[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[Senate]
[Pages S8677-S8683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

DEPARTMENT OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 3226

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill (S. 2260) making appropriations for the Department of 
Commerce, Justice, and State, the Judiciary, and related programs for 
the fiscal year ending September 30, 1999; as follows:

       On page 62, lines 3 through 16, strike ``That if the 
     standard build-out'' and all that follows through ``covered 
     by those costs.'' and insert the following: ``That the 
     standard build-out costs of the Patent and Trademark Office 
     shall not exceed $36.69 per occupiable square feet in year 
     2000 dollars (which constitutes the amount specified in the 
     Advanced Acquisition program of the General Services 
     Administration), including any above-standard costs: Provided 
     further, That the moving costs of the Patent and Trademark 
     Office (which shall include the costs of moving furniture, 
     telephone, and data installation) shall not exceed 
     $135,000,000.''.
                                 ______
                                 

                        COATS AMENDMENT NO. 3227

  Mr. COATS proposed an amendment to the bill, S. 2260, supra; as 
follows:

       On page 135, between lines 11 and 12, insert the following:

                               TITLE I.--

       Sec. 620. (a) Prohibition.--
       (1) In general.--Section 223 of the Communications Act of 
     1934 (47 U.S.C. 223) is amended--
       (A) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (f), (g), (h), and (i), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) Whoever in interstate or foreign commerce in or 
     through the World Wide Web is engaged in the business of the 
     commercial distribution of material that is harmful to minors 
     shall restrict access to such material by persons under 17 
     years of age.
       ``(2) Any person who violates paragraph (1) shall be fined 
     not more than $50,000, imprisoned not more than six months, 
     or both.
       ``(3) In addition to the penalties under paragraph (2), 
     whoever intentionally violates paragraph (1) shall be subject 
     to a fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.

[[Page S8678]]

       ``(4) In addition to the penalties under paragraphs (2) and 
     (3), whoever violates paragraph (1) shall be subject to a 
     civil fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.
       ``(5) It is an affirmative defense to prosecution under 
     this subsection that the defendant restricted access to 
     material that is harmful to minors by persons under 17 years 
     of age by requiring use of a verified credit card, debit 
     account, adult access code, or adult personal identification 
     number or in accordance with such other procedures as the 
     Commission may prescribe.
       ``(6) This subsection may not be construed to authorize the 
     Commission to regulate in any manner the content of any 
     information provided on the World Wide Web.
       ``(7) For purposes of this subsection:
       ``(A) The term `material that is harmful to minors' means 
     any communication, picture, image, graphic image file, 
     article, recording, writing, or other matter of any kind 
     that--
       ``(i) taken as a whole and with respect to minors, appeals 
     to a prurient interest in nudity, sex, or excretion;
       ``(ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or a lewd 
     exhibition of the genitals; and
       ``(iii) lacks serious literary, artistic, political, or 
     scientific value.
       ``(B) The terms `sexual act' and `sexual contact' have the 
     meanings assigned such terms in section 2246 of title 18, 
     United States Code.''.
       (2) Conforming amendment.--Subsection (h) of such section, 
     as so redesignated, is amended by striking ``(e), or (f)'' 
     and inserting ``(f), or (g)''.
       (b) Availability on Internet of Definition of Material That 
     Is Harmful to Minors.--The Attorney General, in the case of 
     the Internet web site of the Department of Justice, and the 
     Federal Communications Commission, in the case of the 
     Internet web site of the Commission, shall each post or 
     otherwise make available on such web site such information as 
     is necessary to inform the public of the meaning of the term 
     ``material that is harmful to minors'' under section 223(e) 
     of the Communications Act of 1934, as amended by subsection 
     (a) of this section.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3228

  Mr. McCAIN (for himself, Mr. Coats, and Mrs. Murray) proposed an 
amendment to amendment No. 3227 proposed by Mr. Coats to the bill, S. 
2260, supra; as follows:

       At the end of the pending Amendment, add the following:

                     TITLE II.--INTERNET FILTERING

     SECTION 1. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT 
                   FAIL TO IMPLEMENT A FILTERING OR BLOCKING 
                   SYSTEM FOR COMPUTERS WITH INTERNET ACCESS.

