H.R.3355: Violent Crime Control and Law Enforcement Act of 1994

DEBATE - The House proceeded with one hour of debate on the motion to instruct the managers on the part of the House to not make any conference agreement that does not include subtitle E of Title VIII of the Senate amendment providing for the admissibility of evidence of prior similar crimes in sex offense cases.

The previous question was ordered without objection.

On motion to instruct conferees Agreed to by recorded vote: 348 - 62 (Roll no. 314).

Mrs. Dunn notified the House of her intention to offer a motion to instruct conferees on the part of the House not to make any agreement that does not include Subtitle F of Title VIII of the Senate amendment, relating to sexually violent predators.

Mr. Rohrabacher notified the House of his intention to offer a motion to instruct conferees on the part of the House to agree to Section 5102 of the Senate amendment, relating to prohibiting payment of Federal benefits to illegal aliens.

Ms. Dunn moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees on the part of the House not to make any agreement that does not inclued Subtitle F of Title VIII of the Senate amendment, relating to sexually violent predators.

The previous question was ordered without objection.

On motion to instruct conferees Agreed to by the Yeas and Nays: 407 - 13 (Roll no. 323).

Mr. Rohrabacher moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the Rohrabacher motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to agree to section 5102 of the Senate amendment. Section 5102 contains provisions which do not allow "people not lawfully present within the United States" to receive payments from various federal programs.

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 289 - 121 (Roll No. 324).

ORDER OF BUSINESS - Mr. McCollum notified the House of his intention to offer a motion to instruct the conferees on the part of the House at the conference on H.R. 3355. The instructions contained in the proposed motion require the managers on the part of the House not to make any agreement that does not include section 2405 of the Senate amendment providing mandatory prison terms for use, possession, or carrying of a firearm or destructive device during a state crime of violence of state drug trafficking crime.

Mr. Hoagland notified the House of his intention to offer a motion to instruct the conferees on the part of the House to meet promptly on all issues committed to conference with managers on the part of the Senate.

ORDER OF PROCEDURE - Mr. Bonilla notified the House of his intention to offer a motion to instruct conferees on the part of the House at the conference on H.R. 3355 not to agree to any provision having the effect of diminishing the amount of money made available to the U.S. Border Patrol Service from the amount provided in the House amendment.

Mr. McCollum moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the McCollum motion to instruct conferees on the part of the House not to make any agreement that does not include section 2405 of the Senate amendment, a provision which would provide for federal prosecution, with mandatory minimum sentences, for use of a gun that has been shipped across a state line during a state crime of violence or drug trafficking offense.

The previous question was ordered without objection.

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 291 - 128 (Roll no. 340).

Motion to reconsider laid on the table Agreed to without objection.

Mr. Hoagland moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the Hoagland motion to instruct conferees on the part of the House to meet promptly on all issues committed to conference with managers on the part of the Senate.

On motion that the House instruct conferees Agreed to by voice vote.

Mr. Bonilla moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the Bonilla motion to instruct conferees on the part of the House not to agree to any provision having the effect of diminishing the amount of money made available to the U.S. Border Patrol Service from the amount provided in the House amendment.

The previous question was ordered without objection.

On motion that the House instruct conferees Agreed to by voice vote.

Motion to reconsider laid on the table Agreed to without objection.

Mr. Trafficant notified the House of his intention to offer a motion to instruct conferees on the part of the House to insist on the House provisions, relating to the requirements in the representation of domestic origin in labeling of products as "Made in America".

ORDER OF BUSINESS - Mr. Gekas notified the House of his intention to offer a motion to instruct conferees on the bill H.R. 3355 on Tuesday, July 26, 1994.

Mr. Traficant moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the Traficant motion to instruct conferees. The instructions contained in the motion direct the managers on the part of the House to insist on provisions regarding requirements for products to be labeled "Made in America".

The previous question was ordered without objection.

On motion that the House instruct conferees Agreed to by voice vote.

Motion to reconsider laid on the table Agreed to without objection.

Mr. Gekas moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the Gekas motion to instruct conferees. The instructions contained in the motion direct the managers on the part of the House to insist on House provisions regarding the procedures to be used for imposing the death penalty. Specifically, the motion states that elements that must be proved to convict the defendant of the offense (such as premeditation) could be aggravating factors to be considered in deciding whether to impose a death sentence.

Conference held.

Conference held.

Conferees agreed to file conference report.

Conference report H. Rept. 103-694 filed.

Rules Committee Resolution H. Res. 517 Reported to House. Rule provides for consideration of the conference report to H.R. 3355. All points of order against the conference report and against its consideration shall be waived.

Rule H. Res. 517 failed passage of House.

