[House Report 104-490]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-490
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF H.R. 125,
THE GUN CRIME ENFORCEMENT AND SECOND AMENDMENT RESTORATION ACT OF 1996
_______
March 21, 1996.--Referred to the House Calendar and ordered to be
printed
_______________________________________________________________________
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H.Res. 388]
The Committee on Rules, having had under consideration
House Resolution 388, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
brief summary of provisions of resolution
The resolution provides for consideration in the House of
H.R. 125, the ``Gun Crime Enforcement and Second Amendment
Restoration Act of 1996'' under a closed rule. The rule
provides that the amendment printed in this report is
considered as adopted. The rule provides for one hour of debate
divided equally between Representative Chapman of Texas or
Representative Barr of Georgia and Representative Conyers of
Michigan or his designee. The rule orders the previous question
to final passage without intervening motion except one motion
to recommit which, if containing instructions, may only be
offered by the Minority Leader or a designee.
section-by-section summary of the substitute amendment considered as
adopted by the rule to h.r. 125
Section 1. Section 1 contains the short title of the bill,
the ``Gun Crime Enforcement and Second Amendment Restoration
Act of 1996.''
Section 2. Section 2 includes findings of Congress which
affirm the responsibility of government to protect its citizens
from armed violent criminals and that the most effective way to
deal with armed violent criminals is to arrest, convict and
incarcerate them for substantial periods of time.
Section 3. This section directs the Attorney General to
establish within 6 months after enactment of the bill an
``armed violent criminal apprehension program.'' Elements of
the program include--(1) the designation of at least one
federal prosecutor in every U.S. attorney's office to prosecute
federal laws pertaining to armed violent criminals; (2) a
requirement that every U.S. attorney establish a task force
within his or her federal district to coordinate with State and
local law enforcement the apprehension of armed violent
criminals; (3) monthly reports from U.S. attorneys concerning
the number of armed violent criminals arrested and prosecuted;
and (4) semiannual reports from the Attorney General to the
Congress summarizing the information received from the U.S.
attorneys. The Attorney General may waive the requirements
affecting U.S. attorneys in low crime areas.
Section 4. This section repeals the prohibitions on
manufacturing, transferring or possessing a ``semiautomatic
assault weapon,'' and possessing or transferring a ``large
capacity ammunition feeding device.'' It also repeals certain
definitions in conformity with the repeal of the underlying
prohibitions. Finally, this section repeals a requirement that
the Attorney General conduct a study regarding the
effectiveness of the ban on assault weapons.
Section 5. This section establishes enhanced mandatory
minimum prison sentences for anyone who possesses, brandishes,
or discharges a firearm in the course of a federal violent
crime or drug trafficking offense. This section also
establishes an additional mandatory minimum prison sentence if
the firearm is equipped with a large capacity ammunition
feeding device (defined as one capable of accepting more than
ten rounds of ammunition). This penalty replaces the current
enhanced penalty relating to semiautomatic weapons.
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee Rollcall No. 301
Date: March 21, 1996.
Measure: Rule for the consideration of H.R. 125, the Gun
Crime Enforcement and Second Amendment Restoration Act of 1996.
Motion by: Mr. Frost.
Summary of motion: Increase debate time on the bill from
one to two hours.
Results: Rejected, 4 to 8.
Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Nay; Pryce--Yea; Diaz-Balart--Nay; McInnis--Nay;
Waldholtz--Nay; Beilenson--Yea; Frost--Yea; Hall--Yea;
Solomon--Nay.
The amendment to be considered as adopted is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Crime Enforcement and
Second Amendment Restoration Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) One of the primary duties of government is to
protect its citizens from armed violent criminals.
America's cherished liberty and the social and economic
prosperity of its communities are dependent upon
government's ability to maintain public safety.
(2) Criminals, by definition, operate outside the law
and routinely acquire firearms when they so desire.
Banning specific types of firearms has no effect on the
moral behavior of those who choose to inflict harm on
innocent citizens.
(3) The most effective way to protect the public from
gun-wielding violent criminals is to arrest, convict,
and incarcerate such predators, and to ensure that they
serve sentences of sufficient length to prevent them
from returning quickly to the streets.
SEC. 3. ARMED VIOLENT CRIMINAL APPREHENSION DIRECTIVE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General of the United
States shall establish an armed violent criminal apprehension
program consistent with the following requirements:
(1) Each United States attorney shall designate at
least 1 assistant United States attorney to prosecute
armed violent criminals.
(2) Each United States attorney shall establish an
armed violent criminal apprehension task force
comprised of appropriate law enforcement
representatives. The task force shall develop
strategies for removing armed violent criminals from
the streets, taking into consideration--
(A) the importance of severe punishment in
deterring armed violent crime;
(B) the effectiveness of Federal and State
laws pertaining to apprehension and prosecution
of armed violent criminals;
(C) the resources available to each law
enforcement agency participating in the task
force;
(D) the nature and extent of the violent
crime occurring in the district for which the
United States attorney is appointed; and
(E) the principle of limited Federal
involvement in the prosecution of crimes
traditionally prosecuted in State and local
jurisdictions.
