ACCESS DEVICES AND COMPUTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000400470010-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 22, 2016
• Document Release Date: December 29, 2010
• Sequence Number: 10
• Publication Date: April 17, 1986
• Content Type: OPEN SOURCE

Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986
CONGRESSIONAL RECORD - SENATE S 4463
(2) striking out "sections 3812 and 3813"
in subsection (h) and inserting in lieu there-
of "sections 3612 and 3613".
SEc. 16. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in section. 3672 (formerly section
3656) of title 18 of the United States Code by
adding at the end thereof.,
"He shall have the authority to contract
with any appropriate public or private
agency or person for the detection of and
care in the community of an offender who is
an addict or a drug-dependent person
within the meaning of section 2 of the
Public Health Service Act (42 U.S.C. 201).
This authority shall include, but not be lim-
ited to, providing equipment and supplies;
testing; medical, educational, social, psycho-
logical, and vocational services; corrective
and preventive guidance and training; and
other rehabilitative services designed to pro-
tect the public and benefit the addict by
eliminating his dependence on addicting
drugs, or by controlling his dependence and
his susceptibility to addiction. He may ne-
gotiate and award such contracts without
regard to section 3709 of the Revised Stat-
utes (41 U.S.C. 5).
"Ile shall pay for presentence studies and
reports by qualified consultants and presen-
tence examinations and reports by psychiat-
ric or psychological examiners ordered by
the court under section 3552 (b) or (c) except
for studies conducted by the Bureau of Prs-
or.s.",
SEC. 17. Section 214 of the Comprehensive
Crime Control Act of 1984 is amended--
(1) in subsection (a) of section 5037 of title
18 of the United States Code by striking out
"(e)" and inserting in lieu thereof "(d)",
(2) in subparagraph (B) of section
5,`37(c)(1) of title 18 of the United States
Cade by striking out "by section 3581(b)",
(3) in subparagraph (B) of section
5037(c)(2) of title 18 of the United States
Code by striking out "by section 3581(b)",
and
(4) in subsection (c) of section 5037 of title
18 of the United States Code by adding the
following new paragraph at the end thereof:
"The provisions of section 3624 are appli-
cc ble to an order placing a juvenile under
detention. ".
SEc. 18. Section 215(a)(5) of the Compre-
hensive Crime Control Act of 1984 is amend-
ed in subdivision (c)(2)(B) of Rule 32 of the
Fedeal Rules of Criminal Procedure by strik-
ing out the word "than" and inserting in
lieu thereof the word "from".
Sec. 19. Section 215(f) of the Comprehen-
sive Crime Control Act of 1984 is amended
in Rule 6 of the Federal Rules of Criminal
Procedure by-
(1) striking out the word "or" in subdivi-
sion (e)(3)(C)(ii); and
(2) striking out the period at the end of
subdivision (e)(3)(C)(iii) and inserting in
lieu thereof "; or".
Sec. 20. (a) Subsection (a) of section 224 of
the Comprehensive Crime Control Act of
1984 is amended-
(1) in paragraph (1) to read. "in subsec-
tion (b)(1)(A), by deleting the sentence
which begins Any sentence imposing a term
of imprisonment under this paragraph',-;
(2) in paragraph (2) to read. "in subsec-
tion (b)(1)(B), by deleting the sentence
u' rich begins 'Any sentence imposing a term
or imprisonment under this paragraph;';
(3) by inserting the following new para-
graph after paragraph (2):
"(3) in subsection (b)(1)(C), by deleting the
sentence which begins 'Any sentence impos-
ing a term of imprisonment under this para-
graph';
(4) by adding the word "and" at the end of
paragraph (4);
(5) by deleting paragraph (5); and
(6) by redesignating paragraphs (3) and
(4) as (4) and (5), respectively.
(b) Section 224 of the Comprehensive
Crime Control Act of 1984 is amended by re-
designating subsection (c) as subsection (d)
and by inserting after subsection (b) the fol-
lowing:
"(c) Section 405A (21 U.S.C. 845A) is
amended-
"(1) in subsection (a) by deleting YI)' after
the word 'punishable', and by deleting the
semicolon and all that follows and inserting
in lieu thereof a period;
"(2) in subsection (b) by deleting '(1)' after
the word 'Punishable', and by deleting 'and
(2) at least three times any special parole
term' and all that follows and by inserting
in lieu thereof a period; and
"(3) in subsection (c) by deleting the
second sentence.":
SEc. 21, Subsection (a) of section 225 of the
Comprehensive Crime Control Act of 1984 is
amended-
(1) in paragraph (1) to read, "In subsec-
tion (b)(1), by deleting the sentence which
begins 'If a sentence under this paragraph
provides for imprisonment;';
(2) in paragraph (2) to read, "in subsec-
tion (b)(2), by deleting the sentence which
begins 'If a sentence under this paragraph
provides for imprisonment',,";
(3) by redesignating paragraph (3) as (4);
a- d
(4) by inserting the following new para-
graph after paragraph (2):
"(3) in subsection (b)(3), by deleting the
sentence which begins 'If a sentence under
this paragraph provides for imprisonment;
and".
SEc. 22. Subsection (a) of section 232 of the
Comprehensive Crime. Control Act of 1984 is
amended by-
(1) striking out the word "and" the second
time it appears and inserting in lieu thereof
a comma; and
(2) inserting before the period ', and 'and
who are not sentenced to treatment under
the Narcotic Addict Rehabilitation Act of
1966'".
SEc. 23. (a) Section 235(a)(1)(B)(i) of the
Comprehensive Crime Control Act of 1984 is
amended by striking out "eighteen" and in-
serting "thirty" in lieu thereof.
(b) TECHNICAL, AMENDMENT.-Section
235(a)(1)(B)(i) of the Comprehensive Crime
Control Act of 1984 is amended by striking
out "to section" and inserting "under sec-
tion" in lieu thereof.
(c) Section 994(q) of title 28, United States
Code, is amended by striking out "within
three years" and all that follows through
"Act of 1933" and inserting in lieu thereof
"not later than one year after the initial set
of sentencing guidelines promulgated under
subsection (a) goes into effect."
(d) Section 235(a)(1) of the Comprehensive
Crime Control Act of 1984 is amended by
striking out "twenty-four" and inserting
"thirty-six" in lieu thereof.
FORFEITURE (CHAPTERS III AND XXIII)
SEc. 24. Section 1963 of title 18 of the
United States Code is amended-
(1) in subsection (c) by striking out "(m)"
and inserting in lieu thereof "(1)';-
(.2) in subsection (j) by striking out "(m)"
and inserting in lieu thereof "(1)"; and
(3) by redesignating subsections (e), (f),
(g), (h), (i), (j), (k), (1), and (m), as subsec-
tions (d), (e), (f), (g), (h), (i), (j), (k), and (1),
respectively.
Sec. 25. Section 608 of the Tariff Act of
1930 (19 U.S.C. 1608) is amended in the sen-
tence beginning "Upon the filing", by strik-
ing out "$2,500" and inserting in lieu there-
of "$5,000".
SEc. 26. (a) Subsection (c) of section 616 of
the Tariff Act of 1930 (19 U.S.C. 1616(c)) as
enacted by Public Law 98-573 is amended by
inserting "any other Federal agency or to"
after "property forfeited under this Act to".
(b) Section 616 of the Tariff Act of 1930 (19
U.S.C. 1616) as enacted by Public Law 98-
473 is repealed.
SEc. 27. Section 413 of title II of the Com-
prehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853) is amended-
(1) in subsection (c) by striking out "(o)"
and inserting in lieu thereof "(n)";
(2) in subsection (f) by striking out "sub-
section (f)" and inserting in lieu thereof
"subsection (e)", and
(3) in subsection (k) by striking out "(o)"
and inserting in lieu thereof "(n)".
SEc. 28. (a) Subsection (b) of section 511 of
the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 881(b)) is
amended-
(1) by striking out "or criminal" after
"Any property subject to civil';
(2) in paragraph (4) by striking out "or
criminal" after "is subject to civil", and
(3) by adding the following at the end
thereof:
"The Government may request the issu-
ance of a warrant authorizing the seizure of
property subject to forfeiture under this sec-
tion in the same manner as provided for a
search warrant under the Federal Rules of
Criminal Procedure.":
(b) Subsection (i) of section 511 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 881(i)) is
amended by inserting ", or a violation of
State or local law that could have been
charged under this title or title III," after
"title III",
SEc. 29. (a) Subparagraph (E) of section
524(c)(1) of title 28 of the United States
Code is amended by inserting "the Federal
Bureau of Investigation, the United Sta^cs
Marshals Service," after the words "for offi-
cial use by", and by inserting a cornr.n
before the word "or",
(b) Paragraph (4) of section 524(c) of title,
28 of the United States Code is amended by
striking out "remaining after the payment
of expenses for forfeiture and sale author-
ized by law" and inserting in lieu thereof ",
except all proceeds of forfeitures available
for use by the Secretary of the Treasury or
the Secretary of the Interior pursuant to sec-
tion 11(d) of the Endangered Species Act (16
U.S.C. 1540(d)) or section 6(d) of the Lacey
Act Amendments of 1981 (16 U.S.C.
3375(d))",
OFFENDERS WITH MENTAL DISEASE OR
DEFECT
(CHAPTER IV)
S.ec. 30. Subdivision (c) of Rule 12.2 of the
Federal Rules of Criminal Procedure is
amended by inserting "4241 or" before
"4242'
DRUG ENFORCEMENT AMENDMENTS
(CHAPTER V)
SEc. 31. Paragraph (14) of section 102 of
the Controlled Substances Act (21 U.S.C.
802(14)) is amended in the second and third
sentences by striking out the word "the"
after the words "the term 'isomer' means"
and inserting in lieu thereof "any".
SEc. 32. Paragraph (4) of subsection (a) of
schedule II of the Controlled Substances Act
(21 U.S.C. 812) is amended to read as fol-
lows:
"(4) coca leaves, except coca leaves and ex-
tracts of coca leaves from which cocaine. ec-
gonine, and derivatives of ecgonine or their
salts have been removed; cocaine, its salts,
optical and geometric isomers, and salts of
isomers; ecgonine, its derivatives, their
salts, isomers, and salts of isomers; or any
compound, mixture, or preparation which
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
S 4464 CONGRESSIONAL RECORD - SENATE April 17, 1986
contains any quantity of any of the sub- gonine, and derivatives of ecgonine or their Sea 43. (a) Subsection (d) of section 1201
stances referred to in this paragraph." salts have been removed; of title 18 of the United States Code is
SEc. 33. (a) Subparagraph (A) of section "(ii) cocaine, its salts, optical and geomet- amended by adding the words "or (a)(5)"
401(b)(1) of the Controlled Substances Act ric isomers, and salts of isomers; after the words "subsection (a)(4)':
(21 U.S.C. 841(b)(1)(A)) is amended- "(iii) ecgonine, its derivatives, their salts, (b) Paragraph (2) of section 115(b) of title
(1) in clause (i) to read as follows: isomers, and salts of isomers; or 18 of the United States Code is amended to
'Vi) 100 grams or more of a mixture or sub- "(iv) any compound, mixture, or prepara- read as follows:
stance containing adetectable amount of a tion which contains any quantity of any of "(2) A kidnaping or attempted kidnaping
narcotic drug in schedule I or II other than the substances referred to in clauses (i) in violation of this section shall be punished
a narcotic drug consisting of- through (iii);'; as provided in section 1201 of this title for
"(I) coca leaves, except coca leaves and ex- (2) in subparagraph (B) by inserting "a the kidnaping or attempted kidnaping of a
tracts of coca leaves from which cocaine, ec- mixture or substance containing a detecta- person described in section 1201(a)(5) of this
gonine, and derivatives of ecgonine or their ble amount of" after "a kilogram or more title.';
salts have been removed; of';? SEC. 44.(a) Chapter 65 of title 18 of the
"(II) cocaine, its salts, optical and geomet- (3) in subparagraph (C) by inserting 'a United States Code is amended by redesig-
ric isomers, and salts of isomers; mixture or substance containing a detecta- nating section 1365 as enacted by Public
"(If!) ecgonine, its derivatives, their salts, ble amount of" after "500 grams or more of" Law 98-473 as section 1366.