Rules Committee Resolution H. Res. 522 Reported to House. Rule provides for consideration of the conference report to H.R. 3355. Waiving the requirement clause of 4(b) of rule XI for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to a resolution reported on or before the legislative day of August 19, 1994, providing for the consideration or disposition of the conference report to accompany the bill H.R. 3355.

Mr. Gephardt asked unanimous consent that the House recommit the conference report.

On motion to recommit the conference report Agreed to without objection.

Motion to reconsider laid on the table Agreed to without objection.

The Speaker appointed conferees as additional conferees: Schroeder, Frank (MA), and Castle.

Mr. Gephardt asked unanimous consent That the requirement of clause 4(b) of rule XI for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House be waived on the legislative day of Saturday, August 20, 1994, with respect to any resolution providing for consideration or disposition of a conference report to accompany the bill H.R. 3355. Agreed to without objection.

Mr. Abercrombie asked unanimous consent that managers on the part of the House have until midnight on Aug. 19 to file a conference report on H.R. 3355. Agreed to without objection.

Mr. Gephardt asked unanimous consent that managers on the part of the House have until 12:00 p.m. on Aug. 21 to file a conference report on H.R. 3355. Agreed to without objection.

Conference held and conferees agreed to file a further conference report.

Further conference report H. Rept. 103-711 filed.

Rules Committee Resolution H. Res. 526 Reported to House. Rule provides for consideration of the conference report to H.R. 3355 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered except motion to recommit. Upon adoption of this resolution it shall be in order to consider a further conference report to accompany the bill. All points of order against the conference report and against its consideration shall be waived. The conference report shall be considered as read.

Rule H. Res. 526 passed House.

Mr. Brooks brought up the further conference report H. Rept. 103-711 for consideration as a privileged matter.

DEBATE - Pursuant to the provisions of H. Res. 526, the House proceeded with one hour and twenty minutes of debate on the conference report.

The previous question was ordered pursuant to the rule.

Mr. McCollum moved to recommit with instructions to the conference committee.

Mr. McCollum moved to recommit the conference report to accompany the bill to the conference with instructions that the managers on the part of the House prioritize authorizations within scope that will maximize the availability of funds from the trust fund for programs for Public Safety and Policing, Prisons, and Border Patrol.

The previous question on the motion to recommit with instructions to conference committee was ordered without objection.

On motion to recommit with instructions to conference committee Failed by recorded vote: 197 - 232 (Roll no. 415).

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the conference report Agreed to by recorded vote: 235 - 195 (Roll no. 416).

Conference papers: Senate report and managers' statement and message on House action held at the desk in Senate.

Conference report considered in Senate.

Conference report considered in Senate.

Conference report considered in Senate.

Conference report considered in Senate.

Point of order that the Conference Report violates Section 306 of the Congressional Budget Act raised in Senate.

Motion to waive the Budget Act with respect to the measure agreed to in Senate by Yea-Nay Vote. 61-39. Record Vote No: 293.

Point of order fell when the motion to waive the Budget Act was agreed to in Senate.

Cloture motion on the conference report presented in Senate.

Cloture on the conference report invoked in Senate by Yea-Nay Vote. 61-38. Record Vote No: 294.

Senate agreed to conference report by Yea-Nay Vote. 61-38. Record Vote No: 295.

Cleared for White House.

Message on Senate action sent to the House.

Presented to President.

Signed by President.

Became Public Law No: 103-322.

Sponsor introductory remarks on measure.

Referred to the House Committee on Judiciary.

Committee Consideration and Mark-up Session Held.

Ordered to be Reported (Amended).

Reported (Amended) by the Committee on Judiciary. H. Rept. 103-324.

Placed on the Union Calendar, Calendar No. 175.

Mr. Brooks moved to suspend the rules and pass the bill, as amended.

Considered under suspension of the rules.

DEBATE - The House proceeded with forty minutes of debate.

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Motion to reconsider laid on the table Agreed to without objection.

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 272.

Measure laid before Senate by unanimous consent.

Senate struck all after the Enacting Clause and substituted the language of S. 1607 amended.

Passed Senate in lieu of S. 1607 with an amendment by Yea-Nay Vote. 95-4. Record Vote No: 384.

Senate ordered measure printed as passed with amendments of the Senate numbered.

Senate insisted on its amendment, requested a conference.

Message on Senate action sent to the House.

Mr. Brooks moved that the House agree with amendments to the Senate amendment.

Pursuant to the provisions of H. Res. 401, the further amendments contained in the foregoing Brooks motion consist of the text of H.R. 4092 as passed by the House, including a title amendment.

On motion that the House agree with amendments to the Senate amendment Agreed to without objection.