(3) Not less frequently than monthly, the Attorney
General shall require each United States attorney to
report to the Department of Justice the number of
defendants charged with, or convicted of, violating
section 922(g) or 924 of title 18, United States Code,
in the district for which the United States attorney is
appointed.
(4) Not less frequently than twice annually, the
Attorney General shall submit to the Congress a
compilation of the information received by the
Department of Justice pursuant to paragraph (3) and a
report on all waivers granted under subsection (b).
(b) Waiver Authority.--
(1) Request for waiver.--A United States attorney may
request the Attorney General to waive the requirements
of subsection (a) with respect to the United States
attorney.
(2) Provision of waiver.--The Attorney General may
waive the requirements of subsection (a) pursuant to a
request made under paragraph (1), in accordance with
guidelines which shall be established by the Attorney
General. In establishing the guidelines, the Attorney
General shall take into consideration the number of
assistant United States attorneys in the office of the
United States attorney making the request and the level
of violent crime committed in the district for which
the United States attorney is appointed.
(c) Armed Violent Criminal Defined.--As used in this
section, the term ``armed violent criminal'' means a person who
is accused of violating section 922(g)(1) of title 18, United
States Code, having been previously convicted of a violent
crime, or who is accused of violating section 924 of such
title.
(d) Sunset.--This section shall have no force or effect
after the 5-year period that begins 180 days after the date of
the enactment of this Act.
SEC. 4. REPEAL OF THE PROHIBITIONS RELATING TO SEMIAUTOMATIC ASSAULT
WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING
DEVICES.
(a) Section 922 of title 18, United States Code, is amended
by striking subsections (v) and (w) and by striking the
appendix.
(b) Section 921(a) of such title is amended by striking
paragraph (30).
(c) Section 921(a)(31)(A) of such title is amended--
(1) by striking ``manufactured after the date of
enactment of the Violent Crime Control and Law
Enforcement Act of 1994''; and
(2) by striking ``, or that can be readily restored
or converted to accept,''.
(d) Section 923(i) of such title is amended by striking the
last 2 sentences.
(e) Section 924(a)(1)(B) of such title is amended by striking
``(r), (v), or (w)'' and inserting ``or (r)''.
(f) Section 110104 of the Violent Crime Control and Law
Enforcement Act of 1994 (18 U.S.C. 921 note) is repealed.
SEC. 5. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR
DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING
A FEDERAL CRIME THAT IS A CRIME OF VIOLENCE OR A
DRUG TRAFFICKING CRIME.
Section 924(c) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(2) by striking paragraph (1) and inserting the
following:
``(1) 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 the person may be
prosecuted in a court of the United States--
``(A) possesses a firearm, shall, in addition to the
sentence imposed for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for 5
years;
``(B) brandishes a firearm, shall, in addition to the
sentence imposed for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for 10
years; or
``(C) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence
imposed for the crime of violence or drug trafficking
crime, be sentenced to imprisonment for 20 years;
except that if the firearm is a short-barreled rifle or short-
barreled shotgun, or is equipped with a large capacity
ammunition feeding device, such additional sentence shall be
imprisonment for 10 years more than the term of imprisonment
that would otherwise be imposed under this paragraph, and if
the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, such
additional sentence shall be imprisonment for 30 years.
``(2) In the case of the second or subsequent conviction of a
person under this subsection--
``(A) if the person possessed a firearm during and in
relation to such second or subsequent crime of violence
or drug trafficking crime, the person shall, in
addition to the sentence imposed for such second or
subsequent offense, be sentenced to imprisonment for
not less than 20 years;
``(B) if the person brandished a firearm during and
in relation to such second or subsequent crime of
violence or drug trafficking crime, the person shall,
in addition to the sentence imposed for such second or
subsequent offense, be sentenced to imprisonment for
not less than 25 years; or
``(C) if the person discharged a firearm with the
intent to injure another person during and in relation
to such second or subsequent crime of violence or drug
trafficking crime, the person shall, in addition to the
sentence imposed for such second or subsequent offense,
be sentenced to imprisonment for not less than 30
years;
except that if the firearm is a machinegun or destructive
device or is equipped with a firearm silencer or firearm
muffler, the person shall, in addition to the sentence imposed
for such second or subsequent offense, be sentenced to life
imprisonment.
``(3)(A) Notwithstanding any other provision of law, the
court shall not impose a probationary sentence on any person
convicted of a violation of this subsection, nor shall a term
of imprisonment imposed under this subsection run concurrently
with any other term of imprisonment including that imposed for
the crime of violence or drug trafficking crime in which the
firearm was used.
``(B) No person sentenced under this subsection shall be
released for any reason whatsoever during a term of
imprisonment imposed under this subsection.''.