isomers, and salts of isomers; or (4) in subparagraph (D) by inserting "a (b) The analysis at the beginning of chap-
"(IV) any compound, mixture, or prepara- mixture or substance containing a detecta- ter 65 of title 18 of the United States Code is
tion which contains any quantity of any of ble amount of" after "5 grams or more of amended by striking out "1365" the second
the substances referred to in subelauses (I) and time it appears and inserting in lieu thereof
through (III);'; (5) by adding at the end thereof, "If a sen- "1366
(2i in clause (ii) by adding "a mixture or tence under this paragraph provides for im-
substance containing a detectable amount prisonment, the sentence shall include a spe- SERIOUS NONVIOLENT OFFENSES
of" after "a kilogram or more of, cial parole term of not less than four years (CHAPTER XI)
(3) in clause (iii) by adding "a mixture or in addition to such term of imprisonment.": SEC. 45. Section 215 of title 18 of the
substance containing a detectable amount (b) Paragraph (3) of section 1010(b) of the United States Code is amended-
of" after "500 grams or more of; Controlled Substances Import and Export (1) in subsections (a) and (b) by inserting
(4) in clause (iv) by adding "a mixture or Act (21 U.S.C. 960(b)(3)) is amended by the words bank holding company, or sav-
substance containing a detectable amount striking out ", except as provided in pans- ings and loan holding company" after the
of after "5 grams or more of; and graph (4)": words 'financial institution" the second
(5) by adding at the end thereof, "Any sen- LABOR RACKETEERING AMENDMENT and third place in which they appear,
tence imposing a term of imprisonment (CHAPTER VIII) (2) in subsection (c)(1)(D) by striking out
under this paragraph shall, in the absence of SEC. 38. Paragraph (2) of section 411(a) of "Administrator of the", and
such a prior conviction, impose a special title I of the Employee Retirement Income (3) in subsection (d) by inserting the
parole term of at least 4 years in addition to Security Act of 1974 (29 U.S.C. 1111(a)(2)) is words ", bank holding company, or savings
such term of imprisonment and shall, if amended by striking out "entity" and insert- and loan holding company" after the words
there was such a prior conviction, impose a ing in lieu thereof "person". 'financial institution" each place in which
special parole term of at least 8 years in ad-
t. CURRENCY AND FOREIGN TRANSAC- they appear.
dition to such h (5 oo s401 01n (bl
(b) Paragraph TIONS REPORTING ACT AMEND- SEc. 46. Section 219 of title 18 of the
Controlled Substances of section sectio Act (21 of U.S.C. the MENTS (CHAPTER IX) United States Code is amended-
841(b)(5)) is amended by adding the words Ste. 39. Paragraph (2) of section 5316(a) (1) in the first paragraph to read:
"the fines provided in" after the word `Not- of title 31 of the United States Code is "Whoever, being a public official, is or
withstanding". amended by striking out "$5,000" and in. acts as an agent of a foreign principal re-
Sec. 34. Subsection (b) of section 405A of serting in lieu thereof "$10,000': quired to register under the Foreign Agents
the Controlled Substances Act (21 U.S.C. MISCELLANEOUS VIOLENT CRIME Registration Act of 1938, as amended, shall
845a(b)) is amended by inserting "parole" AMENDMENTS (CHAPTER X) be fined not more than $10,000 or impris-
after "(2) at least three times any special": Ste. 40. Subsection (a) of section 373 of oned for not more than two years, or both
SEc. 35. Section 503(a) of the Controlled title 18 of the United States Code is amend- and
(2) in paragraph out
Substances Act (21 U.S.C. 873(a)) is amend- ed by- "
the a the lfrt the Di tr by striking Columbia" ict of ed by- (1) inserting after the words "the person or and Delegate from the a eof "Delegate", an"
(1) striking out "and" at the end of pans- Property of another" and inserting in lieu thereof and
the words ", or against b by striking out ", or a juror': pers
graph (5);
own
and (2) striking out the period at the end of such
(2) insertting before propthe word "death" the SEc. 47. to Chapter a5 of title 18 of the
paragraph (6) and inserting in lieu thereof words 'life imprisonment or': United States Code is amended by redesig-
and'; and SEC. 41. Subsection (c) of section 924 of nating section 510 as enacted by Public Law
(3) adding at the end thereof the following: title 18 of the United States Code is amend- 98-473 as section 513.
"(7) notwithstanding any other provision ed by- (b) The analysis at the beginning of chap-
of law, enter into contractual agreements (1) adding after the words "during and in ter 25 of title 18 of the United States Code is
with State and local law enforcement agen- relation to any" the words 'felony described amended by striking out "510. Securities of
cies to provide for cooperative enforcement in the Controlled Substances Act (21 U.S.C. the State and private entities.", and by
and regulatory activities under this Act.': 801 et seq.), the Controlled Substances adding at the end thereof "513. Securities of
SEC. 36. Section 508 of the Controlled Sub- Import and Export Act (21 U.S.C. 951 et the States and private entities.":
stances Act (21 U.S.C. 878) is amended by- seq.), or section 1 of the Act of September 15, SEc. 48. (a) Sections 1791 and 1792 of title
(1) inserting "(a)" before "Any officer or 1980 (21 U.S.C. 955a) or any'; 18 of the United States Code are amended by
employee"; (2) adding after the words "in addition to striking out the phrase "Federal penal or
(2) inserting after "Drug Enforcement Ad- the punishment provided for such" the correctional facility" each time it appears
ministration" the following: "or any State words 'felony or"; and and inserting in lieu thereof "Federal penal,
or local law enforcement officer'; and (3) adding after the words "term of impris- detention, or correctional facility".
(3) adding at the end thereof the following onment including that imposed for the" the (b) Section 1791 of title 18 of the United
new subsection: words 'felony or". States Code is further amended-
"(b) State and local law enforcement offi- Ste. 42. Subsection (a) of section 929 of (1) in subparagraph (a)(1)(B) by adding
cers performing functions under this section title 18 of the United States Code is amend- the words "ammunition or" before "any
shall not be deemed Federal employees and ed by- other weapon";
shall not be subject to provisions of law re- (1) adding after the words "during and in (2) in subparagraph (a)(1)(C) by adding
lating to Federal employees, except that such relation to the commission of a" the words before the semicolon the words ", lysergic
officers shall be subject to section 3374(e) of 'felony described in the controlled sub- acid diethylamide, or phencyclidine",'
title 5, United States Code.': stances Act (21 U.S.C. 801 et seq.), the Con- (3) in subparagraph (4)(1)(D) by striking
SEc. 37. (a) Paragraph (1) of section trolled Substances Import and Export Act out "other than a narcotic drug, as defined
1010(b) of the Controlled Substances Import (21 U.S.C. 951 et seq.), or section 1 of the Act in section 102 of the Controlled Substances
and Export Act (21 U.S.C. 960(b)(1)) is of September 15, 1980 (21 U.S.C. 855a), or a- Act (21 U.S.C. 802)" and inserting in lieu
amended- (2) adding after the words "in addition to thereof "other than a controlled substance
(1) in subparagraph (A) by striking out the punishment provided for the commis- described in subparagraph (C)"; and
clauses (ii, (ii), and (iii) and inserting in sion of such" the words 'felony or'; and (4) by making subsection (c) read as fol-
lieu thereof i :e following: (3) adding after the words "term of impris- lows:
"(i) coca leaves, except coca leaves and ex- onment including that imposed for the "(c) DEFrmrrons.-As used in this section,
tracts of coca leaves from which cocaine, ec- felony" the words "or crime of violence". 'ammunition, firearm, and 'destructive
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986 CONGRESSIONAL RECORD - SENATE
device' have the meaning given those terms, Sea 57. to) Chapter 232 of title 18 of the
respectively, in section 921 of title 18 the United States Code, as enacted by section
United States Code. ". 1406(a) of the Comprehensive Crime Control
PROCEDURAL AMENDMENTS (CHAPTER
XII)
SEc. 49. Subsection (el of section 1028 of
title 18 of the United States Code is amend-
ed by striking out "title V of the Organized
Crime Control Act of 1970 (18 U.S.C. note
prec. 3481)" and inserting in lieu thereof
"chapter 224 of this title".
Ste. 50. Subsection (f) of section 1029 of
title 18 of the United States Code is amend-
ed by striking out "title V of the Organized
Crime Control Act of 1970 (18 U.S.C. note
prec. 3481)" and inserting in lieu thereof
"chapter 224 of this title".
SEc. 51. Section 3076 of title 18 of the
United States Code is amended by striking
out "title V of the Organized Crime Control
Act of 1970" and inserting in lieu thereof
"chapter 224 of this title".
SEc. 52. Section 3522 of title 18 of the
United States Code is amended-
(1) in subsection (a) by striking out the
word "parolees" in the second sentence and
inserting in lieu thereof 'probationers or
parolees, as the case may be';
(2) in subsection (b)-
(A) by striking out "subsection (a)" and
inserting in lieu thereof "probation or
parole"; and
(B) by striking out the word "shall" and
inserting in lieu thereof "may";
(3) by striking out s+rbsection (c); and
(4) by redesignaiii ; subsection (d) as sub-
section (c).
SEc. 53. Section 1921 of title 28 of the
United States Code is amended by adding
the following new paragraph at the end
thereof:
"Notwithstanding the provisions of sec-
tion 3302 of title 31, the United States Mar-
shals Service is authorized, to the extent
provided in appropriations acts, to credit to
its appropriation account all fees, commis- }
sions, and cr enses collected for-
"(1) the service of civil process, including
Act of 1984, is redesignated as chapter 232A.
(b) The chapter analysis of part II of title
18 of the United States Code is amended by
striking out the item relating to chapter 232,
as added by section 1406(b) of the Compre-
hensive Crime Control Act of 1984, and in-
serting in lieu thereof the following:
"232A. Special forfeiture of collateral profits
of crime ...............................................3681"
SEc. 58. Subsection (e) of section 1402 of
the Comprehensive Crime Control Act of
1984 is amended by-
(1) striking out "the next succeeding fiscal
year" and inserting in lieu thereof "the next
two succeeding fiscal years';- and
(2f striking out "year" after "at the end of
which".
SEc. 59. Section 1407 of the Comprehensive
Crime Control Act of 1984 is amended-
(1f in subsection (h) by striking out "1302"
and inserting in lieu thereof "1402" and
(2) by redesignating subsection (h) as sub-
section (g).
Ste. 60. Chapter XIV of the Comprehen-
sive Crime Control Act of 1984 is amended
by striking out section 1410.
TRADEMARK COUNTERFEITING
(CHAPTER XV)
SEc. 61. (a) Chapter 113 of the title 18 of
the United States Code is amended by redes-
ignating section 2320 as enacted by Public
Law 98-473 as section 2321.
(b) The analysis at the beginning of chap-
ter 113 of title 18 of the United States Code
is amended by striking out
"2320. Trafficking in counterfeit goods or
services."
and by adding at the end thereof
"2321. Trafficking in counterfeit goods or
services.
ACCESS DEVICES AND COMPUTER
(CHAPTER XXI)
"(2) seizures, levies, and sales associated
with judicial orders of execution,
by the United States Marshals Service and
to use such credited amounts for the purpose
of carrying out such activities. ".
VICTIM COMPENSATION AND
ASSISTANCE (CHAPTER XIV)
SEc. 54. Section 3013 of title 18 of the
United States Code is amended by adding
the following new subsection at the end
thereof:
"(c) No assessment shall be imposed on
any person convicted of an offense for which
local rules of the district court, or other Fed-
eral law, establishes that collateral may be
posted in lieu of appearance in court.":
SEc. 55. Subsection (a) of section 3671 of
title 18 of the United States Code, as enacted
by section 1406(a) of the Comprehensive
Crime Control Act of 1984, is amended by
striking out "chaptc, 227 or 231 of" after the
words "an order of restitution under".
SEc. 56. (a) Sections 3671 and 3672 of title
18 of the United States Code, as enacted by
section 1406(a) of the Comprehensive Crime
Control Act of 1?514, are redesignated as sec-
tions 3681 and 3682, respectively.
(b) The sectional analysis of chapter 232 of
title 18 of the United States Code, as added
by section 14 ?6(a) of the Comprehensive
Crime Control Act of 1984, is amended by
striking out "3671" and "3672" and insert-
ing in lieu thereof "3681" and "3682"; re-
spectively.
United States Code is amended by adding
the following new paragraph at the end
thereof:
"(f) This section does not prohibit any
lawfully authorized investigative, protec-
tive, or intelligence activity of a law en-
forcement agency of the United States, a
State, or a political subdivision of a State,
or of an intelligence agency of the United
States."
(b) Delete paragraph (3) of subsection (a)
of section 1030 of title 18 of the United
States Code.
(c) Delete "or" after the semicolon at the
end of paragraph (2) of subsection (a) of sec-
tion 1030 of title 18 of the United States
Code, and insert "or" after the semicolon at
the end of paragraph (1) of subsection (a) of
section 1030 of title 18 of the United States
Code.
