[Congressional Record Volume 141, Number 91 (Tuesday, June 6, 1995)]
[Senate]
[Pages S7787-S7798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          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.
                                 ______


                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.''
                                 ______


                  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).
     

                          ____________________