Congressional Record: June 6, 1995 (Senate) - Pages S7787 - S7798
From the Congressional Record Online via GPO Access - DOCID:cr06jn95-91: Various Amendments
S.735: Comprehensive Terrorism Prevention Act of 1995 - June 6, 1995: Various Amendments
[Congressional Record: June 6, 1995 (Senate)]
[Page S7787-S7798]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr06jn95-91]
AMENDMENTS SUBMITTED
______
COMPREHENSIVE TERRORISM PREVENTION ACT OF 1995
______
COVERDELL (AND SIMPSON) AMENDMENT NO. 1210
(Ordered to lie on the table.)
Mr. COVERDELL (for himself and Mr. Simpson) proposed an amendment to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the appropriate place in the amendment, insert the following new
section:
SEC. . PROOF OF CITIZENSHIP; VOTER REGISTRATION.
(a) Proof of Citizenship Requirement for Voter Registration.--
Notwithstanding any provision of the National Voter Registration Act of
1993 (Public Law 103-31; 107 Stat. 77) or any other provision of law, a
Federal, State, or local government agency that performs voter
registration activities for elections for Federal office may require
proof of United States citizenship from any individual applying for
such registration.
(b) Prohibition of Voter Registration as Proof of Citizenship.--
Notwithstanding any provision of the National Voter Registration Act of
1993 (Public Law 103-31; 107 Stat. 77) or any other provision of law, a
Federal, State, or local government agency may not use a voter
registration card (or other related document) that evidences
registration for an election for Federal office, as evidence to prove
United States citizenship.
______
KYL AMENDMENT NO. 1211
(Ordered to lie on the table.)
Mr. KYL submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the appropriate place, insert the following new section:
SEC. . STOPPING ABUSE OF FEDERAL COLLATERAL REMEDIES.
(a) In General.--Chapter 153 of title 28, United States
Code, is amended by adding at the end the following:
Sec. 2257. Adequacy of State remedies
``Notwithstanding any other provision of law, an
application for a writ of habeas corpus in behalf of a person
in custody pursuant to a judgment or order of a State court
shall not be entertained by a court of the United States
unless the remedies in the courts of the State are inadequate
or ineffective to test the legality of the person's
detention.''.
(b) Clerical Amendment.--The table of sections for chapter
153 of title 18, United States Code, is amended by adding at
the end the following:
``2257. Adequacy of State remedies.''.
______
KERRY (AND SIMON) AMENDMENT NO. 1212
(Ordered to lie on the table.)
Mr. KERRY (for himself and Mr. Simon) submitted an amendment intended
to be proposed by them to the bill S. 635, supra; as follows:
SEC. 1. DEALERS OF AMMUNITION.
(a) Definition.--Section 921(a)(11)(A) of title 18, United
States Code, is amended by inserting ``or ammunition'' after
``firearms''.
(b) Licensing.--Section 923(a) of title 18, United States
Code, is amended--
(1) in the matter preceding paragraph (1) by striking ``or
importing or manufacturing ammunition'' and inserting ``or
importing, manufacturing, or dealing in ammunition''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``or'' the last place
it appears; [[Page S7788]]
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by inserting the following new subparagraph:
``(C) in ammunition other than ammunition for destructive
devices, $10 per year.''.
(c) Unlawful Acts.--Section 922(a)(1)(A) of title 18,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by inserting ``or ammunition'' after ``firearms''; and
(ii) by inserting ``or ammunition'' after ``firearm''; and
(B) in subparagraph (B), by striking ``or licensed
manufacturer'' and inserting ``licensed manufacturer, or
licensed dealer'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``or ammunition'' after ``firearm'';
(3) in paragraph (3), by inserting ``or ammunition'' after
``firearm'' the first place it appears;
(4) in paragraph (5), by inserting ``or ammunition'' after
``firearm'' the first place it appears; and
(5) in paragraph (9), by inserting ``or ammunition'' after
``firearms''.
(d) Penalties.--Section 924 of title 18, United States
Code, is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)(i), by striking ``1 year'' and
inserting ``2 years''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``1 year'' and inserting ``2
years''; and
(ii) in clause (ii), by striking ``10 years'' and inserting
``20 years''; and
(2) by adding at the end the following new subsection:
``(o) Except to the extent a greater minimum sentence is
otherwise provided, any person at least 18 years of age who
violates section 922(g) shall be subject to--
``(1) twice the maximum punishment authorized by this
subsection; and
``(2) at least twice any term of supervised release.''.
(e) Application of Brady Handgun Violence Prevention Act to
Transfer of Ammunition.--Section 922(t) of title 18, United
States Code, is amended by inserting ``or ammunition'' after
``firearm'' each place it appears.
SEC. 2 REGULATION OF ARMOR PIERCING AND NEW TYPES OF
DESTRUCTIVE AMMUNITION.
(a) Testing of Ammunition.--Section 921(a)(17) of title 18,
United States Code, is amended--
(1) by redesignating subparagraph (D), as added by section
2(e)(2), as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) Notwithstanding subchapter II of chapter 5 of
title 5, United States Code, not later than 1 year after the
date of enactment of this subparagraph, the Secretary shall--
``(I) establish uniform standards for testing and rating
the destructive capacity of projectiles capable of being used
in handguns;
``(II) utilizing the standards established pursuant to
subclause (I), establish performance-based standards to
define the rating of `armor piercing ammunition' based on the
rating at which the projectiles pierce armor; and
``(III) at the expense of the ammunition manufacturer
seeking to sell a particular type of ammunition, test and
rate the destructive capacity of the ammunition utilizing the
testing, rating, and performance-based standards established
under subclauses (I) and (II).
``(ii) The term `armor piercing ammunition' shall include
any projectile determined to have a destructive capacity
rating higher than the rating threshold established under
subclause (II), in addition to the composition-based
determination of subparagraph (B).
``(iii) The Congress may exempt specific ammunition
designed for sporting purposes from the definition of `armor
piercing ammunition'.''.
(b) Prohibition.--Section 922(a) of title 18, United States
Code, is amended--
(1) in paragraph (7)--
(A) by striking ``or import'' and inserting ``, import,
possess, or use'';
(B) in subparagraph (B), by striking ``and';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(D) the manufacture, importation, or use of any
projectile that has been proven, by testing performed at the
expense of the manufacturer of the projectile, to have a
lower rating threshold than armor piercing ammunition.''; and
(2) in paragraph (8)--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) the manufacture, importation, or use of any
projectile that has been proven, by testing performed at the
expense of the manufacturer of the projectile, to have a
lower rating threshold than armor piercing ammunition.''.
______
NUNN AMENDMENT NO. 1213
(Ordered to lie on the table.)
Mr. NUNN proposed an amendment to amendment No. 1199, proposed by Mr.
Dole, to the bill, S. 735, supra; as follows:
On page 160, between line 11 and 12, insert the following:
SEC. 901. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH
RESPECT TO OFFENSES INVOLVING BIOLOGICAL AND
CHEMICAL WEAPONS.
(a) Biological Weapons of Mass Destruction.--Section 175 of
title 18, United States Code, is amended by adding at the end
the following:
``(c)(1) Military Assistance.--The Attorney General may
request that the Secretary of Defense provide assistance in
support of Department of Justice activities relating to the
enforcement of this section in an emergency situation
involving biological weapons of mass destruction. Department
of Defense resources, including personnel of the Department
of Defense, may be used to provide such assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving biological
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation
involving biological weapons of mass destruction' means a
circumstance involving a biological weapon of mass
destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian expertise is not readily available to
provide the required assistance to counter the threat posed
by the biological weapon of mass destruction involved;
``(ii) Department of Defense special capabilities and
expertise are needed to counter the threat posed by the
biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously impaired
if the Department of Defense assistance were not provided.
``(3) The assistance referred to in paragraph (1) includes
the operation of equipment (including equipment made
available under section 372 of title 10) to monitor, contain,
disable, or dispose of a biological weapon of mass
destruction or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of
assistance that may be provided under this subsection. Such
regulations shall also describe the actions that Department
of Defense personnel may take in circumstances incident to
the provision of assistance under this subsection. Such
regulations may not authorize arrest except in exigent
circumstances or as otherwise authorized by law.
``(5) The Secretary of Defense shall require reimbursement
as a condition for providing assistance under this subsection
in accordance with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this subsection.
The Attorney General may delegate the Attorney General's
authority under this subsection only to the Associate
Attorney General or an Assistant Attorney General and only if
the Associate Attorney General or Assistant Attorney General
to whom delegated has been designated by the Attorney General
to act for, and to exercise the general powers of, the
Attorney General.
``(B) Except to the extent otherwise provided by the
Secretary of Defense, the Deputy Secretary of Defense may
exercise the authority of the Secretary of Defense under this
subsection. The Secretary of Defense may delegate the
Secretary's authority under this subsection only to an Under
Secretary of Defense or an Assistant Secretary of Defense and
only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for,
and to exercise the general powers of, the Secretary.''.