Mf'SCELLANEO US AMENDMENTS
SEc. 63. Section 3 of title 18 of the United
States Code is amended by inserting before
the word "death" the words "life imprison-
ment or".
SEc. 64. (a) Chapter 1 of title 18 of the
United States Code is amended by adding a
new section 17 as follows:
"417. Organization defined
"For purposes of this title, the term 'orga-
nization' means a person other than an in-
dividual.':
(b) The sectional analysis for chapter 1 of
title 18 of the United States Code is amend-
S 4465
ed by adding after the item relating to sec-
tion 16 the following:
"17. Organization defined"
Sac. 65. Subsection (a) of section 201 of
title 18 of the United States Code is amend-
ed by striking out "the Delegate from the
District of Columbia" and inserting in lieu
thereof "Delegate":
Ste. 66. Paragraph (1) of section 203(a) of
title 18 of the United States Code is amend-
ed by striking out "Delegate from the Dis-
trict of Columbia, Delegate Elect from the
District of Columbia" and inserting in lieu
thereof "Delegate, Delegate Elect".
SEc. 67. Subsection (h) of section 844 of
title 18 of the United States Code is amend-
ed to read as follows:
"(h) Whoever uses fire or an explosive to
commit, or carries an explosive during the
commission of, any felony which may be
prosecuted in a court of the United States,
including a felony which provides for an en-
hanced punishment if committed by the use
of a deadly or dangerous weapon or device,
shall, in addition to the punishment provid-
ed for such felony, be sentenced to imprison-
ment for five years. In the case of his second
or subsequent conviction under this subsec-
tion, such person shall be sentenced to im-
prisonment for ten years. Notwithstanding
any other provision of law, the court shall
not place on probation or suspend the sen-
tence of any person convicted of a violation
of this subsection, nor shall the term of im-
prisonment imposed under this subsection
run concurrently with any other term of im-
prisonment including that imposed for the
felony in which the fire or explosive was
used or the explosive was carried. No person
sentenced under this subsection shall be eli-
gible for parole during the term of imprison-
ment imposed herein."
SEc. 68. Section 1961(a) of title 18 of the
United States Code is amended by adding,
after the words "section 1511 (relating to the
obstruction of State or local law enforce-
ment)," the words "section 1512 (relating to
tampering with a witness, victim, or an in-
formant), section 1513 (relating to retaliat-
ing against a witness, victim, or an inform-
ant),".
SEc. 69. The first and second paragraphs
of section 2315 of title 18 of the United
States Code are amended by-
(1) inserting "possesses," after "receives,";
and
(2) striking out "moving as, or which are a
part of, or which constitute interstate orfor-
eign commerce," and inserting in lieu there-
of "which have crossed a State or United
States boundary after being stolen, unlaw-
fully converted, or taken,":
SEc. 70. Subsection (m) of section 223 of
the Comprehensive Crime Control Act of
1984 is amended in paragraph (3)(B) to read
as follows:
"(B) by amending subsection (b) to read as
follows.
"'(b) An offender transferred to the United
States to serve a sentence of imprisonment
that is longer than the maximum period of
time specified in the applicable sentencing
guideline promulgated pursuant to section
994(a)(1) of title 28, United States Code, as
determined by the Bureau of Prisons, shall
serve in an official detention facility the
maximum period of time specified in the ap-
plicable sentencing guideline and shall serve
the remainder of the term imposed as a term
of supervised release. To the extent permit-
ted by the applicable treaty, a determination
by the Bureau of Prisons as to whether the
transferred offender shall serve a term of su-
pervised release and the length of such term
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
S 4466 CONGRESSIONAL RECORD - SENATE
to be served may be appealed to the United
States court of appeals for the district in
which the offender is imprisoned after trans-
fer to the United States, and the court of ap-
peals shall decide and dispose of the appeal
in accordance with section 3742 as though
the determination appealed had been im-
posed by the United States district court. A
determination by the Bureau of Prisons
shall be made only after affording the trans-
ferred offender an opportunity (1) to submit
evidence or information as the applicable
sentencing guideline, and (2) for an appeal
within the Bureau of Prisons of such dete-
mination by a reviewing authority estab-
lished by the Director pursuant to regula-
tions. and".
Sac. 71. Section 3142(c)(2)(J) of title 18 of
the United States Code is amended by insert-
ing `, psychological,"after "medical".
Sec. 72. Paragraphs (3) of subsections (d),
(g), and (h) of section 922 of title 18 of the
United States Code are amended by deleting
the words "marihuana or any depressant or
stimulant drug (as defined in section 201(v)
of the Federal Food, Drug, and Cosmetic
Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of
1954)" and inserting in lieu thereof the
words "marihuana or any depressant or
stimulant substance or narcotic drug (as
those terms are defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802)":
Sec. 73. Section 875 of title 18 of the
United States Code is amended by striking
the phrase "transmits in interstate com-
merce" each place where it appears and in-
serting in lieu thereof the words, "transmits
in interstate or foreign commerce":
Sec. 74. Section 351 of title 18 of the
United States Code is amended-
(a) in subsection (a) by adding after
"Deputy Director of Central Intelligence, "
the words "a major candidate for the office
of President or Vice-President, as defined in
subsection (a)(7) of section 3056 of this
title", and
(b) in subsection (h) by deleting the words
"an official" and inserting in lieu thereof "a
person"Mr. THURMOND. Mr. President,
today, I rise in support of S. 1236-a
bill that would make minor and tech-
nical corrections to the Comprehen-
sive Crime Control Act of 1984.
As most of you are aware, the Com-
prehensive Crime Control Act of 1984
embodied the most significant series of
changes in the Federal criminal justice
system ever enacted at one time. I was
pleased to have been able to lead the
effort, along with several of my distin-
guished colleagues, in securing passage
of that legislation in the 98th Con-
gress. The act was passed during the
final weeks of the 98th Congress
under demanding time constraints,
and inevitably some ambiguities and
technical defects found their way into
the legislation.
On June 4, 1985, I introduced S.
1236. along with my colleagues Sena-
tor BIDEN, ranking minority member
of the Judiciary Committee, Senator
LAXALT, and Senator KENNEDY to cor-
rect those defects. This bill was re-
ferred to the Judiciary Committee, of
which I am chairman. S. 1236, as origi-
nally introduced, included 85 provi-
sions covering all areas of the Federal
criminal law. To expedite consider-
ation of this legislation, the committee
formulated a compromise containing
April 17, 1986
those sections of S. 1236 which the "(B) designate the appropriate guideline
members of the Judiciary Committee category and remand the case for imposi-
unanimously supported and it was of- tion of a sentence consistent with its deci-
fered as an amendment in the nature sion;"; and
of a substitute. (B) striking out subparagraphs (A) and
The committee unanimously RP- (B) of paragraph (2) and inserting in lieu
thereof the following:
proved this substitute at its executive "(A) if it determines that the sentence is
committee meeting on December 12, too high and the appeal has been filed
1985, and it was reported on April 4, under subsection (a), it shall set aside the
1986 (S. Rep. 99-278). sentence and remand the case for imposi-
AMENDMENT NO. 1794
(Purpose: To clarify certain fine and
sentencing guideline provisions)
tion of a sentence consistent with its deci-
sion;
"(B) if it determines that the sentence is
too low and the appeal has been filed under
Mr. THURMOND. Mr. President, I subsection (b), it shall set aside the sentence
now send an amendment to the desk and remand the case for imposition of a sen-
on behalf of myself, Senator BIDEN, tence consistent with its decision; or".
Senator LAXALT, Senator KENNEDY,
Senator HATCH, Senator GRASSLEY,
Senator SPECTER, and Senator EAST, to
the committee substitute, and I ask
for its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from South Carolina [Mr.
THURMOND], for himself, and Mr. BIDEN, Mr.
LAXALT, Mr. KENNEDY, Mr. HATCH, Mr.
GRAssLEY, Mr. SPECTER, and Mr. EAST, pro-
poses an amendment numbered 1794.
Mr. THURMOND. Mr. President, I
ask unanimous consent that further
reading of the amendment be dis-
pensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 61, strike out lines 22 through 3
on page 62 and insert in lieu thereof the fol-
lowing:
(1) in subsection (a)(2) by-
(A) redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respec-
tively;
(B) amending subparagraph (C) to read as
follows:
"(C) the sentence modification provisions
set forth in sections 3563(c), 3564, 3573,
3582(c), and 3583(e) of title 18;"; and
(C) adding after subparagraph (C) the fol-
lowing new subparagraph:
"(D) the fine imposition provision set
forth in section 3572 of title 18;";
On page 62, strike out lines 13 through 16
and insert in lieu thereof the following:
(3) in subsection (b) by-
(A) inserting "(1)" after "(b)"; and
(B) designating the second sentence as
paragraph (2) and inserting before the
period in such paragraph (2) the following:
"except.that-
"(A) if the maximum term of the range is
life imprisonment, the minimum shall not
be less than 25 years imprisonment. or
"(B) it the maximum term of the range is
one year or less, the maximum shall not
exceed the minimum of that range by more
than 50 per centum or 60 days, whichever is
greater.";
On page 68, between lines 4 and 5, insert
the following:
SEC. 16A. Section 213 of the Comprehen-
sive Crime Control Act of 1984 is amended
in section 3742 of title 18, United States
Code-
(1) in subsections (a)(2), (b)(2), (d)(2), and
(e)(1) by striking out "an incorrect" and in-
Mr. THURMOND. Mr. President,
today I am offering an amendment to
S. 1236 to make several changes in the
sentencing provisions of the Compre-
hensive Crime Control Act of 1984.
I am pleased to be joined in offering
this legislation by several of my distin-
guished colleagues on the Judiciary
Committee-Senator BIDEN of Dela-
ware, ranking minority member, as
well as Senators LAXALT, KENNEDY,
HATCH, GRASSLEY, SPECTER, and EAST.
This amendment would make
changes with regard to the duties of
the U.S. Sentencing Commission and
the appellate review of sentences im-
posed by district courts.
First, the Commission's authority
would be expanded to authorize it to
promulgate policy statements regard-
ing the imposition of fines in accord-
ance with the applicable provision of
Title 18 of the United States Code.
This change would be consistent with
the Commission's present authority to
issue policy statements with regard to
matters such as the application of sen-
tencing guidelines, the sanctions of
forfeiture, and plea agreements. In ad-
dition, this change would enhance the
usefulness of the Commission's work
to the Federal judicial system.
Second, the amendment modifies
the requirement for sentencing guide-
lines that provides for ranges in the
term of imprisonment. Currently, the
maximum of the range may not
exceed the minimum of that range by
more than 25 percent. S. 1236, as re-
ported by the committee, provides
that when the maximum of the range
is life imprisonment, the minimum of
that range would be 30 years. This
amendment would change that
number to 25 years and would also
provide that when the maximum term
of the range is 1 year or less, the maxi-
mum shall not exceed the minimum of
that range by more than 50 percent, or
60 days, whichever is greater. When
the maximum term of the range is 1
year or less, a 25-percent variance
would not allow the Commission suffi-
cient flexibility to develop meaningful
guidelines for relatively minor crimes.
serting in lieu thereof "a clearly erroneous ?"` ...VIG11GG Lit luc
construction or"; and range would only amount to a small
(2) in subsection (e) by- number of days which could possibly
(A) striking out subparagraph (B) of para- encourage defendants to stand trial
graph (1) and inserting in lieu thereof the rather than plead guilty. This change
following: would enable the commission to draft
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986 CONGRESSIONAL RECORD - SENATE
meaningful, realistic guidelines with
regard to the lower end of the impris-
onment sentencing scale.
The amendment would also amend
certain provisions pertaining to the
appellate review of sentences. Current-
ly, an appellate court may overturn a
sentence if it determines that the sen-
tence was imposed as a result of an
"incorrect application" of the sentenc-
ing guidelines. This amendment would
change the standard of review to re-
quire the court to determine that the
sentence was the result of a "clearly
erroneous construction" of the sen-
tencing guidelines. This modified
standard, unlike the current standard,
is well defined in current law, more fa-
miliar to potential appellate litigants,
and gives more appropriate weight to
the sentencing decisions of Federal
district court judges.
Finally, this amendment would
modify the current law which permits
the appellate court to resentence a de-
fendant. The responsibility for sen-
tencing and resentencing has tradi-
tionally been reserved for the district
court in that the presence of the de-
fendant gives the sentencing judge the
opportunity to observe the demeanor
and attitude of the defendant. As well,
the presence of the victim, prosecutor,
and defense attorney, and any other
relevant witnesses gives the district
court insight into the sentencing proc-
ess that an appellate judge could not
realize from a record alone. This bill
would, therefore, require an appellate
court that finds in favor of the defend-
ant, to remand the case with appropri-
ate instruction to the district court for
further sentencing procedures.
