatte.
                                   Howard Coble.
                                   Lamar Smith.
                                   Steve Schiff.
                                   Steve Buyer.
                                   Fred Heineman.
                                   Ed Bryant.
                                   Steve Chabot.