Mr. Brooks moved that the House insist upon its amendments to the Senate amendment, and request a conference.

On motion that the House insist upon its amendments to the Senate amendment, and request a conference Agreed to without objection.

Mr. McCollum moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the McCollum motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to insist on the provision of the House amendment that authorizes $10.5 billion for grants for state prison construction and operation and agree to the provisions of the Senate that require states to change their laws to require that defendants serve at least 85% of the sentence ordered.

The previous question was ordered without objection.

On motion that the House instruct conferees Failed by recorded vote: 191 - 222 (Roll no. 145).

Motion to reconsider laid on the table Agreed to without objection.

The Speaker appointed conferees: Brooks, Edwards (CA), Hughes, Schumer, Conyers, Synar, Moorhead, Hyde, Sensenbrenner, and McCollum.

A similar measure H.R. 4092 was laid on the table without objection.

Message on House action received in Senate and at desk: House requests a conference and House amendments to Senate amendment.

The Speaker appointed additional conferees - from the Committee on Agriculture for consideration of secs. 4601-08, 5105, and 5145 of the Senate amendment, and modifications committed to conference: de la Garza, Rose, Stenholm, Roberts, and Pombo.

The Speaker appointed additional conferees - from the Committee on Banking, Finance and Urban Affairs for consideration of secs. 2201-04, 2301, and 4901-33 of the Senate amendment, and secs. 1031(b), 1038, and 1099AA-1099CC of the House amendment, and modifications committed to conference: Gonzalez, Neal (NC), Vento, Leach, and Roukema.

The Speaker appointed additional conferees - from the Committee on Education and Labor for consideration of secs. 631-33, 662(e), 662(f), 811-16, 921-28, 1121-50, 1331, 2801-03, 3261, 3263, 3311, 3341, 3351, 3361, 3381-83, 3501, 3707, 4001-09, 4301-04, 4701-02, 4801-09, 4901-33, 5120, 5122, 5135, 5140, 5142-43, and 5147 of the Senate amendment, and secs. 1010-26, 1030-34, 1038, 1051-52, 1065-71, 1081-96, 1099A-1099G, 1099H-1099O, 1099P-1099T, 1606, 1610, 1653-54, 1902(e), 1902(f), 2201-02, 2701-39, 3061-62, 3089-90, of the House amendment, and modifications committed to conference: Ford (MI), Kildee, Martinez, Goodling, and Ballenger.

The Speaker appointed additional conferees - from the Committee on Energy and Commerce for consideration of secs. 1503-04, 1511-23, 1532, 1534-35, 1537, 1902(e), 3101-03, 3261, and 5166 of the Senate amendment, and secs. 1010-26, 1041-44, 1606, 2901-03, and 3086 of the House amendment, and modifications committed to conference: Dingell, Waxman, Collins (IL), Moorhead, and Bliley.

The Speaker appointed conferees Provided, Mr. Oxley is appointed in lieu of Mr. Bliley solely for the consideration of secs. 1534, 1902(e), and 3101-03 of the Senate amendment and secs. 2901-03 of the House amendment.

The Speaker appointed conferees Provided, Mr. Stearns is appointed in lieu of Mr. Bliley solely for the consideration of sec. 3086 of the House amendment.

The Speaker appointed additional conferees - from the Committee on Government Operations for consideration of secs. 1353-54, 1535, and 5150 of the Senate amendment, and secs. 1075-76 of the House amendment, and modifications committed to conference: Waxman, Lantos, Towns, Clinger, and McCandless.

The Speaker appointed conferees Provided, Messers. Spratt and Kyl are appointed in lieu of Messrs. Waxman and Clinger solely for the consideration of secs. 1535 and 5150 of the Senate amenment.

The Speaker appointed additional conferees - from the Committee on Merchant Marine and Fisheries for consideration of secs. 713-15, 4601-08, 5105, and 5145 of the Senate amendment, and modifications committed to conference: Studds, Ortiz, Hochbrueckner, Fields (TX), and Bateman.

The Speaker appointed conferees.

The Speaker appointed additional conferees - from the Committee on Natural Resources for consideration of secs. 3232-33, 4601-08, and 5145 of the Senate amendment and secs. 1099U-1099Z of the House amendment, and modifications committed to conference: Miller (CA), Vento, Shepherd, Young (AK), and Vucanovich.

The Speaker appointed conferees Provided, Ms. English is appointed in lieu of Ms. Shepherd solely for the consideration of secs. 4601-08 of the Senate amendment.

The Speaker appointed conferees Provided, Mr. Hinchey is appointed in lieu of Ms. Shepherd solely for the consideration of secs. 1099U-1099Z of the House amendment.