Judge William W. Wilkins, Jr.,
Chairman of the U.S. Sentencing
Commission, has indicated that these
changes are necessary in order to
ensure the meaningful development
and implementation of the sentencing
guidelines which the Commission will
submit to Congress by April 13, 1987,
and the Department of Justice con-
curs. I urge my colleagues to support
this legislation. This legislation needs
to be enacted as soon as possible be-
cause some of the provisions relate di-
rectly to the drafting of the sentenc-
ing guidelines. I strongly urge my col-
leagues to accept this amendment by
unanimous consent.
Mr. BIDEN. Mr. President, as an
original cosponsor of the Comprehen-
sive Crime Control Act that was
passed in 1984, I join with Senators
THURMOND, KENNEDY, and LAXALT in
moving these technical corrections
and minor amendments. I introduced
these changes in the same bipartisan
spirit that carried through our efforts
last Congress to pass the most encom-
passing changes to our Federal Crimi-
nal Code in decades.
In the wee hours of the morning
when the comprehensive crime control
bill passed the Senate, all of us most
actively involved recognized that
minor and technical amendments
would be needed in the future. As my
colleagues may recall, the components
of the comprehensive crime bill were
expanded by 11 titles and in the limit-
ed time available before the end of the
98th Congress, drafting and conform-
ing changes in the legislation were ex-
tremely difficult.
As with past legislation I have intro-
duced by request with the chairman, it
was recognized that careful review and
scrutiny of these changes would need
to be done in committee.
In considering this bill in committee,
the approach taken was reflective of
how we all worked together on passing
the original crime bill. In that spirit,
we agreed to set aside any section of
this bill that any Senator believed was
expansive in scope and more than
technical. For that reason, 21 sections
of the original bill were removed and
will be the subject of future hearings.
In the spirit of the cooperation
shown in moving the original crime
bill in 1984, I ask my colleagues to sup-
port final passage of this bill.
Mr. THURMOND. Mr. President, I
move adoption of the amendment.
The PRESIDING OFFICER. If
there is no further debate on the
amendment, the question is on agree-
ing to the amendment.
The amendment (No. 1794) was
agreed to.
AMENDMENT NO. 1795
(Purpose: To clarify the budget effect of the
contract authority granted to the Director
of Administrative Office of the United
States Courts)
Mr. THURMOND. Mr. President, I
now send to the desk another amend-
ment to the committee substitute and
ask for its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from South Carolina [Mr.
THURMONDI proposes an amendment num-
bered 1795.
On page 67, line 8, after "contract" insert
subject to appropriations,".
Mr. THURMOND. Mr. President,
section 16 of S. 1236 would restore the
authority of the Administrative Office
of the U.S. courts to contract for the
care of addicted or drug dependent of-
fenders. Today, I am offering a techni-
cal amendment to this section which
simply adds "subject to appropria-
tion."
The Budget Committee advises us
that this amendment is necessary in
order to avoid a conflict with section
401 of the Congressional Budget Act
of 1974.
Mr. President, I move adoption of
the amendment.
The PRESIDING OFFICER. Is
there further debate on the amend-
ment? If not, the question is on agree-
ing to the amendment.
The amendment (No. 1795) was
agreed to.
Mr. METZENBAUM. Mr. President,
would the chairman of the committee
yield for a number of questions?
S 4467
Mr. THURMOND. I would be
pleased to yield.
Mr. METZENBAUM. S. 1236, as the
Judiciary Committee reported it, does
not include several changes proposed
by the Department of Justice in S.
1236 as introduced. Now, It is my un-
derstanding the the committee intends
to revisit these proposals. Its failure to
adopt certain proposals should not
necessarily be read as a rejection of
those proposals. The committee
simply has postponed consideration of
them. Am I correct?
Mr. THURMOND. The Senator is
correct.
Mr. METZENBAUM. As my col-
league is aware, among the proposals
not acted on was the proposal, in sec-
tion 37 of S. 1236 as introduced, to
amend section 235(b)(3) of the Sen-
tencing Reform Act. Section 235(b)(3),
as enacted addresses how the Parole
Commission should deal with individ-
uals who are slated to be in its juris-
diction 5 years after the new sentenc-
ing guidelines become effective. Sec-
tion 235(b)(3) says the Commission
must set release dates for each such
person within the range of the appli-
cable parole guideline.
The Sentencing Reform Act was in-
tended to respond to the lack of
predictability and the disparity of
treatment that went with the parole
system and the Parole Commission's
decisionniaking. The Sentencing
Reform Act limits the Commission's
discretion before putting It out of busi-
ness entirely.
As the statement accompanying the
introduction of S. 1236 explained, sec-
tion 37 was intended to let the Com-
mission apply Its guidelines with the
discretion to go above or below them.
Indeed, the explanation stated that
under the current section 235(b)(3)
"All release dates must be within the
applicable guideline ranges" but this
would not be the case if section 37
were adopted.
Is that the Senator's understanding
of the proposed change?
Mr. THURMOND. Yes it is, howev-
er, I want to add that section 235(b)(3)
as enacted provides an unjustified
windfall to some of the most danger-
ous prisoners. The prisoners to whom
this provision applies will be those
who are serving the longest terms.
This is the group most likely to have
aggravating case factors, warranting
decisions above the applicable parole
guideline range.
On the other hand, 235(b)(3) doesn't
allow setting a release date below the
guideline range in any circumstances.
Section 235(b), as enacted, estab-
lishes an absolute cut off of the ad-
ministrative parole determination
function. By contrast, under section 37
of S. 1236, as introduced, release dates
and conditions of release are set by
the Parole Commision and may be ad-
justed by the Bureau of Prisons after
the demise of the Commission with
the possibility that release could be ul-
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
S 4468
CONGRESSIONAL RECORD - SENATE April 17, 1986
timately set at an earlier date than
the date set under section 235(b)(3), as
enacted.
Mr. METZENBAUM. I disagree with
your evaluation of this section. The
Parole Commission guidelines already
provide sufficient flexibility to address
different degrees of seriousness in
criminal offenses. The intent of this
section is to reduce arbitrariness and
inequities in setting release dates.
However, I do not want to imply
that the committee has expressed a
view on that proposal. I just want to
be clear as to the issue the committee
has decided to defer.
Under the Comprehensive Crime
Control Act of 1984, the Parole Com-
mission is required to set a "release
date for an individual who will be in
its jurisdiction the day before the ex-
piration of 5 years after the effective
date of this act that is within the
range that applies to the prisoner
under the applicable parole guide-
lines." This provision becomes effec-
tive on November 1, 1987. In addition,
the Senate report accompanying the
bill states that "the committee intends
that, in the final setting of release
dates under this provision, the Parole
Commission give the prisoner the ben-
efit of the applicable new sentencing
guideline if it is lower than the mini-
mum parole guideline."
Consequently, under current law,
the Commission must stay within the
guidelines for persons whose sentence
extends beyond November 1, 1992, and
who come before the Commission for a
release date after the Sentencing
Reform Act becomes effective on No-
vember 1. 1987. Consideration of
amending this provision has been de-
ferred.
Mr. THURMOND. Your statement
of the committee's decision is correct.
Mr. METZENBAUM. I thank the
chairman.
Mr. THURMOND. Mr. President, I
now move adoption of the committee
amendment in the nature of a substi-
tute as amended.
The PRESIDING OFFICER. With-
out objection, the committee amend-
ment in the nature of a substitute, as
amended, is agreed to.
Mr. BUMPERS. Mr. President, I
would like to commend the Judiciary
Committee for reporting S. 1236,
which would make several important
technical amendments to provisions
enacted by the Comprehensive Crime
Control Act of 1984. The Judiciary
Committee and the Justice Depart-
ment have worked diligently to
produce this legislation and as a
strong supporter of the Comprehen-
sive Crime Control Act, I am glad to
support the amendments in S. 1236.
The Comprehensive Crime Control
Act of 1984 was the product of long de-
liberation and effort by all three
branches of Government, going back
to the days when Senator John
McClellan served as chairman of the
Judiciary Committee. As finally
passed, it included two tough provi-
sions relating to bail reform and mini-
mum mandatory sentencing for fire-
arm crimes which I had sponsored in
the Senate. In 1981 I introduced S.
494, which created a minimum 5-year
sentence for the use of a firearm
during the commission of a felonious
Federal offense, to be imposed in addi-
tion to the penalty for the underlying
felony. This bill increased the mimi-
mum penalty for first offenders from
2 to 5 years, and increased from 2 to 10
years the penalty for second and sub-
secquent offenders. The bill also made
such offenders ineligible for parole
until that minimum sentence was
served. It was a tough proposal. I am
glad to say that language almost iden-
tical to S. 494 was included in the
President's crime package 2 years later
and eventually became part of Public
Law 98-473, the Comprehensive Crime
Control Act of 1984.
I also introduced in the Bail Reform
Act Amendments of 1981, S. 482,
which required judges making bail de-
terminations to keep in jail until trial
those persons who could not be re-
leased without endangering the safety
of other citizens. Bail reform was long
overdue. Reforms strikingly similar to
mine were recommended in 1981 by
Chief Justice Burger and were also in-
cluded in the 1984 act, now codified in
18 U.S.C. 3142.
Last December, I wrote Attorney
General Meese to inquire into the ef-
fectiveness and utilization of the bail
and firearms provisions of the 1984
act. In his response, Assistant Attor-
ney General Bolton explained that the
Department of Justice believes the
bail provisions are proving to be a very
effective tool of Federal law enforce-
ment and are already working to keep
many dangerous defendants off the
streets while awaiting trial. In regard
to the firearms provisions, Assistant
Attorney General Bolton told me that
they would become an effective law
enforcement tool. He said, however,
that legislation was needed if the mini-
mum mandatory penalty for firearms
crimes was to be made applicable to
felonies involving the sale and distri-
bution of narcotics. A group of Federal
court decisions handed down in 1985,
ending with United States v. Diaz, No.
85-1276, slip op. (2d Cir. Nov. 21, 1985),
has made it apparent that the courts
will not rule that felonies involving
the sale and distribution of narcotics
are to be covered by this provision
unless Congress amends it to include
narcotics offenses. The court in Diaz
pointed out that criminals involved in
drug trafficking may often carry or
use firearms during the commission of
drug-related felonies, and the current
language of the provision does not
apply to that type of felony. Mr. Presi-
dent, I ask unanimous consent that
U.S. DEPARTMENT OF JUSTICE,
Washington, DC, February 24, 1986.
Hon. DALE BUMPERS,
U.S. Senate,
Washington, DC
DEAR SENATOR BUMPERS: This letter is in
response to your letter of December 20, 1985
to the Attorney General asking several
questions about the utilization and effica-
ciousness of one of the bail provisions (18
U.S.C. 13142), and one of the firearms pro-
visions (18 U.S.C. 1924(c)) of the Compre-
hensive Crime Control Act of 1984. For the
reasons stated below, the Department of
Justice unequivocally believes that 13142
and ? 924(c) constitute sound public policy.
Since its enactment in October 1984,
United States Attorneys have regularly uti-
lized 13142. As of January 10, 1986 Criminal
Division statistics ' show that 2,146 pretrial
detention hearings have been held pursuant
to 13142. In 1,739 instances the courts or-
dered pretrial detention. In 1,303 of these
instances the dangerousness of the defend-
ant to others was an important consider-
ation in the decision to order pretrial deten-
tion. These figures clearly indicate that
? 3142 is regularly being utilized, and is
proving to be an efficacious tool of federal
criminal law enforcement. To the extent
? 3142 denies pretrial release to those de-
fendants who constitute a danger to others,
the Department of Justice believes 13142
will have a significant impact on criminal
activity in that it will keep large numbers of
judicially-determined dangerous defendants
off the streets while they are awaiting trial
on serious criminal charges.
With respect to ? 924(c), it appears that
United States Attorneys have been regular-
ly utilizing this provision since its passage.
While the Criminal Division has no statis-
tics on the frequency of use of ? 924(c), the
Criminal Division has received numerous
telephone calls from United States Attor-
neys seeking advice on whether to use
? 924(c) in given fact situations. While it is
too early to determine the efficacy of
? 924(c), the Department of Justice has
every reason to believe that ? 924(c) will
have a significant impact on criminal activi-
ty because it provides for longer periods of
incarceration for those who use a firearm
during the commission of a crime of vio-
lence. One problem that has arisen with re-
spect to ? 924(c) is that several district
courts, and one court of appeals, have held
that ? 924(c) was not intended to apply to
narcotics offenses. See United States v.