(b) Chemical Weapons of Mass Destruction.--The chapter 113B
of title 18, United States Code, that relates to terrorism,
is amended by inserting after section 2332a the following:
``Sec. 2332b. Use of chemical weapons
``(a) Offense.--A person who without lawful authority uses,
or attempts or conspires to use, a chemical weapon--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the
United States, whether the property is within or outside of
the United States,
shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for
any term of years or for life.
``(b) Definitions.--For purposes of this section--
``(1) the term ``national of the United States'' has the
meaning given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term ``chemical weapon'' means any weapon that is
designed to cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals or their precursors.
``(c)(1) Military Assistance.--The Attorney General may
request that the Secretary [[Page S7789]] of Defense provide
assistance in support of Department of Justice activities
relating to the enforcement of this section in an emergency
situation involving chemical weapons of mass destruction.
Department of Defense resources, including personnel of the
Department of Defense, may be used to provide such assistance
if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving chemical
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation
involving chemical weapons of mass destruction' means a
circumstance involving a chemical weapon of mass
destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian law enforcement expertise is not readily
available to provide the required assistance to counter the
threat posed by the chemical weapon of mass destruction
involved;
``(ii) Department of Defense special capabilities and
expertise are needed to counter the threat posed by the
biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously impaired
if the Department of Defense assistance were not provided.
``(3) The assistance referred to in paragraph (1) includes
the operation of equipment (including equipment made
available under section 372 of title 10) to monitor, contain,
disable, or dispose of a chemical weapon of mass destruction
or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of
assistance that may be provided under this subsection. Such
regulations shall also describe the actions that Department
of Defense personnel may take in circumstances incident to
the provision of assistance under this subsection. Such
regulations may not authorize arrest except in exigent
circumstances or as otherwise authorized by law.
``(5) The Secretary of Defense shall require reimbursement
as a condition for providing assistance under this subsection
in accordance with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this subsection.
The Attorney General may delegate the Attorney General's
authority under this subsection only to the Associate
Attorney General or an Assistant Attorney General and only if
the Associate Attorney General or Assistant Attorney General
to whom delegated has been designated by the Attorney General
to act for, and to exercise the general powers of, the
Attorney General.
``(B) Except to the extent otherwise provided by the
Secretary of Defense, the Deputy Secretary of Defense may
exercise the authority of the Secretary of Defense under this
subsection. The Secretary of Defense may delegate the
Secretary's authority under this subsection only to an Under
Secretary of Defense or an Assistant Secretary of Defense and
only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for,
and to exercise the general powers of, the Secretary.''.
(c) Clerical Amendment.--The chapter analysis for chapter
113B of title 18, United States Code, is amended by inserting
after the item relating to section 2332a the following:
``2332b. Use of chemical weapons.''.
(d) Use of Weapons of Mass Destruction.--Section 2332a(a)
of title 18, United States Code, is amended by inserting
``without lawful authority'' after ``A person who''.
______
BOXER AMENDMENT NO. 1214
Mrs. BOXER proposed an amendment to amendment No. 1199, proposed by
Mr. Dole, to the bill, S. 735, supra, as follows:
On page 17, between lines 2 and 3, insert the following new
section:
SEC. 108. INCREASED PERIODS OF LIMITATION FOR NATIONAL
FIREARMS ACT VIOLATIONS.
Section 6531 of the Internal Revenue Code of 1986 is
amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively; and
(2) by amending the matter immediately preceding
subparagraph (A), as redesignated, to read as follows: ``No
person shall be prosecuted, tried, or punished for any
criminal offense under the internal revenue laws unless the
indictment is found or the information instituted not later
than 3 years after the commission of the offense, except that
the period of limitation shall be--
``(1) 5 years for offenses described in section 5861
(relating to firearms and other devices); and
``(2) 6 years--.''.
______
LIEBERMAN (AND BIDEN) AMENDMENT NO. 1215
(Ordered to lie on the table.)
Mr. LIEBERMAN (for himself and Mr. Biden) submitted an amendment
intended to be proposed by him to the bill, S. 735, supra; as follows:
Insert at the appropriate place the following new section:
SEC. . REVISION TO EXISTING AUTHORITY FOR MULTIPOINT
WIRETAPS.
(a) Section 2518(11)(b)(ii) of title 18 is amended: by
deleting ``of a purpose, on the part of that person, to
thwart interception by changing facilities.'' and inserting
``that the person had the intent to thwart interception or
that the person's actions and conduct would have the effect
of thwarting interception from a specified facility.''
(b) Section 2518(11)(b)(iii) is amended to read:
``(iii) the judge finds that such showing has been
adequately made.''
______
KOHL AMENDMENT NO. 1216
(Ordered to lie on the table)
Mr. KOHL submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the appropriate place, insert the following:
SEC. . GUN-FREE SCHOOLS.
Section 922(q) of title 18, United States, Code, is amended
to read as follows:
``(q)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both
the Judiciary Committee of the House of Representatives and
the Judiciary Committee of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to
or through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to
send their children to school for the same reason;
``(F) the occurrence of violent crime in school zones as
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves; even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.
``(2)(A) It shall be unlawful for any individual knowingly
to possess a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that the
individual knows, or has reasonable cause to believe, is a
school zone.
``(B) Subparagraph (A) shall not apply to the possession of
a firearm--
``(i) on private property not part of school grounds;
``(ii) if the individual possessing the firearm is licensed
to do so by the State in which the school zone is located or
a political subdivision of the State, and the law of the
State or political subdivision requires that, before an
individual obtains such a license, the law enforcement
authorities of the State
or political subdivision verify that the individual is
qualified under law to receive the license;
``(iii) which is--
``(I) not loaded; and
``(II) in a locked container, or a locked firearms rack
which is on a motor vehicle;
``(iv) by an individual for use in a program approved by a
school in the school zone;
``(v) by an individual in accordance with a contract
entered into between a school in the school zone and the
individual or an employer of the individual;
``(vi) by a law enforcement officer acting in his or her
official capacity; or
``(vii) that is unloaded and is possessed by an individual
while traversing school premises for the purpose of gaining
access to public or private lands open to hunting, if the
entry in school premises is authorized by school authorities.
``(3)(A) Except as provided in subparagraph (B), it shall
be unlawful for any person, knowingly or with reckless
disregard for the safety of another, to discharge or attempt
to discharge a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that the
person knows is a school zone.
``(B) Subparagraph (A) shall not apply to the discharge of
a firearm--
``(i) on private property not part of school
grounds; [[Page S7790]]
``(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in the
program;
``(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
``(iv) by a law enforcement officer acting in his or her
official capacity.
``(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.''.
______
BIDEN AMENDMENT NO. 1217
(Ordered to lie on the table.)
Mr. BIDEN submitted an amendment intended to be proposed by him to
the bill, S. 735, supra; as follows:
Delete Title 6, subtitle A and insert the following:
Subtitle A--Collateral Review in Federal Criminal Cases
SEC. 601. FILING DEADLINES.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth paragraphs; and
(2) by adding at the end the following new paragraphs:
``A one-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, if the
movant was prevented from making a motion by such
governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and is made retroactively
applicable; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``In a proceeding under this section before a district
court, the final order shall be subject to review, on appeal,
by the court of appeals for the circuit in which the
proceeding is held only if a circuit justice or judges issues
a certificate of appealability. A certificate of
appealability may issue only if the movant has made a
substantial showing of the denial of a constitutional right.
A certificate of appealability shall indicate which specific
issue or issues shows such a denial of a constitutional
right.
``A claim presented in a second or successive motion under
this section that was presented in a prior motion shall be
dismissed.
``A claim presented in a second or successive motion under
this section that was not presented in a prior motion shall
be dismissed unless--
``(A) the movant shows that the claim relies on a new rule
of constitutional law, made retroactive by the Supreme Court,
that was previously unavailable; or
``(B) (1) the factual predicate for the claim could not
have been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have
found the movant guilty of the underlying offense.
``Before a second or successive motion under this section
is filed in the district court, the movant shall move in the
appropriate court of appeals for an order authorizing the
district court to consider the application. A motion in the
court of appeals for an order authorizing the district court
to consider a second or successive motion shall be determined
by a three-judge panel of the court of appeals. The court of
appeals may authorize the filing of a second or successive
motion only if it determines that the motion makes a prima
facie showing that the motion satisfies the requirements in
this section. The court of appeals shall grant or deny the
authorization to file a second or successive motion not later
than 30 days after the filing of the motion.
``The grant or denial of an authorization by a court of
appeals to file a second or successive motion shall not be
appealable and shall not be the subject of a petition for
rehearing or a writ of certiorari.
``A district court shall dismiss any claim presented in a
second or successive motion that the court of appeals has
authorized to be filed unless the applicant shows that the
claim satisfies the requirements of this section.''.
______
KENNEDY AMENDMENT NO. 1218
(Ordered to lie on the table.)