       (a) In General.--Section 254 of the Communications Act of 
     1934 (47 U.S.C. 254) is amended by adding at the end thereof 
     the following:
       ``(l) Implementation of a Filtering or Blocking System.--
       ``(1) In general.--No services may be provided under 
     subsection (h)(1)(B) to any elementary or secondary school, 
     or any library, unless it provides the certification required 
     by paragraph (2) or (3), respectively.
       ``(2) Certification for schools.--Before receiving 
     universal service assistance under subsection (h)(1)(B), an 
     elementary or secondary school (or the school board or other 
     authority with responsibility for administration of that 
     school) shall certify to the Commission that it has--
       ``(A) selected a system for computers with Internet access 
     to filter or block matter deemed to be inappropriate for 
     minors; and
       ``(B) installed, or will install as soon as it obtains 
     computers with Internet access, a system to filter or block 
     such matter.
       ``(3) Certification for libraries.--Before receiving 
     universal service assistance under subsection (h)(1)(B), a 
     library that has a computer with Internet access shall 
     certify to the Commission that, on one or more of its 
     computers with Internet access, it employs a system to filter 
     or block matter deemed to be inappropriate for minors. If a 
     library that makes a certification under this paragraph 
     changes the system it employs or ceases to employ any such 
     system, it shall notify the Commission within 10 days after 
     implementing the change or ceasing to employ the system.
       ``(4) Local determination of content.--For purposes of 
     paragraphs (2) and (3), the determination of what matter is 
     inappropriate for minors shall be made by the school, school 
     board, library or other authority responsible for making the 
     required certification. No agency or instrumentality of the 
     United States Government may--
       ``(A) establish criteria for making that determination;
       ``(B) review the determination made by the certifying 
     school, school board, library, or other authority; or
       ``(C) consider the criteria employed by the certifying 
     school, school board, library, or other authority in the 
     administration of subsection (h)(1)(B).''.
       (b) Conforming Change.--Section 254(h)(1)(B) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is 
     amended by striking ``All telecommunications'' and inserting 
     ``Except as provided by subsection (l), all 
     telecommunications''.
                                 ______
                                 

                 McCAIN (AND BURNS) AMENDMENT NO. 3229

  Mr. McCAIN (for himself and Mr. Burns) proposed an amendment to the 
bill, S. 2260, supra; as follows:

       At the appropriate place, insert the following:

     SEC. --. MULTICHANNEL VIDEO PROGRAMMING.

       (a) Findings.--
       (1) The Congress finds that:
       (A) Signal theft represents a serious threat to direct-to-
     home satellite television. In the Telecommunications Act of 
     1996, Congress confirmed the applicability of penalties for 
     unauthorized decryption of direct-to-home satellite services. 
     Nevertheless, concerns remain about civil liability for such 
     unauthorized decryption.
       (B) In view of the desire to establish competition to the 
     cable television industry, Congress authorized consumers to 
     utilize direct-to-home satellite systems for viewing video 
     programming through the Cable Communications Policy Act of 
     1984.
       (C) Congress found in the Cable Television Consumer 
     Protection and Competition Act of 1992 that without the 
     presence of another multichannel video programming 
     distributor, a cable television operator faces no local 
     competition and that the result is undue market power for the 
     cable operator as compared to that of consumers and other 
     video programmers.
       (D) The Federal Communications Commission, under the Cable 
     Television Consumer Protection and Competition Act of 1992, 
     has the responsibility for reporting annually to the Congress 
     on the state of competition in the market for delivery of 
     multichannel video programming.
       (E) In the Cable Television Consumer Protection and 
     Competition Act of 1992, Congress stated its policy of 
     promoting the availability to the public of a diversity of 
     views and information through cable television and other 
     video distribution media.
       (F) Direct-to-home satellite television service is the 
     fastest growing multichannel video programming service with 
     approximately 8 million households subscribing to video 
     programming delivered by satellite carriers.
       (G) Direct-to-home satellite television service is the 
     service that most likely can provide effective competition to 
     cable television service.
       (H) Through the compulsory copyright license created by 
     section 119 of the Satellite Home Viewer Act of 1988, 
     satellite carriers have paid a royalty fee per subscriber, 
     per month to retransmit network and superstation signals by 
     satellite to subscribers for private home viewing.
       (I) Congress set the 1988 fees to equal the average fees 
     paid by cable television operators for the same superstation 
     and network signals.
       (J) Effective May 1, 1992, the royalty fees payable by 
     satellite carriers were increased through compulsory 
     arbitration to $0.06 per subscriber per month for 
     retransmission of network signals and $0.175 per subscriber 
     per month for retransmission of superstation signals, 
     unless all of the programming contained in the 
     superstation signal is free from syndicated exclusivity 
     protection under the rules of the Federal Communications 
     Commission, in which case the fee was decreased to $0.14 
     per subscriber per month. These fees were 40-70 percent 
     higher than the royalty fees paid by cable television 
     operators to retransmit the same signals.
       (K) On October 27, 1997, the Librarian of Congress adopted 
     the recommendation of the copyright Arbitration Royalty Panel 
     and approved raising the royalty fees of satellite carriers 
     to $0.27 per subscriber per month for both superstation and 
     network signals, effective January 1, 1998.
       (L) The fees adopted by the Librarian are 270 percent 
     higher for superstations and 900 percent higher for network 
     signals than the royalty fees paid by cable television 
     operators for the exact same signals.
       (M) To be an effective competitive to cable, direct-to-home 
     satellite television must have access to the same programming 
     carried by its competitors and at comparable rates. In 
     addition, consumers living in areas where over-the-air 
     network signals are not available rely upon satellite 
     carriers for access to important news and entertainment.
       (N) The Copyright Arbitration Royalty Panel did not 
     adequately consider the adverse competitive effect of the 
     differential in satellite and cable royalty fees on promoting 
     competition among multichannel video programming providers 
     and the importance of evaluating the fees satellite carriers 
     pay in the context of the competitive nature of the 
     multichannel video programming marketplace.
       (O) If the recommendation of the Copyright Arbitration 
     Royalty Panel is allowed to stand, the direct-to-home 
     satellite industry, whose total subscriber base is equivalent 
     in size to approximately 11 percent of all cable households, 
     will be paying royalties that equal half the size of the 
     cable royalty pool, thus giving satellite subscribers a 
     disproportionate burden for paying copyright royalties when 
     compared to cable television subscribers.
       (b) DBS Signal Security.--Section 605(d) of the 
     Communications Act of 1934 (47 U.S.C. 605) is amended by 
     adding after ``satellite