Diaz, No. 85-1276, slip op. (2d Cir. Nov. 21,
1985). In Diaz the court of appeals stated
that "narcotics offenses do not constitute
crime of violence within the meaning of
? 924(c). If felonies involving the sale and
distribution of narcotics are to be deemed
crimes of violence for the purpose of Sec-
tion 924(c), we believe that this should be
done by Congress amending the Compre-
hensive Crime Control Act of 1984." Id. at
367. The Department of Justice has asked
the Congress to amend ? 924(c) so as to
make it applicable to the sale and distribu-
tion of narcotics.
We trust this reply addresses the concerns
raised in your letter.
Sincerely,
JOHN R. BOLTON,
Assistant Attorney General, Office of
Legislative and Intergovernmental Af-
fairs.
office be included in the RECORD.
There being no objection, the letter
was ordered to be printed in the
RECORD, as follows:
' The Criminal Division's statistics on pretrial de-
tention hearings and pretrial detention orders are
derived from figures sent to the Criminal Division
by United States Attorneys. A copy of the Criminal
Division's compilation of these figures is attached.
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986
CONGRESSIONAL RECORD - SENATE S 4469
PRETRIAL DETENTION HEARING REPORTS
Basis for rulings Reviews (by government) Reviews (by defense)
resells results
govern em Court Granted Denied Flight Dangerous Both Detained Not detained Released Not released
Alabama, Northern_..__ . ....... ........ _..... .... ........... ............... ......... ........................ 5 0 5 0 0 5 0 0 0 0 0
Alabama, Middle ........................................... 0 0 0 0 0 0 0 0 0 0 0
Alabama, Southern__ .__............ ..... _.. ................ ..................... ........... .............. 19 0 15 4 13 2 0 3 0 0 0
Alaska .....__ ..................._.. .,......_ ...._._................_......._................................. 2 0 2 0 0 0 2 0 0 0 0
Arizona ...... .... ...... . ........................._....._..... ..............
Arkansas, Eastern __ ..............._.........,......... ................................................... 6 1 6 1 4 0 2 0 0 0 0
Arkansas Western ....... .............. _........ .............. ........ I 0 1 0 0 0 1 0 0 0 0
California, Northern..._ ............_.........___.........._.........__........................_._............. 51 0 33 18 19 4 10 0 0 l 1
Cahtornia, Eastern .............. ............. ........................__........_..........................._...... ......,.............._.............................................. ........ ..._.............. ............... ................... ................... ........... ...... .................
Celdorma,Central_.____..___......_.__....._......... .__._..._ 40 2 28 14 12 10 6 3 0 0 0
California, Soutttern...... ...................__.._..........__............................................... 10 1 9 2 5 0 4 0 0 0 0
Colorado..__..........._...__ __.........._..._._._._..........,.................... 5 1 4 2 1 0 3 0 0 0 0
Conrcecticut ...... ..... ...... ..... ............ ........ .......... .._ ......................
Delaware. __.. ............. _......._..._................................................................... 5 6 0 2 2 2 0 0 1 1
District of Colombla......_._ ..................__.........__.._......... ............................................................................................._.................................
Florida. Northern....._....._..-...._........._._................. ..................... _..................... 12 0 10 2 8 0 0
Florida, Scuthem...._...__-.-.._............. ............-...._._........................._.................. 6
Georgia. Northern ............. ....................................... ......... .............. ............................ 12
Georgia, Middle ................................................ .................. .................................. ... 0
Georgia. Southern ......__ ..............._............__.........................-................................ 0
2 4 0 1
12 0 2 4 6
0 0 0 0 0
0 0 0 0 0
0 0 0 0
3 0 0 0
0 0 0 0
0 0 0 0
Guam .... ..... _...........
Hawaii ..._......._....... __ ......- ......... ...... -.......... ............ .............. ....................... 8 0 7 1 2 0 5 0 0 0
who ............ ............ ..... ......... ............. ......_........................................ ........................ . 2 0 1 I 0 0 0 0 0
Illinric Northern
Illinois, Southern .......................................................................................................... 5 0 4 2
Indiana, Northern.._....... ............................. ......................_......................................... 8 0 8 0 4 3
Indiana, Southern ....................................................................................................... 5 0 4 0 3
Iowa, Northern ............................................................................................................ 0 0 0 0 0 0 0
Iowa, Southern.. ..........._.....-._................_........._.........._........................................ 1 0 0 0 0
Kansas........... _ ......................................................................................................... 6 0 6 0 0 5
Kentucky. Eastern ......................................................................................................... 2 0 0 0
Kentucky, Western......... ..... ._..... _........ ............._................................................... 15 0 12 3 3 8
Louisiana, Eastern_... __...__..... ............................................................................. 36 0 35 28 2 5
Louisiana, MAdle ..................__......... ......... ............. _................. ...... ._...._......... 4 0 2 2 0
loui'aana, Western.......... ......... ......................_......_._................._........................ 5 0 5 0 4 0 1
Mame _......... .........._._.............................................................................................. 3 0 2 2 0 0
Maryland _...._........_ .............. .............. ... ............. ............................ .. ............ ......_....._...................... -............... ................. .._............................. .................................. .................................... _......... ..
Massachusetts .............. .......... ......................... ._.......... ................ ............. ............. 19 0 11 2 7 0 10 0 0 0 1
Michigan, Eastern ....._............_ ....................... ................................ ........................... 26 5 22 9 3 15 4 0 2 0 7
.........................._...._.....
Minnesota .................................................................................................................... 0 ...............0....................o.....................0...............,....0....................o....................o....................0.....................0 0 0
Mississippi. Northern ................ _.- ............................................................................... 3 3 2 0 1 0 0 0 0
Mississippi, Southern. .... ...... ............... ............... ..........._....-................ .................... 3 0 2 0 0 2
Missouri, Eastern.-....._._ .......................................................................................... 30 23 8 9 3 11
Missouri, Western ....... ...................... ............................... ............................... ........... 13 0 10 3 5 0 5
Montana ....................................................................................................................... 0 0 0 0 0 0 0
Nebraska ........ ....._._....... ...... ............. ........................... ..................................... ..... 1 0 0 1 0 0 0
Nevada .................................................................... ..........................................................................................................................................................................................................................................................................................................
New Hampshire ........... ................. ........ ........................... ............................................................................................................ ........... ............................... ..................................................... ................. _...............................................................................
New Jersey _... _.......-_ .............. ...... ........................ .......................... ............... 32 0 23 9 13 0 10 2 2 2 2
New Meaico ... .............._........................................................................................................................................_........................................._...............................................................................................................................................................
New York, Northern ...._..__.. 3 0 2 1 0 1 1 0 0 0 0
..................... .................. ................... ........... .............
....._...
New York, Southern........ ...... .............. .......................................................-.. ................ .............. _ ........ ....... ...... ........_ .... _.........._........... ......................................................... .......... .................... ...................................................
..............................
New York, Eastern ........_.....__.... ....................................... ............
New York, Western ...........................................................................................................................................................................................................................................................................................................................................................................
North Carolina, Eastern ._........ ..- ............. ................... _.......... ................. ................. ............... .............. ............. ................... .................... ........................................... ........................... ........................................................................................... ...............
North Carolina. Middle .._......_....._......... ................._....................................... 10 0 10 0 9 1 0 2 1 0 0
North Carolina, Western ................................................ ............................................. 1 0 3 4 2 1 0 0 0 0 0
North Dakota _.................... ............__......................................................................... 4 1 1 4 I 0 0 0 0 0 0
Ohio, Northern .................. ...._......... .......... ............................................................................................... ..................... ..
..... .....................................................................................................................................................................................................
Ohio, Southern _......... ......... ............._.. ..................................................... 7 0 5 2 4 1 0 0 0 0 0
......
Oklahoma, Northern ........................_____...._.............. _..._.......... ....... .._................................... ............ ..... ...... .......... _................ ........ .................... ............................................................................................. ....... ....................... ...........................
Oklahoma, Eastern _........ ........ .__.._...... .............................................................. 4 0 1 3 0 0 1 0 0 0 0
Oklahoma, Western .... ........ ........ ................ ............................................................. 18 0 to 8 0 0 10 0 0 0 0
O;egon_ ........... ............... .... ........ .... .................................................................... 10 1 1 0 4 3 4 0 0 0 0
Pennsylvania, Fastern__......_ ............... .... ............................... ....... ........... ............. 11 0 9 2 3 0 6 1 1 0 0
Pennsylvania Middle .................. .........._........_........ .._........... ....................... 1 0 0 1 0 0 0 0 0 0 0
Peno:rvania. Western ............ ............................. ............. ....................... ................... 23 0 17 6 0 11 6 0 0 0 1
Fuer'..; Nip ... ....__............ .... _..... ..... .....................................
:41d........._ ................... ..... ................................................... 6 0 6 0 5 0 0 0 0 5
So;'th Carr.',a ...................................... 10 0 10 0 3 2 5 0 0 0 0
Sr th [i, kola 4 0 4 0 3 0 0 0 0
................................................................................................
Tcanessen Eastern _ ....................................................................................... 3 0 3 0 3 0 0 0 0 0 0
Iec unisex, Micule ........ ............ ..................._.................................................. R 0 7 1 3 3 0 0 0 0
teoessee, Western _._.__.._........_..__ ..................... ..................... .......... ....._... 1 0 0 0 0 0 0 0 0
leaas, Northern, .._..__. ................ .......... .-............ ...........__..... ........ ................ 10 3 8 3 0 0 0 0 0 0
Texas, Southern ............. _....... . ........... .............. ........ ...... ............ .....
Texas, Faslern .............. .............................................................................._.......... 0 0 0 0 0 0 0 0 0 0 0
Texas Wetern _._..... .......................................................................................... 32 0 32 0 12 1 19 0 0 0 0
D'ah ..._-.... .......
..... .............
. ..... ........................................................ ............
Ve?rront_._. _.
Vir;'n Isim1s _._.__... _.._
._ ..... _....._ _
_.._-.... .... .....__....
.............. ......
__ ...................................................
2
'Virguaa, Eastern
... .........
... ............ .............
Virginia. Westc'n .
.........................................................................................
5
Wr,hinpton Eastern
. ......... ............. _..._.......... .................. ........................... ...
14
Washington, Western ..
.............. .-............
............... ....................... ............... .
30
............ .............. .......... ............ ............................................... ............ ..............................................
.. ............................................... ............ ............. .......
0 It 1 0 0 1 1 1 1 1
0 3 2 1 2 0 0 0 0 0
0 13 I 8 0 5 0 0 0 0
0 25 5 15 5 5 0 0 0 0
West Virginia, Northern ........ ......... ................... .... . ...... ............... ....... ..
.......... __
.............
West Virginia, Southern ......... _....... .... _ ............... ................... ..................... ..............
1
0 I
WSsconsin. Eastern ...... _ ......................................._.................................................
1
0 1
Wisconsin, Western.,..._ __........... ..................._............._._..........._ .............._....
I
0 1
Wyoming _..... ...... ..................._...................._............_............_.............................
2
0 2
OCRS, Criminal division .................... ...... ............. ........ ..... ....................................
4
0 4
Totals ............ ..... ...... ........ .......... ............................ ...................... .............
667
16 535
0 0 0 1 0 0 0 ...................
0 0 0 1 0 0 0 0
0 0 1 0 0 0 0 0
0 0 0 2 0 0 0 2
0 0 0 4 0 0 6 0
148 230 100 205 19 12 24 48
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
S 4470
CONGRESSIONAL RECORD - SENATE April 17, 1986
PRETRIAL DETENTION HEARING REPORTS
[Cumulatbe Fiscal Year 1986 by month)
Initial motions by Results Basis for rulings Reviews by Government Reviews (by defense)
result result
October 1985, __ .......................................................... ................ .................._..... 188 5 154 39 64
No
b
1985
24
66
5
2
2 1
vem
er
............................................................................................... 310 1 242 15 105
December 1985
45
92
/
5
17 21
........................................................................................................... 169 4 139 34 61
31
41
7
5
5 20
January 1986 .................................... ......................__........_..._ _
......................... ........_............. ........................ ....
.
_
.
_.
.............. ......................................................
februarv 1986..
March 1986 .............
................................................................................._...............................................................................................................................................................................................................
0 1986 .................................... ...................... ...... ......... ..............................................._.