Mr. KENNEDY proposed an amendment to amendment No. 1199, proposed by
Mr. Dole, to the bill, S. 735, supra; as follows:
On page 48, line 12, before the period insert the
following: ``, except that any proceeding conducted under
this section which involves the use of classified evidence
shall be conducted in accordance with the procedures of
section 501.''
______
KENNEDY AMENDMENT NO. 1219
(Ordered to lie on the table.)
Mr. KENNEDY submitted an amendment intended to be proposed by him to
the bill, S. 735, supra; as follows:
At the appropriate place, insert the following new section:
SEC. . ASSISTANCE TO LAW ENFORCEMENT.
Section 923(g)(3)(B) of title 18, United States Code, is
amended--
(1) by striking ``, and shall destroy each such form and
any record of the contents thereof no more than 20 days from
the date such form is received''; and
(2) by striking ``and that all forms and any record of the
contents thereof have been destroyed as provided in this
subparagraph''.
______
FEINGOLD AMENDMENT NO. 1220
(Ordered to lie on the table.)
Mr. FEINGOLD submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
On page 100, strike beginning with line 1 through page 144,
line 4.
______
LAUTENBERG (AND OTHERS) AMENDMENT NO. 1221
(Ordered to lie on the table.)
Mr. LAUTENBERG (for himself, Mrs. Feinstein, Mr. Simon, and Mr.
Levin) submitted an amendment intended to be proposed by them to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the appropriate place in amendment No. 1199, insert the
following:
SEC. . TERMINATION OF THE ARMY CIVILIAN MARKSMANSHIP
PROGRAM.
(a) Repeal of Authority.--Chapter 410 of title 10, United
States Code, is amended--
(1) by striking out sections 4307, 4308, 4310, 4311, 4312,
and 4313;
(2) in section 4309--
(A) in subsection (a), by striking out ``and by persons
capable of bearing arms'' and inserting in lieu thereof ``law
enforcement agencies''; and
(B) in subsection (b), by striking out ``civilians'' each
place it appears in paragraphs (1) and (3) and inserting in
lieu thereof ``law enforcement agencies''; and
(3) in the table of sections at the beginning of chapter
410 of such title, by striking out the items relating to
sections 4307, 4308, 4310, 4311, 4312, and 4313.
(b) Transfer of Civilian Marksmanship Program Funds to the
Department of Justice for Anti-terrorism Activities of the
FBI.--The unobligated balance of the funds available for
carrying out the Civilian Marksmanship Program of the Army,
including funds credited under section 4308 of title 10,
United States Code, to appropriations available for support
of such program and funds appropriated by title II of Public
Law 103-335 under the heading ``National Board for the
Promotion of Rifle Practice, Army'', is transferred to the
Department of Justice to be available for anti-terrorism
activities of the Federal Bureau of Investigation beginning
October 1, 1995.
(c) Fiscal Year 1996 Funding Not Authorized for the
National Board for the Promotion of Rifle Practice.--Funds
are not authorized to be appropriated for fiscal year 1996
for the National Board for the Promotion of Rifle Practice.
______
LAUTENBERG (AND SIMON) AMENDMENT NO. 1222
(Ordered to lie on the table.)
Mr. Lautenberg (for himself and Mr. Simon) submitted an amendment
intended to be proposed by them to amendment No. 1199, proposed by Mr.
Dole, to the bill, S. 735, supra; as follows:
At the appropriate place in amendment No. 1199 insert the
following new sections:
SEC. . ADMINISTRATIVE RELIEF FROM CERTAIN FIREARMS AND
EXPLOSIVES PROHIBITIONS.
(a) In General.--(1) Section 925(c) of title 18, United
States Code, is amended--
(A) in the first sentence by inserting ``(other than a
natural person)'' before ``who is prohibited'';
(B) in the fourth sentence--
(i) by inserting ``person (other than a natural person) who
is a'' before ``licensed importer''; and
(ii) by striking ``his'' and inserting ``the person's'';
and
(C) in the fifth sentence, by inserting ``(i) the name of
the person, (ii) the disability with respect to which the
relief is granted, (iii) if the disability was imposed by
reason of a criminal conviction of the person, the crime for
which and the court in which the person was convicted, and
(iv)'' before ``the reasons therefor''.
(2) Section 845(b) of title 18, United States Code, is
amended--
(A) in the first sentence by inserting ``(other than a
natural person)'' before ``may make application to the
Secretary''; and
(B) in the second sentence by inserting ``(other than a
natural person)'' before ``who makes application for
relief''. [[Page S7791]]
(b) Applicability.--The amendments made by subsection (a)
shall apply to--
(1) applications for administrative relief and actions for
judicial review that are pending on the date of enactment of
this Act; and
(2) applications or administrative relief filed, and
actions for judicial review brought, after the date of
enactment of this Act.
SEC. . PERMANENT FIREARM PROHIBITION FOR CONVICTED VIOLENT
FELONS AND SERIOUS DRUG OFFENDERS.
Section 921(a)(20) of title 18, United States Code, is
amended--
(1) in the first sentence--
(A) by inserting ``(A) after ``(20)''; and
(B) by redesignating subparagraphs (A) and (B) in clauses
(i) and (ii), respectively;
(2) in the second sentence, by striking ``What'' and
inserting the following:
``(B) What''; and
(3) by striking the third sentence and inserting the
following new subparagraph:
``(C) A conviction shall not be considered to be a
conviction for purposes of this chapter if--
``(i) the conviction is reversed or set aside based on a
determination that the conviction is invalid;
``(ii) the person has been pardoned, unless the authority
that grants the pardon expressly states that the person may
not ship transport, possess or receive firearms; or
``(iii) the person has had civil rights restored, or the
conviction is expunged, and--
``(I) the authority that grants the restoration of civil
rights or expunction expressly authorizes the person to ship,
transport, receive, and possess firearms and expressly
determines that the circumstances regarding the conviction
and the person's record and reputation are such that the
person is not likely to act in a manner that is dangerous to
public safety, and the granting of the relief is not contrary
to the public interest; and
``(II) the conviction was for an offense other than serious
drug offense (as defined in section 924(e)(2)(A)) or violent
felony (as defined in section 924(e)(2)(B)).''.
______
D'AMATO AMENDMENT NO. 1223
(Ordered to lie on the table.)
Mr. D'AMATO submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the appropriate place, insert the following new section:
SEC. ----. FICTITIOUS FINANCIAL INSTRUMENTS.
(a) Short Title.--This section may be cited as the
``Financial Instruments Anti-Fraud Act of 1995''.
(b) Increased Penalties For Counterfeiting Violations.--
Sections 474 and 474A of title 18, United States Code, are
amended by striking ``class C felony'' each place such term
appears and inserting ``class B felony''.
(c) Criminal Penalty For Production, Sale, Transportation,
Possession of Fictitious Financial Instruments Purporting To
Be Those of the States, of Political Subdivisions, and of
Private Organizations.--
(1) In general.--Chapter 27 of title 18, United States
Code, is amended by inserting after section 513, the
following new section:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise makes, or attempts or causes the same, within the
United States;
``(2) passes, utters, presents, offers, brokers, issues,
sells, or attempts or causes the same, or with like intent
possesses, within the United States; or
``(3) utilizes interstate or foreign commerce, including
the use of the mails or wire, radio, or other electronic
communication, to transmit, transport, ship, move, transfer,
or attempts or causes the same, to, from, or through the
United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other
financial instrument issued under the authority of the United
States, a foreign government, a State or other political
subdivision of the United States, or an organization, shall
be guilty of a class B felony.
``(b) For purposes of this section, any term used in this
section that is defined in section 513(c) shall have the same
meaning given such term in section 513(c).
``(c) The United States Secret Service, in addition to any
other agency having such authority, shall have authority to
investigate offenses under this section.''.
``(2) Technical amendment.--The analysis for chapter 27 of
title 18, United States Code, is amended by inserting after
the item relating to section 513 the following:
``514. Fictitious obligations.''.
______
BIDEN AMENDMENT NO. 1224
(Ordered to lie on the table.)
Mr. BIDEN submitted an amendment intended to be proposed by him to
the bill, S. 735, supra; as follows:
Delete page 105 line 3 through page 105 line 17.
______
FEINSTEIN AMENDMENT NO. 1225
(Ordered to lie on the table.)
Mrs. FEINSTEIN proposed an amendment to the bill, S. 735, supra; as
follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL
ACT FOR COUNTRIES NOT COOPERATING FULLY WITH
UNITED STATES ANTITERRORISM EFFORTS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et
seq.) is amended by adding at the end the following:
``Sec. 40A. Transactions with Countries Not Fully Cooperating
with United States Antiterrorism Efforts.
``(a) Prohibited Transactions.--No defense article or
defense service may be sold or licensed for export under this
Act to a foreign country in a fiscal year unless the
President determines and certifies to Congress at the
beginning of that fiscal year, or at any other time in that
fiscal year before such sale or license, that the country is
cooperating fully with United States antiterrorism efforts.
``(b) Waiver.--The President may waive the prohibition set
forth in subsection (a) with respect to a specific
transaction if the President determines that the transaction
is essential to the national security interests of the United
States.''.
