[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Page S12390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            BROADENING THE SCOPE OF CERTAIN FIREARM OFFENSES

  Mr. LOTT. Mr. President, I ask unanimous consent the Judiciary 
Committee be discharged from further consideration of S. 1612, a bill 
to broaden the scope of certain firearm offenses, and the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1612) to provide for increased mandatory minimum 
     sentences for criminals possessing firearms.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 5433

              (Purpose: To provide a complete substitute)

  Mr. LOTT. Mr. President, I send an amendment to the desk for Senators 
DeWine, Helms, and Abraham. I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott] for Mr. DeWine, for 
     himself, Mr. Helms, and Mr. Abraham, proposes an amendment 
     numbered 5433.

  The amendment is as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FIREARMS OFFENSES.

       (a) In General.--Sections 924(c)(1) and 929(a)(1) of title 
     18, United States Code, are each amended by striking ``uses 
     or carries'' and inserting ``possesses''.
       (b) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal Sentencing Guidelines and the policy statements 
     of the Commission to provide an appropriate sentence 
     enhancement with respect to any defendant who discharges a 
     firearm during or in relation to any crime of violence or any 
     drug trafficking crime.
       (2) Consistency.--In carrying out this subsection, the 
     United States Sentencing Commission shall--
       (A) ensure that there is reasonable consistency with other 
     Federal Sentencing Guidelines;
       (B) avoid duplicative punishment for substantially the same 
     offense; and
       (C) take into account any mitigating circumstances that 
     might justify an exception to any amendment made under 
     paragraph (1).
       (3) Definitions.--For purposes of this subsection, the 
     terms ``crime of violence'' and ``drug trafficking crime'' 
     have the same meanings as in section 924(c) of title 18, 
     United States Code.
       Amend the title so as to read: ``A bill to broaden the 
     scope of certain firearms offenses, and for other 
     purposes.''.

  Mr. DeWINE. Mr. President, there is concern that some in the House 
might oppose S. 1612, the Helms/DeWine bill that just passed 
unanimously, for political reasons. I should emphasize the significance 
of getting this legislation passed by the House and sent to the 
President for his signature. This measure, which broadens the scope of 
firearms offenses committed by violent criminals, is essential if 
Federal prosecutors are going to have the tools necessary to combat 
violence and drug trafficking. I urge our colleagues in the House to 
pass this legislation with dispatch, and to send it to the President, 
whose Justice Department has been very supportive of this bill. Those 
who would stop this bill, do so at the expense of law-abiding citizens.
  Mr. LOTT. Mr. President, I ask unanimous consent the amendment be 
agreed to, the bill be deemed read a third time and passed as amended, 
the title amendment be agreed to, the motion to reconsider be laid upon 
the table and any statements relating to the bill appear at an 
appropriate point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5433) was agreed to.
  The bill (S. 1612), as amended, was deemed read for a third time, and 
passed, as follows:

                                S. 1612

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FIREARMS OFFENSES.

       (a) In General.--Sections 924(c)(1) and 929(a)(1) of title 
     18, United States Code, are each amended by striking ``uses 
     or carries'' and inserting ``possesses''.
       (b) Amendment of Sentencing Guidelines--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal Sentencing Guidelines and the policy statements 
     of the Commission to provide an appropriate sentence 
     enhancement with respect to any defendant who discharges a 
     firearm during or in relation to any crime of violence or any 
     drug trafficking crime.
       (2) Consistency.--In carrying out this subsection, the 
     United States Sentencing Commission shall--
       (A) ensure that there is reasonable consistency with other 
     Federal Sentencing Guidelines;
       (B) avoid duplicative punishment for substantially the same 
     offense; and
       (C) take into account any mitigating circumstances that 
     might justify an exception to any amendment made under 
     paragraph (1).
       (3) Definitions.--For purposes of this subsection, the 
     terms ``crime of violence'' and ``drug trafficking crime'' 
     have the same meanings as in section 924(c) of title 18, 
     United States Code.
       Passed the Senate October 3, 1996.
  The title was amended so as to read: ``A bill to broaden the scope of 
certain firearms offenses, and for other purposes.''

                          ____________________