................................................................................................................................................................................................................... .
ay 8986._.......... .........._ ..................................................... .........._._............... ........._........................................
........................................................_......................................................._.............................................-........___..............................,_..._.
June 1986 ..........................................................................................................................................................................................................._.........................._..................._....__.............................................................
July 1986 .................... -_. ............................................._.......................,....................................... ..........................................._......._......................................................_..............,....... ......................._................_............................................:..............
August 1986 ............................... .................................._. ........__...... .......................,......................................................._.............................................................._...._..............._............. ........ ...... ..._.......
Septembe 1986............ ...............................__._.._..... .._............._.................._............_...................................................................._.................._............................................................................................. __.................
............
-- - --------
Total _ ................_..........................._.._......._......,.._............._................ 661 16 535 148 230 100 205 19 12 24 48
Mr. BUMPERS. Let me say, howev-
er, that I disagree with the court's fail-
ure to apply the minimum mandatory
penalties of the 1984 act to narcotics
offenses. As one of the chief sponsors
of the 1984 minimum penalty provi-
sions, I certainly intended that they
apply to such offenses. In the event,
because of adverse court opinions, con-
gressional intent needs to be clarifed,
and I had drafted legislation of my
own to do so. I am very pleased to see
that Senator THURMOND has included
such an amendment in the bill we are
passing today and also has made sever-
al necessary changes in the bail provi-
sions.
I have long been an advocate of
tough bail provisions which act to
keep dangerous criminals off the
streets, and minimum sentencing for
drug-related crimes committed with a
firearm appears to me to be absolutely
necessary. I believe that there is not
enough we can do in our efforts to
deter violent crime and drug crime in
this country. According to 1984 statis-
tics, one violent crime occurs every 25
seconds in the United States. In Ar-
kansas, violent crime including homi-
cide, rape, robbery, and aggravated as-
sault increased by 9 percent from 1984
to 1985. As the court in Diaz recog-
nized, traffic in drugs is often accom-
panied by violence. Illicit drug use is
spreading to persons of all walks of
life and is victimizing children of all
ages. I hope that applying, a stiffer
penalty to drug dealers who use fire-
arms will establish a more effective de-
terrent to drug trafficking and bring
us closer to a safe and civilized society
for our children and future genera-
tions. I urge the immediate adoption
of this legislation.
The PRESIDING OFFICER. The
bill is before the Senate and open to
further amendment. If there be no
further amendment to be proposed,
the question is on the engrossment
and third reading of the bill.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
The PRESIDING OFFICER. The
bill having been read the third time,
the question is, Shall it pass?
So the bill (S. 1236), as amended,
was passed as follows:
S. 1236
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
BAIL (CHAPTER I)
SECTION 1. (a) Subparagraph (D) of sec-
tioin 3142(1)(1) of title 18 of the United
States Code is amended by-
(1) striking out the words "any felony
committed after the person had been con-
victed of two or more prior offenses" and in-
serting in lieu thereof "any felony if the
person has been convicted of two or more of-
fenses'; and
(2) inserting before the semicolon "; or a
combination of such offenses".
(b) Subparagrph (A) of section 3142(1)(2)
of title 18 of the United States Code is
amended by inserting the word "or" after
the semicolon.
(c) Subsection (f) of section 3142 of title 18
of the United States Code is amended by
adding at the end thereof the following: "The
hearing may be reopened, before or after a
determination by the judicial officer, at any
time prior to trial if the judicial officer
finds that information exists that was not
known to the movant at the time of the hear-
ing and that has a material bearing on the
issue whether there are conditions of release
that will reasonably assure the appearance
of the person as required and the safety of
any other person and the community.":
OTHER SENTENCING AMENDMENTS
SEC. 2. (a) Section 4216 of title 18 of the
United States Code is repealed.
(b) The item relating to section 4216 in the
sectional analysis of chapter 311 of title 18
of the United States Code is amended to
read as follows:
"4216. Repealed."
SEc. 3. Section 992 of title 28 of the United
States Code is amended-
(1) in subsection (c) by striking out "sec-
tion 2251a)(1)(B)(ii) of the Sentencing
Reform Act of 1983" and inserting in lieu
thereof "section 235(a)(1)(B)(ii) of the Sen-
tencing Reform Act of 1984';? and
(2) by adding at the end thereof the follow-
ing new subsection-'
"(d) The provisions of sections 44(c) and
134(b) of this title, regarding the residence
of judges, shall not apply to any judge hold-
ing a full-time position on the Commission
pursuant to subsection (c) of this section.":
SEc. 4. Section 994 of title 28 of the United
States Code is amended-
(1) in subsection (a)(2) by-
(A) redesignating subparagraphs (DI and
(E) as subparagraphs (E) and (F), respec-
tively;
(B) amending subparagraph (C) to read as
follows:
"(C) the sentence modification provisions
set forth in sections 3563(c), 3564, 3573,
3582(c), and 3583(e) of title and
(C) adding after subparagraph (C) the fol-
lowing new subparagraph-'
"(D) the fine imposition provision set
forth in section 3572 of title 18;";
(2) in subsection (a)(3) by making it read
as follows:
"(3) guidelines or general policy state-
ments regarding the appropriate use of the
provisions for revocation of probation and
supervised release set forth in sections 3656
and 3583(e) of title 18, and the provisions
for modification of the term or conditions of
probation and supervised release set forth in
sections 3563(c), 3564, and 3583(e) of-title
(3) in subsecton (b) by-
(A) inserting "(1)" after "(b) "; and
(B) designating the second sentence as
paragraph (2) and inserting before the
period in such paragraph (2) the following:
"except that-
"(A) if the maximum term of the range is
life imprisonment, the minimum shall not
be less than 25 years imprisonment; or
"(B) if the maximum term of the range is
one year or less, the maximum shall not
exceed the minimum of that range by more
than 50 per centum or 60 days, whichever is
greater. ";
(4) in subsection (hi by striking out "by
section 3581(b) of title 18, United States
Code, and
(5) in subsection (t) by inserting the words
"in what circumstances and" after the word
"specify" and by deleting the words "that
are outside the applicable guideline ranges":
SEC. S. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended-
(1) in subsection (b) of section 3552 of title
18 of the United States Code by striking out
the word "take" in the third sentence and
inserting in lieu thereof the word "be"
(2) in subsection (bl of section 3552 of title
18 of the United States Code by inserting the
words ", if the defendant is in custody,"
after the words "the United States Marshal
shall" in the eighth sentence; and
(3) in subsection (c) of section 3552 of title
18 of the. United States Code by striking out
"4247" and inserting in lieu thereof "4244"
SEc. 6. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended-
(1) in subsection (al of section 3553 of title
18 of the United States Code by striking out
the words "of this subsection" in the first
sentence; and
(2) in subsection (b) of section 3553 of title
18 of the United States Code by adding the
following sentence at the end thereof., "In
the absence of an applicable sentencing
guideline, the court shall impose an appro-
priate sentence, having due regard for its re-
lationship to sentences prescribed by guide-
lines applicable to similar offenses and of-
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986 CONGRESSIONAL RECORD - SENATE
fenders and the purposes of sentencing set
forth in subsection (a)(2). ".
SEC. 7. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in subsection (c) of section 3553 of
title 18 of the United States Code by insert-
ing "or if it includes an order of only partial
restitution," after "If the sentence does not
include an order of restitution, ".
SEC. 8. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in subsection (a) of section 3561 of
title 18 of the United States Code by striking
out the second sentence.
SEC. 9. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in paragraph (11) of section
3563(b) of title 18 of the United States Code
by striking out "in section 3581(b)".
SFC. 10. (a) Subsection (a) of section 212 of
the Comprehensive Crime Control Act of
1984 is amended in subsection (c) of section
3563 of title 18 of the United States Code
by-
(1) striking out the phrase ", after a hear-
ing,": and
/2) inserting the phrase "the provisions of
Rule 32.1 of the Federal Rules of Criminal
Procedure and" after the words "pursuant
to".
(b) Subdivision (b) of Rule 32.1 of the Fed-
eral Rules of Criminal Procedure is amend-
ed by-
(1) inserting the words "to be" after the
word "relief"; and
(2) striking out the period at the end and
inserting in lieu thereof ", and the attorney
for the government, after having been given
notice of the proposed relief and a reasona-
ble opportunity to object, has not objected." *
Si.c. 11. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in subsection (b) of section 3564 of
title 18 of the United States Code by striking
out the second sentence and inserting in lieu
thereof the following.' "A terns of probation
runs concurrently with any F.'deral, State,
or local term of probation, supervised re-
leose, or parole for another offense to which
the defendant is subject or becomes subject
during the term of probation. A term of pro-
bation does not run while the defendant is
in prisoned in connection with a conviction
for a Federal, State, or local crime unless the
imprisourlkent is for a period of less than
thirty consecutive days. ".
SEc. 12. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in subsection (f) of section 3603 of
title 18 of the United. States Code by striking
out the word "supervise" and inserting in
lieu thereof "assist in the supervision of,"
and by inserting a comma after the word
'about".
SFC. 13. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in subsection (b) of section 3624 of
title 18 of the United States Code by striking
out "beginning after the first year of the
term" in the first sentence and inserting in
"ieu thereof "beginning at the end of the first
Year of the term".
Sn'c. 14, Subscction (a) of sect ion 212 of the
Cornprehensirr Crime Control Act of 1984 is
arni'n.ded in subsection (e) of section 3624 of
title 18 of the United States Code by striking
out the third sentence and inserting in lieu
thereof the following: "The term runs con-
currently with any Federal, State, or local
horn of probation, supervised release, or
'arole for another offenso to which the
person is subject or becomes subject during
;ie term of supervised release. A term of su-
r.iervised release does not run while the
-erson is imprisoned in connection with a
onviction for a Federal, State, or local
,rime unless the imprisonment is for a
period of less than thirty consecutive days.".
Sec. 15. Subsection (a) of section 212 of the
Comprehensive Crime Control Act of 1984 is
amended in section 3663 (formerly section
3579) of title 18 of the United States Code
by-
(1) striking out "or in lieu of" in subsec-
tion (a)(1); and
(2) striking out "sections 3812 and 3813"
in subsection (h) and inserting in lieu there-
of "sections 3612 and 3613".
SEC. 16. Subsection (a) of section 212 of the
Comprehensive Crime Control Act o11984 is
amended in section 3672 (formerly section
3656) of title 18 of the United States Code by
adding at the end thereof.,
"He shall have the authority to contract,
subject to appropriations, with any appro-
priate public or private agency or person for
the detection of and care in the community
of an offender who is an addict or a drug-de-
pendent person within the meaning of sec-
tion 2 of the Public Health Service Act (42
U.S.C. 201). This authority shall include, but
not be limited to, providing equipment and
supplies; testing; medical, educational,
social, psychological, and vocational serv-
ices; corrective and preventive guidance and
training; and other rehabilitative services
designed to protect the public and benefit
the addict by eliminating his dependence on
addicting drugs, or by controlling his de-
pendence and his susceptibility to addic-
tion. He may negotiate and award such con-
tracts without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5).
"He shall pay for presentence studies and
reports by qualified consultants and presen-
tence examinations and reports by psychiat-
ric or psychological examiners ordered by
the court under section 3552 (b) or (c) except
for studies conducted by the Bureau of Pris-
ons. ".
SEC. 16A. Section 213 of the Comprehen-
sive Crime Control Act of 1984 is amended
in section 3742 of title 18, United States
Code-
(1) in subsections (a)(2), (b)(2), (d)(2), and
(e)(1) by striking out "an incorrect" and in-
serting in lieu thereof "a clearly erroneous
construction or"; and
(2) in subsection (e) by-
(A) striking out subparagraph (B) of para-
graph (1) and inserting in lieu thereof the
following:
"(B) designate the appropriate guideline
category and remand the case for imposi-
tion of a sentence consistent with its deci-
sion;"; and
(B) striking out subparagraphs (A) and
(B) of paragraph (2) and inserting in lieu
thereof the following:
"(A) if it determines that the sentence is
too high and the appeal has been filed under
subsection (a), it shall set aside the sentence
and remand the case for imposition of a sen-
tence consistent with its decision;
"(B) if it determines that the sentence is
too low and the appeal has been filed under
subsection (b), it shall set aside the sentence
and remand the case for imposition of a sen-
tence consistent with its decision; or".