______
BIDEN AMENDMENT NO. 1226
(Ordered to lie on the table.)
Mr. BIDEN submitted an amendment intended to be proposed by him to
amendment no. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
Delete from page 106, line 20 through all of page 125 and
insert the following:
``(h) The ineffectiveness or incompetence of counsel during
Federal or State collateral post-conviction proceedings shall
not be a ground for relief in a proceeding arising under
section 2254.''.
SEC. 605. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, if the
movant was prevented from making a motion by such
governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``In all proceedings brought under this section, and any
subsequent proceedings on review, appointment of counsel for
a movant who is or becomes financially unable to afford
counsel shall be in the discretion of the court, except as
provided by a rule promulgated by the Supreme Court pursuant
to statutory authority. Appointment of counsel under this
section shall be governed by section 3006A of title 18.
``A second or successive motion must be certified as
provided in section 2244 by a panel of the appropriate court
of appeals to contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense;
or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 606. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section
2244(a) of title 28, United States Code, is amended by
striking ``and the petition'' and all that follows through
``by such inquiry.'' and inserting ``, except as provided in
section 2255.''.
(b) Limits on Second or Successive Applications.--Section
2244(b) of title 28, United States Code, is amended to read
as follows:
``(b)(1) A claim presented in a second or successive habeas
corpus application under section 2254 that was presented in a
prior application shall be dismissed.
``(2) A claim presented in a second or successive habeas
corpus application under section 2254 that was not presented
in a prior application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by [[Page S7792]] clear and convincing evidence
that, but for constitutional error, no reasonable factfinder
would have found the applicant guilty of the underlying
offense.
``(3)(A) Before a second or successive application
permitted by this section is filed in the district court, the
applicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the
application.
``(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or
successive application shall be determined by a three-judge
panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a
second or successive application only if it determines that
the application makes a prima facie showing that the
application satisfies the requirements of this subsection.
``(D) The court of appeals shall grant or deny the
authorization to file a second or successive application not
later than 30 days after the filing of the motion.
``(E) The grant or denial of an authorization by a court of
appeals to file a second or successive application shall not
be appealable and shall not be the subject of a petition for
rehearing or for a writ of certiorari.
``(4) A district court shall dismiss any claim presented in
a second or successive application that the court of appeals
has authorized to be filed unless the applicant shows that
the claim satisfies the requirements of this section.''.
SEC. 607. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--
Title 28, United States Code, is amended by inserting after
chapter 153 the following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital
sentence; appointment of counsel; requirement of rule of
court or statute; procedures for appointment
``(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who are
subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
``(b) This chapter is applicable if a State establishes by
statute, rule of its court of last resort, or by another
agency authorized by State law, a mechanism for the
appointment, compensation, and payment of reasonable
litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose
capital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have
otherwise become final for State law purposes. The rule of
court or statute must provide standards of competency for the
appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must
offer counsel to all State prisoners under capital sentence
and must provide for the entry of an order by a court of
record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and
(c) to represent a State prisoner under capital sentence
shall have previously represented the prisoner at trial or on
direct appeal in the case for which the appointment is made
unless the prisoner and counsel expressly request continued
representation.
``(e) The ineffectiveness or incompetence of counsel during
State or Federal post-conviction proceedings in a capital
case shall not be a ground for relief in a proceeding arising
under section 2254. This limitation shall not preclude the
appointment of different counsel, on the court's own motion
or at the request of the prisoner, at any phase of State or
Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such
proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on
stays of execution; successive petitions
``(a) Upon the entry in the appropriate State court of
record of an order under section 2261(c), a warrant or order
setting an execution date for a State prisoner shall be
stayed upon application to any court that would have
jurisdiction over any proceedings filed under section 2254.
The application shall recite that the State has invoked the
post-conviction review procedures of this chapter and that
the scheduled execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection
(a) shall expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised
of the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and
fails to make a substantial showing of the denial of a
Federal right or is denied relief in the district court or at
any subsequent stage of review.
``(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the
authority to enter a stay of execution in the case, unless
the court of appeals approves the filing of a second or
successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time
requirements; tolling rules
``(a) Any application under this chapter for habeas corpus
relief under section 2254 must be filed in the appropriate
district court not later than 180 days after final State
court affirmance of the conviction and sentence on direct
review or the expiration of the time for seeking such review.
``(b) The time requirements established by subsection (a)
shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of
the petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until
the final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in the
Federal district court that would have jurisdiction over the
case upon the filing of a habeas corpus application under
section 2254; and
``(B) a showing of good cause is made for the failure to
file the habeas corpus application within the time period
established by this section.
``Sec. 2264. Scope of Federal review; district court
adjudications
``(a) Whenever a State prisoner under capital sentence
files a petition for habeas corpus relief to which this
chapter applies, the district court shall only consider a
claim or claims that have been raised and decided on the
merits in the State courts, unless the failure to raise the
claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court recognition of a new
Federal right made retroactively applicable to cases on
collateral review by the Supreme Court; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction
review.
``(b) Following review subject to subsections (a), (d), and
(e) of section 2254, the court shall rule on the claims
properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review'
procedure means a State procedure that authorizes a person
under sentence of death to raise, in the course of direct
review of the judgment, such claims as could be raised on
collateral attack. This chapter shall apply, as provided in
this section, in relation to a State unitary review procedure
if the State establishes by rule of its court of last resort
or by statute a mechanism for the appointment, compensation,
and payment of reasonable litigation expenses of competent
counsel in the unitary review proceedings, including expenses
relating to the litigation of collateral claims in the
proceedings. The rule of court or statute must provide
standards of competency for the appointment of such counsel.
``(b) To qualify under this section, a unitary review
procedure must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2261(c), concerning
appointment of counsel or waiver or denial of appointment of
counsel for that purpose. No counsel appointed to represent
the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for
which the appointment is made unless the prisoner and counsel
expressly request continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in
relation to cases involving a sentence of death from any
State having a unitary review procedure that qualifies under
this section. References to State `post-conviction review'
and `direct review' in such [[Page S7793]] sections shall be
understood as referring to unitary review under the State
procedure. The reference in section 2262(a) to `an order
under section 2261(c)' shall be understood as referring to
the post-trial order under subsection (b) concerning
representation in the unitary review proceedings, but if a
transcript of the trial proceedings is unavailable at the
time of the filing of such an order in the appropriate State
court, then the start of the 180-day limitation period under
section 2263 shall be deferred until a transcript is made
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications
and motions
``(a) The adjudication of any application under section
2254 that is subject to this chapter, and the adjudication of
any motion under section 2255 by a person under sentence of
death, shall be given priority by the district court and by
the court of appeals over all noncapital matters.
``(b)(1)(A) A district court shall render a final
determination and enter a final judgment on any application
for a writ of habeas corpus brought under this chapter in a
capital case not later than 180 days after the date on which
the application is filed.
``(B) A district court shall afford the parties at least
120 days in which to complete all actions, including the
preparation of all pleadings and briefs, and if necessary, a
hearing, prior to the submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for
the finding, that the ends of justice that would be served by
allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
``(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition of
an application is warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or
the existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case,
that, taken as a whole, is not so unusual or so complex as
described in subclause (II), but would otherwise deny the
applicant reasonable time to obtain counsel, would
unreasonably deny the applicant or the government continuity
of counsel, or would deny counsel for the applicant or the
government the reasonable time necessary for effective
preparation, taking into account the exercise of due
diligence.
``(iii) No delay in disposition shall be permissible
because of general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued
under clause (i) to the Director of the Administrative Office
of the United States Courts for inclusion in the report under
paragraph (5).
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or
the Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3)(A) The time limitations under this section shall not
be construed to entitle an applicant to a stay of execution,
to which the applicant would otherwise not be entitled, for
the purpose of litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas
corpus under this chapter shall be permitted after the filing
of the answer to the application, except on the grounds
specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by petitioning for a writ of mandamus to the court of
appeals. The court of appeals shall act on the petition for a
writ or mandamus not later than 30 days after the filing of
the petition.
``(5)(A) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance
by the district courts with the time limitations under this
section.
``(B) The report described in subparagraph (A) shall
include copies of the orders submitted by the district courts
under paragraph (1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a
final determination of any appeal of an order granting or
denying, in whole or in part, an application brought under
this chapter in a capital case not later than 120 days after
the date on which the reply brief is filed, or if no reply
brief is filed, not later than 120 days after the date on
which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc
not later than 30 days after the date on which the petition
for rehearing is filed unless a responsive pleading is
required, in which case the court shall decide whether to
grant the petition not later than 30 days after the date on
which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the
date on which the order granting rehearing or rehearing en
banc is entered.
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the
court of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run
from the date the remand is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by applying for a writ of mandamus to the Supreme
Court.
``(5) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance
by the courts of appeals with the time limitations under this
section.''.
(b) Technical Amendment.--The part analysis for part IV of
title 28, United States Code, is amended by adding after the
item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases...2261.''.....