[[Page S8679]]

     cable programming,'' the following: ``or direct-to-home 
     satellite services,''.
       (c) Notice of Inquiry; Report.--Section 628 of the 
     Communications Act of 1934 (47 U.S.C. 548) is amended by 
     adding at the end of subsection (g): ``The Commission shall, 
     within 180 days after enactment of the Act making 
     appropriations for the Department of Commerce, Justice, and 
     State, the Judiciary and related agencies for the fiscal year 
     evolving September 30, 1998, initiate a notice of inquiry to 
     determine that best way in which to facilitate the 
     retransmission of distant broadcast signals such that it is 
     more consistent with the 1992 Cable Act's goal of promoting 
     competition in the market for delivery of multichannel video 
     programming and the public interest. The Commission also 
     shall within 180 days after such date of enactment report to 
     Congress on the effect of the increase in royalty fees paid 
     by satellite carriers pursuant to the decision by the 
     Librarian of Congress on competition in the market for 
     delivery of multichannel video programming and the ability of 
     the direct-to-home satellite industry to compete.''.
       (d) Effective Date.--Notwithstanding any other provision of 
     law, the Copyright Office is prohibited from implementing, 
     enforcing, collecting or awarding copyright royalty fees, and 
     no obligation or liability for copyright royalty fees shall 
     accrue pursuant to the decision of the Librarian of Congress 
     on October 27, 1997, which established a royalty fee of $0.27 
     per subscriber per month for the retransmission of distant 
     broadcast signals by satellite carriers, before January 1, 
     2000.
                                 ______
                                 

                 BOXER (AND OTHERS) AMENDMENT NO. 3230

  Mrs. BOXER (for herself, Mr. Kohl, Mr. Torricelli, Mr. Lautenberg, 
Mr. Moynihan, and Ms. Landrieu) proposed an amendment to the bill, S. 
2260, supra; as follows:

       At the appropriate place in title I of the bill, insert the 
     following:

     SEC. 1____. CHILD SAFETY LOCKS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(34) The term `locking device' means a device or locking 
     mechanism--
       ``(A) that--
       ``(i) if installed on a firearm and secured by means of a 
     key or a mechanically, electronically, or electromechanically 
     operated combination lock, is designed to prevent the firearm 
     from being discharged without first deactivating or removing 
     the device by means of a key or mechanically, electronically, 
     or electromechanically operated combination lock;
       ``(ii) if incorporated into the design of a firearm, is 
     designed to prevent discharge of the firearm by any person 
     who does not have access to the key or other device designed 
     to unlock the mechanism and thereby allow discharge of the 
     firearm; or
       ``(iii) is a safe, gun safe, gun case, lock box, or other 
     device that is designed--

       ``(I) to store a firearm; and
       ``(II) to be unlocked only by means of a key, a 
     combination, or other similar means; and

       ``(B) that is approved by a licensed firearms manufacturer 
     for use on the handgun with which the device or locking 
     mechanism is sold, delivered, or transferred.''.
       (b) Unlawful Acts.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (x) the 
     following:
       ``(y) Locking Devices.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than a licensed manufacturer, 
     licensed importer, or licensed dealer, unless the transferee 
     is provided with a locking device for that handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) the--
       ``(i) manufacture for, transfer to, or possession by, the 
     United States or a State or a department or agency of the 
     United States, or a State or a department, agency, or 
     political subdivision of a State, of a firearm; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in clause (i) of a 
     firearm for law enforcement purposes (whether on or off 
     duty); or
       ``(B) the transfer to, or possession by, a rail police 
     officer employed by a rail carrier and certified or 
     commissioned as a police officer under the laws of a State of 
     a firearm for purposes of law enforcement (whether on or off 
     duty).''.
       (2) Effective date.--Section 922(y) of title 18, United 
     States Code, as added by this subsection, shall take effect 
     150 days after the date of enactment of this Act.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this section shall be construed 
     to--
       (A) create a cause of action against any firearms dealer or 
     any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity, except with respect to an action to enforce 
     this section.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(y) of that title.
       (d) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating to Locking Devices.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(y)(1) by a licensee, the Secretary may, after notice and 
     opportunity for hearing--
       ``(i) suspend or revoke any license issued to the licensee 
     under this chapter; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $10,000.
       ``(B) Review.--An action of the Secretary under this 
     paragraph may be reviewed only as provided in section 923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Secretary.''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect 150 days after the date of 
     enactment of this Act.
                                 ______
                                 

                 BOXER (AND OTHERS) AMENDMENT NO. 3231

  Mrs. BOXER (for herself, Mr. Kohl, Mr. Torricelli, Mr. Lautenberg, 
Mr. Moynihan, Ms. Landrieu, and Ms. Mikulski) proposed an amendment to 
amendment No. 3230 proposed by Mrs. Boxer to the bill, S. 2260, supra; 
as follows:

       Strike all after the first word and insert the following:

     1____. CHILD SAFETY LOCKS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(34) The term `locking device' means a device or locking 
     mechanism--
       ``(A) that--
       ``(i) if installed on a firearm and secured by means of a 
     key or a mechanically, electronically, or electromechanically 
     operated combination lock, is designed to prevent the firearm 
     from being discharged without first deactivating or removing 
     the device by means of a key or mechanically, electronically, 
     or electromechanically operated combination lock;
       ``(ii) if incorporated into the design of a firearm, is 
     designed to prevent discharge of the firearm by any person 
     who does not have access to the key or other device designed 
     to unlock the mechanism and thereby allow discharge of the 
     firearm; or
       ``(iii) is a safe, gun safe, gun case, lock box, or other 
     device that is designed--

       ``(I) to store a firearm; and
       ``(II) to be unlocked only by means of a key, a 
     combination, or other similar means; and

       ``(B) that is approved by a licensed firearms manufacturer 
     for use on the handgun with which the device or locking 
     mechanism is sold, delivered, or transferred.''.
       (b) Unlawful Acts.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (x) the 
     following:
       ``(y) Locking Devices.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than a licensed manufacturer, 
     licensed importer, or licensed dealer, unless the transferee 
     is provided with a locking device for that handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) the--
       ``(i) manufacture for, transfer to, or possession by, the 
     United States or a State or a department or agency of the 
     United States, or a State or a department, agency, or 
     political subdivision of a State, of a firearm; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in clause (i) of a 
     firearm for law enforcement purposes (whether on or off 
     duty); or
       ``(B) the transfer to, or possession by, a rail police 
     officer employed by a rail carrier and certified or 
     commissioned as a police officer under the laws of a State of 
     a firearm for purposes of law enforcement (whether on or off 
     duty).''.
       (2) Effective date.--Section 922(y) of title 18, United 
     States Code, as added by this subsection, shall take effect 
     180 days after the date of enactment of this Act.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this section shall be construed 
     to--
       (A) create a cause of action against any firearms dealer or 
     any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court,