SEC. 17. Section 211 of the Comprehensive
Crime Control Act of 1984 is amended-
(1) in subsection (a) of section 5037 of title
18 of the United States Code by striking out
"(c)"and inserting in lieu thereof "(d)"
(2) in subparagraph (B) of section
5037(c)(1) of title 18 of the United States
Code by striking out "by section 3581(b)";
(3) in subparagraph (B) of section
5037(e)(2) of title 18 of the United States
Code by striking out "by section 3581(b)";
and
(4) in subsection (c) of section 5037 of title
18 of the United States Code by adding the
following new paragraph at the end thereof.,
S 4471
"The provisions of section 3624 are appli-
cable to an order placing a juvenile under
detention. ".
SEC. 18. Section 215(a)(5) of the Compre-
hensive Crime Control Act o11984 is amend-
ed in subdivision (c)(2)(B) of Rule 32 of the
Federal Rules of Criminal Procedure by
striking out the word "than" and inserting
in lieu thereof the word 'from".
SEC. 19. Section 215(f) of the Comprehen-
sive Crime Control Act of 1984 is amended
in Rule 6 of the Federal Rules of Criminal
Procedure by-
(1) striking out the word "or" in subdivi-
sion (e)(3)(C)(ii); and
(2) striking out the period at the end of
subdivision (e)(3)(C)(iii) and inserting in,
lieu thereof "; or".
SEC. 20. (a) Subsection (a) of section 224 of
the Comprehensive Crime Control Act of
1984 is amended-
(1) in paragraph (1) to read, "in subsec-
tion (b)(1)(A), by deleting the sentence
which begins 'Any sentence imposing a term
of imprisonment under this paragraph;,';
(2) in paragraph (2) to read, "in subsec-
tion (b1(1)(B), by deleting the sentence
which begins 'Any sentence imposing a term
of imprisonment under this paragraph;';
(3) by inserting the following new para-
graph after paragraph (2):
"(3) in subsection (b)(1)(C), by deleting the
sentence which begins 'Any sentence impos-
ing a term of imprisonment under this para-
graph
(4) by adding the word "and" at the end of
paragraph (4);
(5) by deleting paragraph (5); and
(6) by redesignating paragraphs (3) and
(4) as (4) and (5), respectively.
(b) Section 224 of the Comprehensive
Crime Control Act of 1984 is amended by re-
designating subsection (c) as subsection (d)
and by inserting after subsection (b) the fol-
lowing:
"(c) Section 405A (21 U.S.C. 845A) is
amended-
"(1) in subsection (a) by deleting '(1)' after
the word punishable, and by deleting the
semicolon and all that follows and inserting
in lieu thereof a period;
"(2) in subsection (b) by deleting '(1)' after
the word 'punishable', and by deleting 'and
(2) at least three times any special parole
term' and all that follows and by inserting
in lieu thereof a period,' and
"(3) in subsection (c) by deleting the
second sentence. ".
SEC. 21. Subsection (a) of section 225 of the
Comprehensive Crime Control Act of 1984 is
amended-
(1) in paragraph (1) to read, "in subsec-
tion (b)(1), by deleting the sentence which
begins 'If a sentence under this paragraph
provides for imprisonment;'';
(2) in paragraph (2) to read, "in subsec-
tion (b)(2), by deleting the sentence which
begins 'If a sentence under this paragraph
provides for imprisonment;';
(3) by redesignating paragraph (3) as (4);
and
(4) by inserting the following new para-
graph after paragraph (2):
"(3) in subsection (b)(3), by deleting the
sentence which begins 'If a sentence under
this paragraph provides for imprisonment';
and':
SEC. 22. Subsection (a) of section 232 of the
Comprehensive Crime Control Act of 1984 is
amended by-
(1) striking out the word "and" the second
time it appears and inserting in lieu thereof
a comma; and
(21 inserting before the period ", and 'and
who are not sentenced to treatment under
the Narcotic Addict Rehabilitation Act of
1966";
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
CONGRESSIONAL RECORD - SENATE
Si. (a) Section 235(a)(1)(B)Ii) of the
..emprdiensive Crime Control Act of 1984 is
amended by striking out "eighteen" and in-
serting "thirty" in lieu thereof
IN Tecrwrc.L AMXNDMex1:-Section
235(a)(1)(B)(i) of the Comprehensive Crime
Control Act of 1984 is amended by striking
out "to section" and inserting "under sec-
tion " in lieu thereof.
(c) Section 994(q) of title 28, United States
Code, is amended by striking out "within
three years" and all that follows through
"Act of 1983" and inserting in lieu thereof
"not later than one year after the initial set
of sentencing guidelines promulgated under
subsection (a) goes into effect."
(d) Section 235(a)(1) of the Comprehensive
Crime Control Act of 1984 is amended by
striking out "twenty-four" and inserting
"thirty-six" in lieu thereof.
FORFEITURE (CHAPTERS III AND XXIII)
Sec. 24. Section 1963 of title 18 of the
United States Code is amended-
(1) in subsection (c) by striking out "(m)"
and inserting in lieu thereof "a)?''
I2) in subsection (j) by striking out "(m)"
and inserting in lieu thereof "fl)",' and
(3) by redesignating subsections (e), (f),
(9), (h), Iii, (5), (k), (11, and (m), as subsec-
tions (d), (e), (f), (g), (h), (i), (j), tk), and (1),
respectively.
Sec. 25. Section 608 of the Tariff Act of
1930 119 U.S.C. 1608) is amended in the sen-
tence beginning "Upon the filing", by strik-
ing out "$2,500" and inserting in lieu there-
of 'Y5, 000'
Sec. 26. (a) Subsection (c) of section 616 of
the Tariff Act of 1930 (19 U.S.C. 1616(c)) as
enacted by Public Law 98-573 is amended by
inserting "any other Federal agency or to"
after 'Property forfeited under this Act to".
(b) Section 616 of the Tariff Act of 1930 (19
U.S.C. 1616) as enacted by Public Law 98-
473 is repealed
Sec. 27. Section 413 of title II of the Com-
prehensive Drug Abuse Prevention and Con-
trol Act of 1970 (21 U.S.C. 853) is amended-
(1) in subsection (c) by striking out "(o)"
and inserting in lieu thereof "(n)",
121 in subsection (f) by striking out "sub-
section (f)" and inserting in lieu thereof
"subsection (e)';? and
(3) in subsection (k) by striking out "(o)"
and inserting in lieu thereof "(n)
Sec. 28. (a) Subsection (b) of section 511 of
the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 881(b)) is
amended-
(1) by striking out "or criminal" after
"Any property subject to civil';
(2) in paragraph (4) by striking out "or
criminal" after "is subject to civil"; and
(3) by adding the following at the end
thereof:
"The Government may request the issu-
ance of a warrant authorizing the seizure of
property subject to forfeiture under this sec-
tion in the same manner as provided for a
search warrant under the Federal Rules of
Criminal Procedure,".
(b) Subsection (i) of section 511 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 881(i)) is
amended by inserting ", or a violation of
State or local law that could have been
charged under this title or title III," after
"title III".
Sec. 29. (a) Subparagraph (E) of section
524(c)(1) of title 28 of the United States
Code is amended by inserting "the Federal
Bureau of Investigation, the United States
Marshals Service," after the words "for offi-
cial use by", and by inserting a comma
before the word "or".
(b) Paragraph (4) of section 524(c) of title
28 of the United States Code is amended by
striking out "remaining after the payment
of expenses for forfeiture and sale author-
ized by law" and inserting in lieu thereof ",
except all proceeds of forfeitures available
for use by the Secretary of the Treasury or
the Secretary of the Interior pursuant to sec-
tion 11(d) of the Endangered Species Act (16
U.S.C. 1540(d)) or section 6(d) of the Lacey
Act Amendments of 1981 (16 U.S.C.
3375(d))".
OFFENDERS WITH MENTAL DISEASE OR
DEFECT
(CHAPTER IV)
Sec. 30. Subdivision (c) of Rule 12.2 of the
Federal Rules of Criminal Procedure is
amended by inserting "4241 or" before
"4242".
DRUG ENFORCEMENT AMENDMENTS
(CHAPTER V)
Sec. 31. Paragraph (14) of section 102 of
the Controlled Substances Act (21 U.S.C.
802(14)) is amended in the second and third
sentences by striking out the word "the"
after the words "the term 'isomer' means"
and inserting in lieu thereof "any".
Sac. 32. Paragraph (4) of subsection (a) of
schedule II of the Controlled Substances Act
(21 U.S.C. 812) is amended to read as fol-
lows:
"(4) coca leaves, except coca leaves and ex-
tracts of coca leaves from which cocaine, ec-
gonine, and derivatives of ecgonine or their
salts have been removed; cocaine, its salts,
optical and geometric isomers, and salts of
isomers; ecgonine, its derivatives, their
salts, isomers, and salts of isomers,, or any
compound, mixture, or preparation which
contains any quantity of any of the sub-
stances referred to in this paragraph. ".
Sec. 33. (a) Subparagraph (A) of section
401(b)(1) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended-
(1) in clause Ii) to read as follows:
"(1)100 grams or more of a mixture or sub-
stance containing a detectable amount of a
narcotic drug in schedule I or II other than
a narcotic drug consisting of-
"(I) coca leaves, except coca leaves and ex-
tracts of coca leaves from which cocaine, ec-
gonine, and derivatives of ecgonine or their
salts have been removed,,
"(II) cocaine, its salts, optical and geomet-
ric isomers, and salts of isomers;
"(III) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
"(IV) any compound, mixture, or prepara-
tion which contains any quantity of any of
the substances referred to in subclauses (I)
through (III);';
(2) in clause (ii) by adding "a mixture or
substance containing a detectable amount
of"after "a kilogram or more of";
(3) in clause (iii) by adding "a mixture or
substance containing a detectable amount
of" after "500 grams or more of
(4) in clause (iv) by adding "a mixture or
substance containing a detectable amount
of" after "5 grams or more of ; and
(5) by adding at the end thereof, "Any sen-
tence imposing a term of imprisonment
under this paragraph shall, in the absence of
such a prior conviction, impose a special
parole term of at least 4 years in addition to
such term of imprisonment and shall, if
there was such a prior conviction, impose a
special parole term of at least 8 years in ad-
dition to such term of imprisonment ".
(b) Paragraph (5) of section 401(b) of the
Controlled Substances Act (21 U.S.C.
841(b)(5)) is amended by adding.the words
"the fines provided in" after the word "Not-
withstanding".
Sec. 34. Subsection (b) of section 405A of
the Controlled Substances Act (21 U.S.C.
845a(b)) is amended by inserting "parole"
after "(2) at least three times any special".
April 17, 1986
Sec. 35. Section 503(a) of the Controlled
Substances Act (21 U.S.C. 873(a)) is amend-
ed by-
(1) striking out "and" at the end of para-
graph (5);
(2) striking out the period at the end of
paragraph (6) and inserting in lieu thereof
and"; and
(3) adding at the end thereof the following:
"(7) notwithstanding any other provision
of law, enter into contractual agreements
with State and local law enforcement agen-
cies to provide for cooperative enforcement
and regulatory activities under this Act.".
Sec. 36. Section 508 of the Controlled Sub-
stances Act (21 U.S.C. 878) is amended by-
(1) inserting "(a)" before "Any officer or
employee";
(2) inserting after "Drug Enforcement Ad-
ministration" the following: "or any State
or local law enforcement officer';, and
(3) adding at the end thereof the following
new subsection.,
"(b) State and local law enforcement offi-
cers performing functions under this section
shall not be deemed Federal employees and
shall not be subject to provisions of law re-
lating to Federal employees, except that such
officers shall be subject to section 3374(c) of
title 5, United States Code. ".
Sec. 37. (a) Paragraph (1) of section
1010(b) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(1)) is
amended-
(1) in subparagraph (A) by striking out
clauses (i), (ii), and (iii) and inserting in
lieu thereof the following.-
"Ii) coca leaves, except coca leaves and ex-
tracts of coca leaves from which cocaine, ec-
gonine, and derivatives of ecgonine or their
salts have been removed,,
"(ii) cocaine, its salts, optical and geomet-
ric isomers, and salts of isomers;
`(iii) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
"(iv) any compound, mixture, or prepara-
tion which contains any quantity of any of
the substances referred to in clauses (i)
through (iii);';
(2) in subparagraph (B) by inserting "a
mixture or substance containing a detecta-
ble amount of' after "a kilogram or more
Of, 1
(3) in subparagraph (C) by inserting "a
mixture or substance containing a detecta-
ble amount of" after "500 grams or more of ;
(4) in subparagraph (D) by inserting "a
mixture or substance containing a detecta-
ble amount of after "5 grams or more of ;
and
(5) by adding at the end thereof, "if a sen-
tence under this paragraph provides for im-
prisonment, the sentence shall include a spe-
cial parole term of not less than four years
in addition to such term of imprisonment
(b) Paragraph (3) of section 1010(b) of the
Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(3)) is amended by
striking out ", except as provided in para-
graph (4)".