(c) Effective Date.--Chapter 154 of title 28, United States
Code (as added by subsection (a)) shall apply to cases
pending on or after the date of enactment of this Act.
______
BOXER AMENDMENT NO. 1227
(Ordered to lie on the table.)
Mrs. BOXER submitted an amendment intended to be proposed by her to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
At the end of title IX, insert the following new section:
SEC. . STUDY OF LAWS REGULATING PARAMILITARY ACTIVITIES.
Not later than 60 days after the date of enactment of this
Act, the Attorney General shall prepare and submit to
Congress a report that--
(1) describes all Federal and State laws in effect on or
before the date of enactment of this Act that ban or regulate
the paramilitary activities of private groups; and
(2) includes the recommendations of the Attorney General
for a Federal law or model statute to regulate such
paramilitary activities.
______
ABRAHAM AMENDMENT NO. 1228
Mr. HATCH (for Mr. Abraham) proposed an amendment to the bill, S.
735, supra; as follows:
On p. 36, line 16, strike from ``to prepare a defense''
through the word ``imminent'' on p. 37, line 12, and insert
in its place the following: ``substantially the same ability
to make his defense as would disclosure of the classified
information.
``(C) The Attorney General shall cause to be delivered to
the alien a copy of the unclassified summary approved under
subparagraph (B).
``(D) If the written unclassified summary is not approved
by the court, the Department of Justice shall be afforded
reasonable opportunity to correct the deficiencies identified
by the court and submit a revised unclassified summary.
``(E) If the revised unclassified summary is not approved
by the court, the special removal hearing shall be terminated
unless the court, after reviewing the classified information
in camera and ex parte issues findings that--
``(i) the alien's continued presence in the U.S. poses a
reasonable likelihood of causing
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(ii) provision of either the classified information or an
unclassified summary that meets the standard set out in (B)
poses a reasonable likelihood of causing
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(iii) the unclassified summary prepared by the Department
of Justice is adequate to allow the alien to prepare a
defense.
``(F) If the Court makes these findings, the special
removal hearing shall continue, and [[Page S7794]] the
Attorney General shall cause to be delivered to the alien a
copy of the unclassified summary together with a statement
that it meets the standard set forth in paragraph (E) rather
than the one set forth in paragraph (C).
``(G) If the Court concludes that the unclassified summary
does not meet the standard set forth in paragraph (E), the
special removal hearing shall be terminated unless the court,
after reviewing the classified information in camera and ex
parte finds, by clear and convincing evidence, that--
``(i) the alien's continued presence in the United States--
``(I) would cause serious and irreparable harm to the
national security; or
``(II) would likely cause''.
______
BROWN AMENDMENT NO. 1229
Mr. HATCH (for Mr. Brown) proposed an amendment to the bill, S. 735,
supra; as follows:
At the appropriate place in the bill, add the following new
section--
``SEC. . TERRORISM AND THE PEACE PROCESS IN NORTHERN
IRELAND.
(a) Sense of Congress.--It is the Sense of the Congress
that--
(1) All parties involved in the peace process should
renounce the use of violence and refrain from employing
terrorist tactics, including punishment beatings;
(2) The United States should take no action that supports
those who use international terrorism as a means of
furthering their ends in the peace process in northern
Ireland;
(3) United States policy should not discourage any
agreement reached in northern Ireland that is ratified by a
democratic referendum.
(b) Report.--Section 620 of the Foreign Assistance Act of
1961 is amended by adding the following--
``SEC. 620G. REPORT ON NORTHERN IRELAND.
The President shall provide a biannual report beginning 60
days after the date of enactment of this Act to the
appropriate committees of Congress on--
(1) The renunciation of violence and steps taken toward
disarmament by all parties in the northern Ireland peace
process;
(2) Any terrorist incidents in northern Ireland in the
intervening six months, their perpetrators, actions taken by
the United States to denounce the acts of violence, United
States efforts to assist in the detention and arrest of these
terrorists and U.S. efforts to arrest or detain any elements
that have provided them direct or indirect support;
(3) Fundraising in the United States by the Irish
Republican Army, Sinn Fein or any associated organization and
whether any of these funds have been used to support
international terrorist activities.''
______
HEFLIN (AND SHELBY) AMENDMENT NO. 1230
(Ordered to lie on the table.)
Mr. HEFLIN (for himself and Mr. Shelby) proposed an amendment to
amendment No. 1199, proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
At the appropriate place, insert the following: ``In
conducting any portion of the study relating to the
regulation and use of fertilizer as a pre-explosive material,
the Secretary of the Treasury shall consult with and receive
input from non-profit fertilizer research centers and include
their opinions and findings in the report required under
subsection (c).''.
______
GRAMM AMENDMENTS NOS. 1231-1232
(Ordered to lie on the table.)
Mr. GRAMM submitted two amendments intended to be proposed by him to
the bill, S. 735, supra; as follows:
Amendment No. 1231
At the appropriate place insert the following:
SEC. . INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS
USING FIREARMS
Section 924(c)(1) of title 18, United States Code, is
amended by inserting after the first sentence the following:
``Except to the extent a greater minimum sentence is
otherwise provided by the preceding sentence or by any other
provision of this subsection or any other law, a person who,
during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug
trafficking crime which provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or
device) for which a person may be prosecuted in a court of
the United States, uses or carries a firearm, shall, in
addition to the punishment provided for such crime of
violence or drug trafficking crime--
``(A) be punished by imprisonment for not less than 10
years;
``(B) if the firearm is discharged, be punished by
imprisonment for not less than 20 years; and
``(C) if the death of a person results, be punished by
death or by imprisonment for not less than life.''.
____
Amendment No. 1232
SEC. . INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS
USING FIREARMS
Section 924(c)(1) of title 18, United States Code, is
amended by inserting after the first sentence the following:
``Except to the extent a greater minimum sentence is
otherwise provided by the preceding sentence or by any other
provision of this subsection or any other law, a person who,
during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug
trafficking crime which provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or
device) for which a person may be prosecuted in a court of
the United States, uses or carries a firearm, shall, in
addition to the punishment provided for such crime of
violence or drug trafficking crime--
``(A) be punished by imprisonment for not less than 10
years;
``(B) if the firearm is discharged, be punished by
imprisonment for not less than 20 years; and
``(C) if the death of a person results, be punished by
death or by imprisonment for not less than life.''.
______
HATCH AMENDMENT NO. 1233
(Ordered to lie on the table.)
Mr. HATCH submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
On page 160, between lines 11 and 12, insert the following:
SEC. 901. FOREIGN AIR TRAVEL SAFETY.
Section 44906 of title 49, United States Code, is amended
to read as follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration
shall continue in effect the requirement of section 129.25 of
title 14, Code of Federal Regulations, that a foreign air
carrier must adopt and use a security program approved by the
Administrator. The Administrator shall only approve a
security program of a foreign air carrier under section
129.25, or any successor regulation, if the Administrator
decides the security program provides passengers of the
foreign air carrier a level of protection identical to the
level those passengers would receive under the security
programs of air carriers serving the same airport. The
Administrator shall prescribe regulations to carry out this
section.''.
______
SIMON (AND KENNEDY) AMENDMENT NO. 1234
(Ordered to lie on the table.)
Mr. SIMON (for himself and Mr. Kennedy) submitted an amendment
intended to be proposed by them to amendment No. 1199, proposed by Mr.
Dole, to the bill, S. 735, supra; as follows:
Strike page 36, line 13, through page 38, line 20, and
insert the following in lieu thereof:
``(B) The judge shall approve the summary if the judge
finds that it is sufficient to inform the alien of the nature
of the evidence that such person is an alien as described in
section 241(a), and to provide the alien with substantially
the same ability to make his defense as would disclosure of
the classified information.
``(C) The Attorney General shall cause to be delivered to
the alien a copy of the unclassified summary approved under
subparagraph (B).
``(D) If the written unclassified summary is not approved
by the court pursuant to subparagraph (B), the Department of
Justice shall be afforded reasonable opportunity to correct
the deficiencies identified by the court and submit a revised
unclassified summary.
``(E) If the revised unclassified summary is not approved
by the court pursuant to subparagraph (B), the special
removal hearing shall be terminated unless the court, after
reviewing the classified information in camera and ex parte,
issues written findings that--
``(i) the alien's continued presence in the United States
would likely cause
``(I) serious and irreperable harm to the national
security; or
``(II) death or serious bodily injury to any person;
and
``(ii) provision of either the classified information or an
unclassified summary that meets the standard set forth in
subparagraph (B) would likely cause
``(I) serious and irreperable harm to the national
security; or
``(II) death or serious bodily injury to any person;
and
``(iii) the unclassified summary prepared by the Justice
Department is adequate to allow the alien to prepare a
defense.
``(F) If the court issues such findings, the special
removal proceeding shall continue, and the Attorney General
shall cause to be delivered to the alien a copy of the
unclassified summary together with a statement that it meets
the standard set forth in subparagraph (E)(iii).