[[Page S8680]]

     agency, board, or other entity, except with respect to an 
     action to enforce this section.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(y) of that title.
       (d) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating to Locking Devices.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(y)(1) by a licensee, the Secretary may, after notice and 
     opportunity for hearing--
       ``(i) suspend or revoke any license issued to the licensee 
     under this chapter; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $10,000.
       ``(B) Review.--An action of the Secretary under this 
     paragraph may be reviewed only as provided in section 923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Secretary.''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 3232

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, S. 2260, supra; as follows:

       On page 56, line 16, insert before the period at the end 
     the following: ``: Provided further, That of the amounts 
     available under this heading, $150,000 shall be made 
     available to the Bear Paw Development Council, Montana, for 
     the management and conversion of the Havre Air Force Base and 
     Training Site, Montana, for public benefit purposes, 
     including public schools, housing for the homeless, and 
     economic development''.
                                 ______
                                 

                  SMITH (AND ENZI) AMENDMENT NO. 3233

  Mr. SMITH of New Hampshire (for himself and Mr. Enzi) proposed an 
amendment to the bill, S. 2260, supra; as follows:

       At the appropriate place, insert the following:
       ``Sec.   . None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for (1) any 
     system to implement 18 U.S.C. 922(t) that does not require 
     and result in the immediate destruction of all information, 
     in any form whatsoever, submitted by or on behalf of any 
     person who has been determined not to be prohibited from 
     owning a firearm; (2) the implementation of any tax or fee in 
     connection with the implementation of 18 U.S.C. 922(t); 
     provided, that any person aggrieved by a violation of this 
     provision may bring an action in the federal district court 
     for the district in which the person resides; provided, 
     further, that any person who is successful with respect to 
     any such action shall receive damages, punitive damages, and 
     such other remedies as the court may determine to be 
     appropriate, including a reasonable attorney's fee. The 
     provisions of this section shall become effective one day 
     after enactment.''
                                 ______
                                 

                        SMITH AMENDMENT NO. 3234

  Mr. SMITH of New Hampshire proposed an amendment to amendment No. 
3233 proposed by him to the bill, S. 2260, supra; as follows:

       In the pending amendment, strike all after the word 
     ``Sec.'' and insert in lieu thereof the following:
       None of the funds appropriated pursuant to this Act or any 
     other provision of law may be used for (1) any system to 
     implement 18 U.S.C. 922(t) that does not require and result 
     in the immediate destruction of all information, in any form 
     whatsoever, submitted by or on behalf of any person who has 
     been determined not to be prohibited from owning a firearm; 
     (2) the implementation of any tax or fee in connection with 
     the implementation of 18 U.S.C. 922(t); provided, that any 
     person aggrieved by a violation of this provision may bring 
     an action in the federal district court for the district in 
     which the person resides; provided, further, that any person 
     who is successful with respect to any such action shall 
     receive damages, punitive damages, and such other remedies as 
     the court may determine to be appropriate, including a 
     reasonable attorney's fee. The provisions of this section 
     shall become effective one day after enactment.''
                                 ______
                                 

                        LOTT AMENDMENT NO. 3235

  Mr. LOTT proposed an amendment to the motion to commit proposed by 
him to the bill, S. 2260, supra; as follows:

       In the appropriate place insert the following:

     SEC.   . FIREARMS SAFETY.

       (a) Secure Gun Storage Device.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--
       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC.    FIREARM SAFETY EDUCATION GRANTS.

       (a) In General.--Section 510 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following: ``and is authorized to make 
     grants to, or enter into contracts with, those persons and 
     entities to carry out the purposes specified in subsection 
     (a)(1)(B) in accordance with subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.
       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--

[[Page S8681]]

       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of enactment of this Act.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3236

  Mr. LOTT proposed an amendment to amendment No. 3235 proposed by him 
to the bill, S. 2260, supra; as follows:

       Amendments intended to be proposed by Mr. Craig, strike all 
     after the first word of the amendment and insert the 
     following:

     FIREARMS SAFETY.

       (a) Secure Gun Storage Device.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--
       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC.  FIREARM SAFETY EDUCATION GRANTS.