The Speaker appointed additional conferees - from the Committee on Post Office and Civil Service for consideration of secs. 1352 and 3371 of the Senate amendment, and modifications committed to conference: Clay, McCloskey, Norton, Myers, and Morella.

The Speaker appointed additional conferees - from the Committee on Public Works and Transportation for consideration of secs. 1533, 1536, and 3231 of the Senate amendment, and sec. 1801 of the House amendment and modifications committed to conference: Mineta, Rahall, Nadler, Shuster, and Petri.

The Speaker appointed additional conferees - from the Committee on Rules for consideration of secs. 1353-54 of the Senate amendment, and modifications committed to conference: Moakley, Derrick, Beilenson, Solomon, and Goss.

The Speaker appointed additional conferees - from the Committee on Ways and Means for consideration of secs. 311(b), 1502, 1515-16, 1802, 4702(e)(1), 5102, and 5113 of the Senate amendment, and modifications committed to conference: Rostenkowski, Gibbons, Pickle, Archer, and Crane.

Considered by Senate.

Senate disagreed to the House amendments to the Senate amendment and agreed to request for a conference by Voice Vote.

Senate Conferees instructed on motion by Senator Domenici agreed to in Senate by Voice Vote.

Senate Conferees instructed on motion by Senator Hatch agreed to in Senate by Voice Vote.

Senate Conferees instructed on motion by Senators Conrad and Mack agreed to in Senate by Yea-Nay Vote. 74-22. Record Vote No. 123.

Senate Conferees instructed on motion by Senator Gramm agreed to in Senate by Yea-Nay Vote. 66-32. Record Vote No. 124.

Senate Conferees instructed on motion by Senator Biden agreed to in Senate by Yea-Nay Vote. 94-4. Record Vote No. 125.

Senate Conferees instructed on motion by Senator D'amato agreed to in Senate by Yea-Nay Vote. 51-47. Record Vote No. 126.

Senate appointed conferees Biden; Kennedy; Metzenbaum; DeConcini; Leahy; Hatch; Thurmond; Simpson; Grassley.

Message on Senate action sent to the House.

The Speaker appointed additional conferees - from the Committee on Public Works and Transportation for consideration of secs. 1533, 1536, and 3231 of the Senate amendment, and sec. 1801 of the House amendment and modifications committed to conference: Mineta, Rahall, Nadler, Shuster, and Petri.

ORDER OF PROCEDURE - Mr. McCollum notified the House of his intention to offer a motion to instruct House conferees on the bill H.R. 3355.

Conference held.

Mr. McCollum moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the McCollum motion to instruct conferees. The motion instructs the managers on the part of the House to not agree to title IX of the House amendment to the Senate amendment, or to any similar provision. Title IX relates to racially discriminatory sentencing.

The previous question was ordered without objection.

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 264 - 149 (Roll no. 253).

Motion to reconsider laid on the table Agreed to without objection.

Mr. McCollum notified the House of his intention to offer a motion to instruct conferees on the part of the House not to make any agreement that would have the effect of reducing the funding provided for prisons to a level that is less than the level provided in titles VI and VIII of the House amendment to the Senate amendment.

Mr. McCollum moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the McCollum motion to instruct conferees. The instructions contained in the motion seek to require the managers on the part of the House to insist on the House funding level ($13.5 billion through FY 1998) for grants for prison construction.

The previous question was ordered without objection.

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 338 - 81 (Roll No. 264).

Motion to reconsider laid on the table Agreed to without objection.

Mr. McCollum notified the House of his intention to offer a motion to instruct conferees on the part of the House not to agree to subtitle I, relating to the local partnership Act, or to any similar provision, of title X of the House amendment to the Senate amendment.

MODIFICATION OF CONFEREES - The Chair announced the following modification to the appointment of conferees: In the paragraph naming additional conferees from the Committee on Merchant Marine and Fisheries, add Mr. Bateman in lieu of Mr. Young (AK).

The Speaker appointed a conferee.

Mr. McCollum moved that the House instruct conferees.

DEBATE - The House proceeded with one hour of debate on the McCollum motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to not agree to subtitle I relating to the local partnership act, or to any provision similar to it, of title X of the House amendment.

The previous question was ordered without objection.

On motion that the House instruct conferees Failed by recorded vote: 143 - 247 (Roll No. 274).

Motion to reconsider laid on the table Agreed to without objection.

ORDER OF PROCEDURE - Ms. Molinari notified the House of her intention to offer a motion to instruct conferees on H.R. 3355. The instructions contained in the motion require the managers on the part of the House to not make any agreement that does not include Subtitle E of Title VIII of the Senate amendment providing for the admissibility of evidence of similar crimes in sex offense cases.

Ms. Molinari moved that the House instruct conferees.