``(G)(i) The Department of Justice may take an
interlocutory appeal to the United States Court of Appeals
for the District of Columbia Circuit of--
``(I) any determination made by the judge concerning the
requirements set forth in subparagraph (E). [[Page S7795]]
``(II) any determination made by the judge concerning the
requirements set forth in subparagraph (E).
``(ii) In an interlocutory appeal taken under this
paragraph, the entire record, including any proposed order of
the judge or summary of evidence, shall be transmitted to the
Court of Appeals under seal, and the matter shall be heard ex
parte. The Court of Appeals shall consider the appeal as
expeditiously as possible.''
______
SIMON AMENDMENT NO. 1235
(Ordered to lie on the table)
Mr. SIMON submitted an amendment intended to be proposed by them to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
____
Strike page 29, line 3 through page 30, line 2.
______
BRADLEY (AND OTHERS) AMENDMENT NO. 1236
(Ordered to lie on the table)
Mr. BRADLEY (for himself, Mr. Moynihan, Mr. Levin, Mr. Kerry, and Mr.
Lautenberg) submitted an amendment intended to be proposed by them to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follow:
____
At the appropriate place insert the following new section:
SEC. . MANUFACTURE, IMPORTATION, AND SALE OF HANDGUN
AMMUNITION CAPABLE OF PENETRATING POLICE BODY
ARMOR.
(a) Expansion of Definition or Armor Piercing Ammunition.--
Section 921(a)(17)(B) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) a projectile used in a handgun and that the
Secretary determine, pursuant to section 926(d), to be
capable of penetrating body armor.''.
(b) Determining of the Capability of Projectiles to
Penetrate Body Armor.--Section 926 of such title is amended
by adding at the end the following:
``(d)(1) Not later than 1 year after the date of enactment
of this subsection, the Secretary shall promulgate standards
for the uniform testing of projectile against the Body Armor
Exemplar, based on standards developed in cooperation with
the Attorney General of the United States. Such standards
shall take into account, among other factors, variations in
performance that are related to the length of the barrel of
the handgun from which the projectile is fired and the amount
and kind of powder used to propel the projectile.
``(2) As used in paragraph (1), the term `body Armor
Exemplar' means body armor that the Secretary, in cooperation
with the Attorney General of the United States, determines
meets minimum standards for protection of law enforcement
officers.
(3) A projectile described in 921(a)(17)(B)(iii) of title
18, United States Code, shall not include ammunition designed
for sporting purposes.
______
SPECTER AMENDMENT NO. 1237
(Ordered to lie on the table.)
Mr. SPECTER submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
On page 30, strike line 4 and all that follows through page
41, line 18.
On page 54, after line 23, insert the following:
SEC. 305. EXPEDITED DEPORTATION OF TERRORISTS.
Section 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended by adding after subsection (b) the
following new subsection:
``(c) Deportation of Alien Terrorists.--
''(1) In general.--Notwithstanding any other provision of
this section, deportation proceedings for an alien who is
deportable under section 241(a)(4)(B) shall be governed by
this subsection.
``(2) Definition.--For purposes of this subsection, the
term `terrorism activity' has the meaning given such term in
section 212(a)(3)(B)(ii).
``(3) Hearing.--An alien who is deportable under section
241(a)(4)(B) shall be given a full evidentiary hearing as
expeditiously as possible, but in no event later than 30 days
after the alien has been given notice under section
242(b)(1), to determine--
``(A) whether the person is an alien within the meaning of
section 101(a)(3); and
``(B) whether the alien has engaged in terrorism activity.
``(4) Appeal.--(A) Appeal of a determination under
paragraph (3) shall lie with the United States Court of
Appeals for the circuit in which the hearing was held. An
appeal under this paragraph shall be filed not later than 10
days after the date on which the determination was issued.
``(B) The court of appeals shall render a decision on an
appeal filed under subparagraph (A) not later than 45 days
after the date on which the appeal is filed.
``(5) Deportation.--An alien who is ordered to be deported
under this subsection shall not be permitted to apply for
asylum, suspension of deportation, or waiver of removal on
any grounds within the discretion of the Attorney General.''.
______
LEAHY AMENDMENT NO. 1238
Mr. LEAHY proposed an amendment to amendment No. 1199, proposed by
Mr. Dole, to the bill, S. 735, supra; as follows:
On page 160, after line 19, insert the following:
TITLE X--VICTIMS OF TERRORISM ACT
SEC. 1001. TITLE.
This title may be cited as the ``Victims of Terrorism Act
of 1995''.
SEC. 1002. AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION
TO VICTIMS OF TERRORISM.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
is amended by inserting after section 1404A the following new
section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORISM OR MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United
States.--The Director may make supplemental grants to States
to provide compensation and assistance to the residents of
such States who, while outside the territorial boundaries of
the United States, are victims of a terrorist act or mass
violence and are not persons eligible for compensation under
title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986.
``(b) Victims of Domestic Terrorism.--The Director may make
supplemental grants to States for eligible crime victim
compensation and assistance programs to provide emergency
relief, including crisis response efforts, assistance,
training, and technical assistance, for the benefit of
victims of terrorist acts or mass violence occurring within
the United States and may provide funding to United States
Attorney's Offices for use in coordination with State victims
compensation and assistance effort in providing emergency
relief.''.
SEC. 1003. FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS
OF TERRORISM, MASS VIOLENCE, AND CRIME.
Section 1402(d)(4) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(4)) is amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient
to fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund
that was deposited during a fiscal year that was in excess of
110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such
reserve shall not exceed $50,000,000.
``(B) The emergency reserve may be used for supplemental
grants under section 1404B and to supplement the funds
available to provide grants to States for compensation and
assistance in accordance with sections 1403 and 1404 in years
in which supplemental grants are needed.''.
SEC. 1004. CRIME VICTIMS FUND AMENDMENTS.
(a) Unobligated Funds.--Section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601) is amended--
(1) in subsection (c), by striking ``subsection'' and
inserting ``chapter''; and
(2) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as
part of a grant under this chapter that remains unspent at
the end of a fiscal year in which the grant is made may be
expended for the purpose for which the grant is made at any
time during the 2 succeeding fiscal years, at the end of
which period, any remaining unobligated sums shall be
returned to the Fund.''.
(b) Base Amount.--Section 1404(a)(5) of such Act (42 U.S.C.
10603(a)(5)) is amended to read as follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B), $500,000; and
``(B) for the territories of the Northern Mariana Islands,
Guam, American Samoa, and Palau, $200,000.''.
______
SPECTER AMENDMENT NO. 1239
(Ordered to lie on the table.)
Mr. SPECTER submitted an amendment intended to be proposed by him to
amendment No. 1199 proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
On page 55, strike line 4 and all that follows through page
74, line 7.
______
LEAHY (AND McCAIN) AMENDMENT NO. 1240
Mr. LEAHY (for himself and Mr. McCain) proposed an amendment to
amendment No. 1199, proposed by Mr. Dole, the bill, S. 735, supra; as
follows:
At the appropriate place insert the following new section:
SEC. --. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
(a) Increased Asssessment.--Section 3013(a)(2) of title 18,
United States Code, is amended-- [[Page S7796]]
(A) in subparagraph (A), by striking ``$50'' and inserting
``not less than $100''; and
(B) in subparagraph (B), by striking ``$200'' and inserting
``not less than $400''.
______
HEFLIN AMENDMENT NO. 1241
(Ordered to lie on the table.)
Mr. HEFLIN proposed an amendment intended to be proposed by him to
the bill, S. 735, supra; as follows:
At the end of the bill, add the following:
SEC. --. LISTING OF NERVE GASES SARIN AND VX AS A HAZARDOUS
WASTE.
(a) In General.--Section 3001(e) of the Solid Waste
Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the
end the following:
``(3) Nerve gases.--
``(A) Listing.--The Administrator shall list under
subsection (b)(1) the nerve gases sarin and VX.
``(B) Application of regulatory requirements.--Standards
and permit requirements under this Act and regulations issued
under this Act relating to the nerve gases sarin and VX shall
not apply to--
``(i) any sarin or VX production facility of the Department
of Defense that is in existence on the date of enactment of
this paragraph; or
``(ii) the storage of sarin or VX at any Department of
Defense designated chemical weapons stockpile in existence
prior to the date of enactment of this Act.''.
(b) Immediate Action.--The listing of the nerve gases sarin
and VX required by the amendment made by subsection (a) shall
be deemed to be made immediately on enactment of this Act,
and the Administrator of the Environmental Protection Agency
shall in fact make the listing as soon as practicable after
enactment of this Act.
(c) No Studies or Proceedings.--Notwithstanding any other
law, it shall not be necessary for the Administrator of the
Environmental Protection Agency to make any studies, engage
in any rulemaking or other proceedings, or meet any other
requirement under the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) or any other law in support of the directive
made by subsection (b).
(d) Criminal Penalty for Mere Possession.--Section
3008(d)(2) of the Solid Waste Disposal Act (42 U.S.C.