       (a) In General.--Section 510 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following: ``and is authorized to make 
     grants to, or enter into contracts with, those persons and 
     entities to carry out the purposes specified in subsection 
     (a)(1)(B) in accordance with subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.
       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--
       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) October 2, 1998; or
       (2) the date of enactment of this Act.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3237

  Mr. LOTT proposed an amendment to amendment No. 3236 proposed by him 
to the bill, S. 2260, supra; as follows:

       Strike all after the word ``Firearms'' and insert the 
     following:

     SAFETY.

       (a) Secure Gun Storage Device.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--
       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC.  . FIREARM SAFETY EDUCATION GRANTS.

       (a) In General.--Section 510 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following:

[[Page S8682]]

     ``and is authorized to make grants to, or enter into 
     contracts with, those persons and entities to carry out the 
     purposes specified in subsection (a)(1)(B) in accordance with 
     subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.
       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--
       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
                                 ______
                                 

                  CRAIG (AND HATCH) AMENDMENT NO. 3238

  Mr. CRAIG (for himself and Mr. Hatch) proposed an amendment to the 
bill, S. 2260, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . FIREARMS SAFETY.

       (a) Secure Gun Storage Device.--Section 921(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--
       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC.  . FIREARM SAFETY EDUCATION GRANTS.

       (a) In General.--Section 510 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following: ``and is authorized to make 
     grants to, or enter into contracts with, those persons and 
     entities to carry out the purposes specified in subsection 
     (a)(1)(B) in accordance with subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.
       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--
       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of enactment of this Act.
                                 ______
                                 

             MOSELEY-BRAUN (AND DURBIN) AMENDMENT NO. 3239

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN (for herself and Mr. Durbin) submitted an amendment 
intended to be proposed by them to the bill, S. 2260, supra; as 
follows:

       On page 51, between lines 9 and 10, insert the following:

     SEC. 121. INTERNET PREDATOR PREVENTION.

       (a) Prohibition and Penalties.--Chapter 110 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2261. Publication of identifying information relating 
       to a minor for criminal sexual purposes

       ``(a) Definition of Identifying Information Relating to a 
     Minor.--In this section, the term `identifying information 
     relating to a minor' includes the name, address, telephone 
     number, social security number, or e-mail address of a minor.
       ``(b) Prohibition and Penalties.--Whoever, through the use 
     of any facility in or affecting interstate or foreign 
     commerce (including any interactive computer service) 
     publishes, or causes to be published, any identifying 
     information relating to a minor who has not attained the age 
     of 17 years, for the purpose of soliciting any person to 
     engage in any sexual activity for which the person can be 
     charged with criminal offense under Federal or State law, 
     shall be imprisoned not less than 1 and not more than 5 
     years, fined under this title, or both.''.
       (b) Technical Amendment.--The analysis for chapter 110 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2261. Publication of identifying information relating to a minor for 
              criminal sexual purposes.''.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 3240

  Mr. DURBIN proposed an amendment to the bill, S. 2260, supra; as 
follows:

       At the appropriate place in title I of the bill, insert the 
     following:

     SEC. ____. FIREARMS.

       Section 922 of title 18, United States Code, is amended--
       (1) in subsection (d), by striking paragraph (5) and 
     inserting the following:

[[Page S8683]]

       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (2) in subsection (g), by striking paragraph (5) and 
     inserting the following:
       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (3) in subsection (s)(3)(B), by striking clause (v) and 
     inserting the following:
       ``(v) is not an alien who--

       ``(I) is illegally or unlawfully in the United States; or
       ``(II) subject to subsection (y)(2), has been admitted to 
     the United States under a nonimmigrant visa (as that term is 
     defined in section 101(a)(26) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(26)));''; and

