[Journal of the House of Representatives, 1994]
[Thursday, April 28, 1994 (40), Para 40.8 Point of Order]
[Pages 724-725]
[From the U.S. Government Publishing Office, www.gpo.gov]

Para. 40.8  point of order

  Mr. HAMILTON made a point of order against the motion to recommmit 
with instructions, and said:
  ``Mr. Speaker, I object to the motion to recommit and make a point of 
order against it.
  ``Mr. Speaker, I think the motion to recommit is not germane, because 
as I understand it, and I have not had the opportunity to see it, but I 
was trying to listen very carefully. As I understand it, it tries to 
change the basic immigration law that is the law of the land. I 
therefore think it should be subject to a point of order as not 
germane.''.

  Mr. GILMAN was recognized to speak to the point of order and said:

  ``Mr. Speaker, I join with the distinguished chairman of the Committee 
in raising the issue that this is a nongermane amendment.''.

  Mr. MANZULLO was recognized to speak to the point of order and said:

  ``Mr. Speaker, under these very exceptional circumstances as to this 
rough language that was found in this bill as brought to the house by 
the gentleman from Pennsylvania, I think it would be in the best order 
and in the best interests of the American public to defeat this bill in 
final passage and sent it back to the full Committee on Foreign Affairs 
to redo the language.''.

  The SPEAKER pro tempore, Mr. KLECZKA, sustained the point of order, 
and said:

  ``The gentleman from Indiana [Mr. Hamilton] makes a point of order 
that the amendment contained in the motion to recommit with instructions 
is not germane. The test of germaneness in this situation is to measure 
the amendment against the bill in its perfected form. The bill, as 
amended, appears to confine changes in law to those within the 
jurisdiction of the Committee on Foreign Affairs.
  ``While section 10 does express the sense of Congress relating to 
Iraqi refugees, the bill does not change the Immigration and Nationality 
Act, other laws relating to admission of refugees, or contain other 
matter within the jurisdiction of the Committee on the Judiciary.
  ``Since the amendment would change immigration law and the bill would 
not, the Chair sustains the point of order.''.

  Mr. MANZULLO moved to recommit the bill to the Committee on Foreign 
Affairs with instructions to report the bill back to the House forthwith 
with the following amendment:

       Strike section 10(a) and insert the following:

     SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF 
                   INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF 
                   IRAQ DURING THE PERSIAN GULF CONFLICT.

       (a) Statement of Policy.--It is the sense of the Congress 
     that individuals who have served in the armed forces of Iraq 
     during the Persian Gulf conflict should not be admitted to 
     the United States as refugees under the Immigration and 
     Nationality Act except in exceptional circumstances.
  After debate,
  By unanimous consent, the previous question was ordered on the motion 
to recommit with instructions.
  The question being put, viva voce,
  Will the House recommit said bill with instructions?

[[Page 725]]

  The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
  So the motion to recommit with instructions was agreed to.
  Mr. HAMILTON, by direction of the Committee on Foreign Affairs and 
pursuant to the foregoing order of the House reported the bill back to 
the House with said amendment.
  The question being put, viva voce,
  Will the House agree to said amendment?
  The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
  So the amendment was agreed to.
  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. KLECZKA, announced that the yeas had it.
  Mr. KANJORSKI demanded that the vote be taken by the yeas and nays, 
which demand was supported by one-fifth of the Members present, so the 
yeas and nays were ordered.
  The vote was taken by electronic device.

It was decided in the

Yeas

398

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affirmative

Nays

5