6928(d)(2)) is amended by inserting ``or knowingly possesses
the nerve gas sarin or the nerve gas VX'' after ``subtitle''.
______
GRAHAM AMENDMENT NO. 1242
(Ordered to lie on the table.)
Mr. GRAHAM submitted an amendment intended to be proposed by him to
amendment No. 1199 proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
On page 105, strike lines 8 through 11 and insert the
following:
``(1)(A) resulted in a decision that was contrary to
clearly established Federal law as determined by the Supreme
Court of the United States; or
``(B) involved an unreasonable application of clearly
established Federal law as determined by the Supreme Court of
the United States; or
______
LEVIN AMENDMENT NO. 1243
(Ordered to lie on the table.)
Mr. LEVIN submitted an amendment intended to be proposed by him to
amendment No. 1199 proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
On page 15, strike lines 1 through 25 and insert the
following:
``(f)(1) Whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other personal or real
property in whole or in part owned or possessed by, or leased
to, the United States, or any department or agency thereof,
shall be imprisoned for not less than 5 years and not more
than 20 years. The court may order a fine of not more than
the greater of $100,000 or the cost of repairing or replacing
any property that is damaged or destroyed.
``(2) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes personal injury to any person, including
any public safety officer performing duties, shall be
imprisoned not less than 7 years and not more than 40 years.
The court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property
that is damaged or destroyed.
``(3) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes the death of any person, including any
public safety officer performing duties, shall be imprisoned
for a term of years or for life, or sentenced to death. The
court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property
that is damaged or destroyed.''.
______
LEVIN (AND NUNN) AMENDMENT NO. 1244
(Ordered to lie on the table.)
Mr. LEVIN (for himself and Mr. Nunn) submitted an amendment intended
to be proposed by them to amendment No. 1199 proposed by Mr. Dole to
the bill, S. 735, supra; as follows:
At the appropriate place, insert the following new section:
SEC. . INVESTIGATIONS INTO TERRORISM.
(a) Restoring False Statements Prohibition.--Section 1001
of title 18, United States Code, is amended by striking ``any
department or agency of the United States'' and inserting
``the executive, legislative, or judicial branch of the
United States, or any department, agency, committee,
subcommittee, or office thereof, except a court when
performing an adjudicative function,''
(b) Obstructing Congressional Proceedings.--Section 1515 of
title 18, United States Code, is amended by--
(1) redesignating paragraph ``(b)'' as paragraph ``(c)'';
and
(2) inserting a new paragraph (b) to read as follows:
``(b) As used in section 1505 of this title, the term
``corruptly'' includes acting with an improper purpose,
personally or by influencing another, including by making
false or misleading statements or withholding, concealing,
altering or destroying documents.''.
(c) Compelling Truthful Testimony in Congressional
Investigations.--Section 6005 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or ancillary to''
after ``any proceeding before''; and
(2) in subsection (b) (1) and (2), by inserting ``or
ancillary to'' after ``a proceeding before'' each place it
appears.
______
LEVIN AMENDMENT NO. 1245
(Ordered to lie on the table.)
Mr. LEVIN submitted an amendment intended to be proposed by him to
amendment No. 1199 proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
On page 106, line 12, strike ``and'' and all that follows
through the end of line 17 and substitute the following:
``or
``(B) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish that constitutional error has occurred and that
more likely than not, but for that constitutional error, no
reasonable factfinder would have found the applicant guilty
of the underlying offense.''
On page 110, line 3, strike ``and'' and all that follows
through the end of line 9 and substitute the following:
``or
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish that constitutional error has occurred and that
more likely than not, but for that constitutional error, no
reasonable factfinder would have found the applicant guilty
of the underlying offense.''
______
LEAHY (AND HOLLINGS) AMENDMENT NO. 1246
(Ordered to lie on the table.)
Mr. LEAHY (for himself and Mr. Hollings) submitted an amendment
intended to be proposed by them to amendment No. 1199 proposed by Mr.
Dole to the bill, S. 735, supra; as follows:
At the end of title IX, insert the following new section:
SEC. 902. CIVIL MONETARY PENALTY SURCHARGE AND
TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS.
The Communications Assistance for Law Enforcement Act
(Public Law 103-414) is amended by adding at the end the
following new title:
``TITLE IV--CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS
``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.
``(a) Imposition.--Notwithstanding any other provision of
law, a surcharge of 40 percent of the principal amount of a
civil monetary penalty shall be added to each civil monetary
penalty at the time it is assessed by the United States.
``(b) Application of Payments.--Payments relating to a
civil monetary penalty shall be applied in the following
order:
``(1) To costs.
``(2) To principal.
``(3) To surcharges required by subsection (a).
``(4) To interest.
``(c) Effective Dates.--(1) A surcharge under subsection
(a) be added to all civil monetary penalties assessed on or
after October 1, 1995, or the date of enactment of this
title, whichever is later.
``(2) The authority to add a surcharge under this section
shall terminate on October 1, 1998.
``(d) Limitation.--This section shall not apply to any
civil monetary penalty assessed under the Internal Revenue
Code of 1986.
``SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER
COMPLIANCE FUND.
``(a) Establishment of Fund.--There is established in the
United States Treasury a fund to be known as the Department
of Justice Telecommunications Carrier Compliance Fund
(referred to in this title as `the [[Page S7797]] Fund'),
which shall be available to the Attorney General to the
extent and in the amounts authorized by subsection (c) to
make payments to telecommunications carriers, as authorized
by section 109.
``(b) Offsetting Collections.--Notwithstanding section 3302
of title 31, United States Code, the Attorney General may
credit surcharges added pursuant to section 401 to the Fund
as offsetting collections.
``(c) Requirements for Appropriations Offset.--(1) Amounts
in the Fund shall be available for expenditure only to the
extent and in the amounts provided for in advance in
appropriations Acts.
``(2)(A) Collections credited to the Fund are authorized to
be appropriated in such amounts as may be necessary, not
exceed $100,000,000 in fiscal year 1996, $305,000,000 in
fiscal year 1997, and $80,000,000 in fiscal year 1998.
``(B) Amount appropriated pursuant to subparagraph (A) are
authorized to be appropriated without fiscal year limitation.
``(d) Termination.--(1) The Attorney General may terminate
the Fund at such time as the Attorney General determines that
the Fund is no longer necessary.
``(2) Any balance in the Fund at the time of its
termination shall be deposited in the General Fund of the
Treasury of the United States.
``(3) A decision of the Attorney General to terminate the
Fund shall not be subject to judicial review.
``SEC. 403. DEFINITIONS.
``For purposes of this title, the terms `agency' and `civil
monetary penalty' have the meanings given to them by section
3 of the Federal Civil Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note).''.
______
LEAHY AMENDMENT NO. 1247
(Ordered to lie on the table.)
Mr. LEAHY submitted an amendment intended to be proposed by him to
amendment No. 1199, proposed by Mr. Dole, to the bill, S. 735, supra;
as follows:
On page 18, strike lines 18 through 24 and insert the
following:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
``(a) Prohibition.--No assistance under this act shall be
provided to the government of any country that provides
assistance to the government of any other country for which
the Secretary of State has made a determination under section
620A''.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described
in subsection (a) if the President determines that furnishing
such assistance is important to the national interests of the
United States and, not later than 15 days before obligating
such assistance, furnishes a report to the appropriate
committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
______
SMITH AMENDMENT NO. 1248
(Ordered to lie on the table)
Mr. CRAIG. (for Mr. Smith) submitted an amendment intended to be
proposed by him to amendment No. 1199 proposed by Mr. Dole to the bill,
S. 735, supra; as follows:
At the appropriate place, insert the following new section:
SEC. . AUTHORIZATION OF DEATH PENALTY AS PUNISHMENT FOR
FIRST DEGREE MURDER IN THE DISTRICT OF
COLUMBIA.
Section 801 of the Act entitled, ``An Act to establish a
code of law for the District of Columbia,'' approved March 3,
1901 (D.C. Code 22-2404), is amended--
(1) in subsection (a)--
(A) by striking ``(a) The'' and inserting ``The''; and
(B) in the first sentence, by inserting before the period
``, or death''; and
(2) by striking subsection (b).
______
BIDEN AMENDMENT NO. 1249
(Ordered to lie on the table.)
Mr. BIDEN submitted an amendment intended to be proposed by him to
amendment No. 1199 proposed by Mr. Dole to the bill, S. 735, supra; as
follows:
Add at the appropriate place:
SEC. . AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
UNITED STATES MARSHALS SERVICE.
(a) In General.--There are authorized to be appropriated
for activities of the United States Marshals Service to
address increased security requirements, $25,000,000 for each
of the fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
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SPECTER (AND OTHERS) AMENDMENT NO. 1250
Mr. SPECTER (for himself Mr. Simon, Mr. Kennedy, and Mr. Biden)
proposed an amendment to the bill, S 735, supra; as follows:
Strike page 36, line 13, through page 38, line 20, and
insert the following in lieu thereof:
``(B) The judge shall approve the summary within 15 days of
submission if the judge finds that it is sufficient to inform
the alien of the nature of the evidence that such person is
an alien as described in section 241(a), and to provide the
alien with substantially the same ability to make his defense
as would disclosure of the classified information.