       (4) by inserting after subsection (x) the following:
       ``(y) Provisions Relating to Aliens Admitted Under 
     Nonimmigrant Visas.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `alien' has the same meaning as in section 
     101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(3)); and
       ``(B) the term `nonimmigrant visa' has the same meaning as 
     in section 101(a)(26) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(26)).
       ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
     (s)(3)(B)(v)(II) do not apply to any alien who has been 
     lawfully admitted to the United States under a nonimmigrant 
     visa, if that alien is--
       ``(A) admitted to the United States for lawful hunting or 
     sporting purposes;
       ``(B) an official representative of a foreign government 
     who is--
       ``(i) accredited to the United States Government or the 
     Government's mission to an international organization having 
     its headquarters in the United States; or
       ``(ii) en route to or from another country to which that 
     alien is accredited;
       ``(C) an official of a foreign government or a 
     distinguished foreign visitor who has been so designated by 
     the Department of State; or
       ``(D) a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business.
       ``(3) Waiver.--
       ``(A) Conditions for waiver.--Any individual who has been 
     admitted to the United States under a nonimmigrant visa may 
     receive a waiver from the requirements of subsection (g)(5), 
     if--
       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (C); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petition.--Each petition under subparagraph (B) 
     shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     acquire a firearm or ammunition and certifying that the alien 
     would not, absent the application of subsection (g)(5)(B), 
     otherwise be prohibited from such acquisition under 
     subsection (g).
       ``(C) Approval of petition.--The Attorney General shall 
     approve a petition submitted in accordance with this 
     paragraph, if the Attorney General determines that waiving 
     the requirements of subsection (g)(5)(B) with respect to the 
     petitioner--
       ``(i) would be in the interests of justice; and
       ``(ii) would not jeopardize the public safety.''.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 3241

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by them to the bill, S. 2260, supra; as 
follows:

       At the appropriate place in title II, insert the following:

     SEC. 2____. SEDIMENT CONTROL STUDY.

       Of the amounts made available under this Act to the 
     National Oceanic and Atmospheric Administration for 
     operations, research, and facilities that are used for ocean 
     and Great Lakes programs, $50,000 shall be used for a study 
     of sediment control at Grand Marais, Michigan.
                                 ______
                                 

                ABRAHAM (AND ALLARD) AMENDMENT NO. 3242

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Allard) submitted an amendment 
intended to be proposed by them to the bill, S. 2260, supra; as 
follows:

       At the appropriate place, insert the following:
       In lieu of the pending amendment, insert the following:

     SECTION   . SHORT TITLE.

       This Act may be cited as the ``Powder Cocaine Mandatory 
     Minimum Sentencing Act of 1998''.

     SEC.   . SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.

       (a) Amendment of Controlled Substances Act.--
       (1) Large quantities.--Section 401(b)(1)(A)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is 
     amended by striking ``5 kilograms'' and inserting ``500 
     grams''.
       (2) Small quantities.--Section 401(b)(1)(B)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is 
     amended by striking ``500 grams'' and inserting ``50 grams''.
       (b) Amendment of Sentencing Guidelines.--Pursuant to 
     section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall promulgate guidelines or 
     amend existing guidelines to reflect the amendment made by 
     subsection (a).
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 3243

  Mr. BUMPERS proposed an amendment to the bill, S. 2260, supra; 
follows:

       At the appropriate place in title II of the bill, insert 
     the following:

     SEC. 2____. GRAND JURY RIGHT TO COUNSEL.

       (a) In General.--Rule 6 of the Federal Rules of Criminal 
     Procedure is amended--
       (1) in subdivision (d), by inserting ``and counsel for that 
     witness (as provided in subdivision (h))'' after ``under 
     examination''; and
       (2) by adding at the end the following:
       ``(h) Counsel for Grand Jury Witnesses.--
       ``(1) In general.--
       ``(A) Right of assistance.--Each witness subpoenaed to 
     appear and testify before a grand jury in a district court, 
     or to produce books, papers, documents, or other objects 
     before that grand jury, shall be allowed the assistance of 
     counsel during such time as the witness is questioned in the 
     grand jury room.''
                                 ______
                                 

                 GRAHAM (AND DeWINE) AMENDMENT NO. 3244

  Mr. GRAHAM (for himself and Mr. DeWine) proposed an amendment to the 
bill, S. 2260, supra; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2.____. PUBLIC AIRCRAFT.

       The flush sentence following subparagraph (B)(ii) of 
     section 40102(37) of title 49, United States Code, is amended 
     by striking ``if the unit of government on whose behalf the 
     operation is conducted certifies to the Administrator of the 
     Federal Aviation Administration that the operation was 
     necessary to respond to a significant and imminent threat to 
     life or property (including natural resources) and that no 
     service by a private operator was reasonably available to 
     meet the threat'' and inserting ``if the operation is 
     conducted for law enforcement, search and rescue, or 
     responding to an imminent threat to property or natural 
     resources''.

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