[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.''.

                                
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