``(C) The Attorney General shall cause to be delivered to
the alien a copy of the unclassified summary approved under
subparagraph (B).
``(D) If the written unclassified summary is not approved
by the court pursuant to subparagraph (B), the Department of
Justice shall be afforded 15 days to correct the deficiencies
identified by the court and submit a revised unclassified
summary.
``(E) If the revised unclassified summary is not approved
by the court within 15 days of its submission pursuant to
subparagraph (B), the special removal hearing shall be
terminated unless the court, within that time, after
reviewing the classified information in camera and ex parte,
issues written findings that--
``(i) the alien's continued presence in the United States
would likely cause
``(I) serious and irreperable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(ii) provision of either the classified information or an
unclassified summary that meets the standard set forth in
subparagraph (B) would likely cause
``(I) serious and irreperable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(iii) the unclassified summary prepared by the Justice
Department is adequate to allow the alien to prepare a
defense.
``(F) If the court issues such findings, the special
removal proceeding shall continue, and the Attorney General
shall cause to be delivered to the alien within 15 days of
the issuance of such findings a copy of the unclassified
summary together with a statement that it meets the standard
set forth in subparagraph (E)(iii).
``(G)(i) Within 10 days of filing of the appealable order
the Department of Justice may take an interlocutory appeal to
the United States Court of Appeals for the District of
Columbia Circuit of--
``(I) any determination made by the judge concerning the
requirements set forth in subparagraph (B).
``(II) any determination made by the judge concerning the
requirements set forth in subparagraph (E).
``(ii) In an interlocutory appeal taken under this
paragraph, the entire record, including any proposed order of
the judge or summary of evidence, shall be transmitted to the
Court of Appeals under seal, and the matter shall be heard ex
parte. The Court of Appeals shall consider the appeal as
expeditiously as possible, but no later than 30 days.''
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NUNN (AND OTHERS) AMENDMENT NO. 1251
Mr. NUNN (for himself, Mr. Thurmond, Mr. Biden, and Mr. Warner)
proposed an amendment to the bill, S. 735, supra; as follows:
On page 160, between lines 11 and 12, insert the following:
SEC. 901. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH
RESPECT TO OFFENSES INVOLVING BIOLOGICAL AND
CHEMICAL WEAPONS.
(A) Biological Weapons of Mass Destruction.--Section 175 of
title 18, United States Code, is amended by adding at the end
the following:
``(c)(1) Military Assistance.--The Attorney General may
request that the Secretary of Defense provide assistance in
support of Department of Justice activities relating to the
enforcement of this section in an emergency situation
involving biological weapons of mass destruction. Department
of Defense, may be used to provide such assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving biological
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation
involving biological weapons of mass destruction' means a
circumstance involving a biological weapon of mass
destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian expertise is not readily available to
provide the required assistance to
counter the threat posed by the biological weapon of mass
destruction involved;
``(ii) Department of Defense special capabilities and
expertise are needed to counter the threat posed by the
biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously impaired
if the Department of Defense assistance were not provided.
[[Page S7798]]
``(3) The assistance referred to in paragraph (1) includes
the operation of equipment (including equipment made
available under section 372 of title 10) to monitor, contain,
disable, or dispose of a biological weapon of mass
destruction or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of
assistance that may be provided under this subsection. Such
regulations shall also describe the actions that Department
of Defense personnel may take in circumstances incident to
the provision of assistance under this subsection. Such
regulations shall not authorize arrest or any assistance in
conducting searches and seizures that seek evidence related
to violations of this section, except for the immediate
protection of human life.
``(5) The Secretary of Defense shall require reimbursement
as a condition for providing assistance under this subsection
in accordance with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this subsection.
The Attorney General may delegate the Attorney General's
authority under this subsection only to the Associate
Attorney General or an Assistant Attorney General and only if
the Associate Attorney General or Assistant Attorney General
to whom delegated has been designated by the Attorney General
to act for, and to exercise the general powers of, the
Attorney General.
``(B) Except to the extent otherwise provided by the
Secretary of Defense, the Deputy Secretary of Defense may
exercise the authority of the Secretary of Defense under this
subsection. The Secretary of Defense may delegate the
Secretary's authority under this subsection only to an Under
Secretary of Defense or an Assistant Secretary of Defense and
only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for,
and to exercise the general powers of, the Secretary.''.
(b) Chemical Weapons of Mass Destruction.--The chapter 113B
of title 18, United States Code, that relates to terrorism,
is amended by inserting after section 2332a the following:
``Sec. 2332b. Use of chemical weapons
``(a) Offense.--A person who without lawful authority uses,
or attempts or conspires to use, a chemical weapon--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the
United States, whether the property is within or outside of
the United States,
shall be imprisoned for any term of years or for life, and if
death results, shall be punished by death or imprisoned for
any term of years or for life.
``(b) Definitions.--For purposes of this section--
``(1) the term ``national of the United States'' has the
meaning given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term ``chemical weapon'' means any weapon that is
designed to cause widespread death or serious bodily injury
through the release, dissemination, or
impact of toxic or poisonous chemicals or their precursors.
``(c)(1) Military Assistance.--The Attorney General may
request that the Secretary of Defense provide assistance in
support of Department of Justice activities relating to the
enforcement of this section in an emergency situation
involving chemical weapons of mass destruction. Department of
Defense resources, including personnel of the Department of
Defense, may be used to provide such assistance if--
``(A) the Secretary of Defense and the Attorney General
determines that an emergency situation involving chemical
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation
involving chemical weapons of mass destruction' means a
circumstance involving a chemical weapon of mass
destruction--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) civilian expertise is not readily available to
provide the required assistance to counter the threat posed
by the chemical weapon of mass destruction involved;
``(ii) Department of Defense special capabilities and
expertise are needed to counter the threat posed by the
biological weapon of mass destruction involved; and
``(iii) enforcement of the law would be seriously impaired
if the Department of Defense assistance were not provided.
``(3) The assistance referred to in paragraph (1) includes
the operation of equipment (including equipment made
available under section 372 of title 10) to monitor, contain,
disable, or dispose of a chemical weapon of mass destruction
or elements of the weapon.
``(4) The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of
assistance that may be provided under this subsection. Such
regulations shall also describe the actions the Department of
Defense personnel may take in circumstances incident to the
provision of assistance under this subsection. Such
regulations shall not authorize arrest or any assistance in
conducting searches and seizures that seek evidence related
to violations of this section, except for the immediate
protection of human lives.
``(5) The Secretary of Defense shall require reimbursement
as a condition for providing assistance under this subsection
in accordance with section 377 of title 10.
``(6)(A) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this subsection.
The Attorney General may delegate the Attorney General's
authority under this subsection only to the Associate
Attorney General or an Assistant Attorney General and only if
the Associate Attorney General or Assistant Attorney General
to whom delegated has been designated by the Attorney General
to act for, and to exercise the general powers of, the
Attorney General.
``(B) Except to the extent otherwise provided by the
Secretary of Defense, the Deputy Secretary of Defense may
exercise the authority of the Secretary of Defense under this
subsection. The Secretary of Defense may delegate the
Secretary's authority under this subsection only to an Under
Secretary of Defense or an Assistant Secretary of Defense and
only if the Under Secretary or Assistant Secretary to whom
delegated has been designated by the Secretary to act for,
and to exercise the general powers of, the Secretary.''.
(d) Clerical Amendment.--The chapter analysis for chapter
113B of title 18, United States Code, is
amended by inserting after the item relating to section
2332a the following:
``2332b. Use of chemical weapons.''.
(e) Use of Weapons of Mass Destruction.--Section 2332a(a)
of title 18, United States Code, is amended by inserting
``without lawful authority'' after ``A person who''.
(c) (1) Civilian Expertise.--The President shall take
reasonable measures to reduce civilian law enforcement
officials' reliance on Department of Defense resources to
counter the threat posed by the use of potential use
biological and chemical weapons of mass destruction within
the United States, including:
(A) increasing civilian law enforcement expertise to
counter such threat:
(B) improving coordination between civilian law enforcement
officials and other civilian sources of expertise, both
within and outside the Federal Government, to counter such
threat;
(2) Report Requirement.--The President shall submit to the
Congress--
(A) ninety days after the date of enactment of this Act, a
report describing the respective policy functions and
operational roles of Federal agencies in countering the
threat posed by the use or potential use of biological and
chemical weapons of mass destruction within United States;
(B) one year after the date of enactment of this Act, a
report describing the actions planned to be taken and the
attendant cost pertaining to paragraph (1); and
(C) three years after the date of enactment of this Act, a
report updating the information provided in the reports
submitted pursuant to subparagraphs (A) and (B), including
measures taken pursuant to paragraph (1).
____________________