LABOR RACKETEERING AMENDMENT
(CHAPTER VIII)
Sec. 38. Paragraph (2) of section 411(a) of
title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1111(a)(2)) is
amended by striking out "entity" and insert-
ing in lieu thereof "person".
CURRENCY AND FOREIGN TRANSAC-
TIONS REPORTING ACT AMEND-
MENTS (CHAPTER IX)
Sec. 39. Paragraph (2) of section 5316(a)
of title 31 of the United States Code is
amended by striking out '$5,000" and in-
serting in lieu thereof "$10,000".
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
April 17, 1986 CONGRESSIONAL RECORD - SENATE
MISCELLANEOUS VIOLENT CRIME
AMENDMENTS (CHAPTER X)
SEC. 40. Subsection (a) of section 373 of
title 18 of the United States Code is amend-
ed by-
(1) inserting after the words "the person or
property of another" the words ", or against
such person's own property,"; and
(2) inserting before the word "death" the
words `life imprisonment or".
Sec. 41. Subsection (e) of section 924 of
title 18 of the United States Code is amend-
ed by--
(1) adding after the words "during and in
relation to any" the words "felony described
in the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et
seq.), or section 1 of the Act of September 15,
1980 (21 U.S.C. 955a) or any":
(2) adding after the words "in addition to
the punishment provided for such" the
words 'felony or"; and
(3) adding after the words "tern of impris-
onment including that imposed for the" the
words 'felony or".
SEc. 42. Subsection (a) of section 929 of
title 18 of the United States Code is anend-
ed by-
(1) adding after the words "during and in
relation to the commission of a" the words
"felony described in the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Con-
trolled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or section 1 of the Act
of September 15, 1980 (21 U.S.C. 855a), or a";
(2) adding after the words "in addition to
the punishment provided for the commis-
sion of such" the words 'felony or'; and
(3) adding after the words "term of impris-
onment including that imposed for the
felony" the words "or crime of violence".
.SEc. 43. (a) Subsection (d) of section 1201
of title 18 of the United States Code is
amended by adding the words "or (al(5)"
after the words "subsection (a0(4)".
(b) Paragraph (2) of section 115(b) of title
18 0,` the United States Code is amended to
read as follows:
"(2) A kidnaping or attempted kidnaping
in violation of this section shall be punished
as provided in section 1201 of this title for
the kidnaping or attempted kidnaping of a
person described in section 1201 (a)(51 of this
tit le. ".
SEC. 44. (a) Chapter 65 of title 18 of the
United States Code is amended by redesig-
nating section 1365 as enacted by Public
Law 98-473 as section 1366.
(b) The analysis at the beginning of chap-
ter 65 of title 18 of the United States Code is
amended by striking out "1365" the second
time it appears and inserting in lieu thereof
'l366':
SERIOUS NONVIOLENT OFFENSES
(CHAPTER XI)
SEC. 45. Section 215 of title 18 of the
United States Code is amended-
(1) in subsections (a) and (b) by inserting
the words ", bank holding company, or sav-
ings and loan holding company" after the
words 'financial institution" the second
and third place in which they appear;
(2) in subsection (c)(1)(D) by striking out
"Administrator of the"; and
(3) in subsection (d) by inserting the
words ", bank holding company, or savings
and loan holding company" after the words
ftnancial institution" each place in which
they appear.
Sec. 46. Section 219 of title 18 of the
United States Code is amended-
(1) in the first paragraph to read:
"Whoever, being a public official, is or
acts as an agent of a foreign principal re-
quired to register under the Foreign Agents
Registration Act of 1938, as amended, shall
be fined not more than $10,000 or impris-
oned for not more than two years, or both.
and
(2) in the last paragraph by striking out
"the Delegate from the District of Columbia"
and inserting in lieu thereof "Delegate", and
by striking out ", or a juror".
Sec. 47. (a) Chapter 25 of title 18 of the
United States Code is amended by redesig-
noting section 510 as enacted by Public Law
98-473 as section 513,
(b) The analysis at the beginning of chap-
ter 25 of title 18 of the United States Code is
amended by striking out "510. Securities of
the State and private entities."; and by
adding at the end thereof "513. Securities of
the States and private entities.".
SEC. 48. (a) Sections 1791 and 1792 of title
18 of the United States Code are amended by
striking out the phrase "Federal penal or
correctional facility" each time it appears
and inserting in lieu thereof "Federal penal,
detention, or correctional facility".
(b) Section 1791 of title 18 of the United
States Code is further amended-
(1) in subparagraph (a)(1)(B) by adding
the words "ammunition or" before "any
other weapon":
(2) in subparagraph (a)(1)(C) by adding
before the semicolon the words lysergic
acid diethylamide, or phencyclidine';
(3) in subparagraph (a)(1)(D) by striking
out "other than a narcotic drug, as defined
in section 102 of the Controlled Substances
Act (21 U.S.C. 802)" and inserting in lieu
thereof "other than a controlled substance
described in subparagraph (C)"; and
(4) by making subsection (c) read as fol-
lows:
"(c) DEFINITIONS.-As used in this section,
'ammunition', 'firearm; and 'destructive
device' have the meaning given those terms,
respectively, in section 921 of title 18 of the
United States Code.':
PROCEDURAL AMENDMENTS (CHAPTER
XII)
SEc. 49. Subsection (e) of section 1028 of
title 18 of the United States Code is amend-
ed by striking out "title V of the Organized
Crime Control Act of 1970 (18 U.S.C. note
prec. 3481)" and inserting in lieu thereof
"chapter 224 of this title":
SEc. 50. Subsection (f) of section 1029 of
title 18 of the United States Code is amend-
ed by striking out "title V of the Organized
Crime Control Act of 1970 (18 U.S.C. note
prec. 3481)" and inserting in lieu thereof
"chapter 224 of this title':
SEc. 51. Section 3076 of title 18 of the
United States Code is amended by striking
out "title V of the Organized Crime Control
Act of 1970" and inserting in lieu thereof
"chapter 224 of this title":
Sec. 52. Section 3522 of title 18 of the
United States Code is amended-
(1) in subsection (a) by striking out the
word "parolees" in the second sentence and
inserting in lieu thereof "probationers or
parolees, as the case may be';
(2) in subsection (b)-
(A) by striking out "subsection (a)" and
inserting in lieu thereof "probation or
parole'; and
(B) by striking out the word "shall" and
inserting in lieu thereof "may";
(3) by striking out subsection (c); and
(4) by redesignating subsection (d) as sub-
section (c).
Sec. 53. Section 1921 of title 28 of the
United States Code is amended by adding
the following new paragraph at the end
thereof'
"Notwithstanding the provisions of sec-
tion 3302 of title 31, the United States Mar-
shals Service is authorized, to the extent
provided in appropriations acts, to credit to
its appropriation account all fees, commis-
sions, and expenses collected for-
S 4473
"(1) the service of civil process, including
complaints, summonses, subpenas, and
similar process; and
"(2) seizures levies, and sales associated
with judicial orders of execution,
by the United States Marshals Service and
to use such credited amounts for the purpose
of carrying out such activities.':
VICTIM COMPENSATION AND
ASSISTANCE (CHAPTER XIV)
SEC. 54. Section 3013 of title 18 of the
United States Code is amended by adding
the following new subsection at the end
thereof:
"(c) No assessment shall be imposed on
any person convicted of an offense for which
local rules of the district court, or other Fed-
eral law, establishes that collateral may be
posted in lieu of appearance in court.":
SEc. 55. Subsection (a) of section 3671 of
title 18 of the United States Code, as enacted
by section 1406(a) of the Comprehensive
Crime Control Act of 1984, is amended by
striking out "chapter 227 or 231 of" after the
words "an order of restitution under":
SEc. 56. (a) Sections 3671 and 3672 of title
18 of the United States Code, as enacted by
section 1406(a) of the Comprehensive Crime
Control Act of 1984, are redesignated as sec-
tions 3681 and 3682, respectively.
(b) The sectional analysis of chapter 232 of
title 18 of the United States Code, as added
by section 1406(a) of the Comprehensive
Crime Control Act of 1984, is amended by
striking out "3671" and "3672" and insert-
ing in lieu thereof "3681" and "3682"; re-
spectively.
SEc. 57. (a) Chapter 232 of title 18 of the
United States Code, as enacted by section
1406(a) of the Comprehensive Crime Control
Act of 1984, is redesignated as chapter 232A.
(b) The chapter analysis of part II of title
18 of the United States Code is amended by
striking out the item relating to chapter 232,
as added by section 1406(b) of the Compre-
hensive Crime Control Act of 1984, and in-
serting in lieu thereof the following:
"232A. Special forfeiture of collateral
profits of crime ................................ 3681
Sec. 58. Subsection (e) of section 1402 of
the Comprehensive Crime Control Act of
1984 is amended by-
(1) striking out "the next succeeding fiscal
year" and inserting in lieu thereof "the next
two succeeding fiscal years"; and
(2) striking out "year" after "at the end of
which".
SEc. 59. Section 1407 of the Comprehensive
Crime Control Act of 1984 is amended-
(1) in subsection (h) by striking out "1302"
and inserting in lieu thereof "1402"; and
(2) by redesignating subsection (h) as sub-
section (g).
SEc. 60. Chapter XIV of the Comprehen-
sive Crime Control Act of 1984 is amended
by striking out section 1410.
TRADEMARK COUNTERFEITING
(CHAPTER XV)
SEc. 61. (a) Chapter 113 of the title 18 of
the United States Code is amended by redes-
ignating section 2320 as enacted by Public
Law 98-473 as section 2321.
(b) The analysis at the beginning of chap-
ter 113 of title 18 of the United States Code
is amended by striking out
"2320. Trafficking in counterfeit goods or
services."
and by adding at the end thereof
"2321. Trafficking in counterfeit goods or
services.":
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
 Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0
4474 CONGRESSIONAL RECORD - SENATE
ACCESS DEVICES AND COMPUTER ing against a witness, victim, or an inform- M
(CHAPTER XXI) ant), lay
S Ec. 62. (a) Section 1030 of title 18 of the SEc. 69. The first and second paragraphs tabl
,led States Code is amended bu addina of section 2315 of title 18 of the United
T
the following new paragraph at the end
thereat
"(f) This section does not prohibit any
lawfully authorized investigative, protec-
tive, or intelligence activity of a law en-
forcement agency of the United States, a
State, or a political subdivision of a State,
or of an intelligence agency of the United
States.":
(b) Delete paragraph (3) of subsection (a)
of section 1030 of title 18 of the United
States Code.
(c) Delete "or" after the semicolon at the
end of paragraph (2) of subsection (a) of sec-
tion 1030 of title 18 of the United States
Code, and insert "or" after the semicolon at
the end of paragraph (1) of subsection (a) of
section 1030 of title 18 of the United States
Code.
SCELLANEO US AMENDMENTS
Sec. 63. Section 3 of title 18 of the United
States Code is amended by inserting before
the word "death" the words "life imprison-
ment or':
SEC. 64. (a) Chapter 1 of title 18 of the
United States Code is amended by adding a
new section 17 as follows:
" 1 17. Organization defined
"For purposes of this title, the term 'orga-
nization' means a person other than an in-
dividual.":
(b) The sectional analysis for chapter 1 of
title 18 of the United States Code is amend-
ed by adding after the item relating to sec-
tion 16 the following:
"17. Organization defined.
SEC. 65. Subsection (a) of section 201 of
title 18 of the United States Code is amend-
ed by striking out "the Delegate from the
District of Columbia" and inserting in lieu
thereof "Delegate":
Sec. 66. Paragraph (1) of section 203(a) of
title 18 of the United States Code is amend-
ed by striking out "Delegate from the Dis-
trict of Columbia, Delegate Elect from the
District of Columbia" and inserting in lieu
thereof "Delegate, Delegate Elect":
SEc. 67. Subsection (h) of section 844 of
title 18 of the United States Code is amend-
ed to read as follows:
"(h) Whoever uses fire or an explosive to
commit, or carries an explosive during the
commission of, any felony which may be
prosecuted in a court of the United States,
including a felony which provides for an en-
hanced punishment if committed by the use
of a deadly or dangerous weapon or device,
shall, in addition to the punishment provid-
ed for such felony, be sentenced to imprison-
ment for five years. In the case of his second
or subsequent conviction under this subsec-
tion, such person shall be sentenced to im-
prisonment for ten years. Notwithstanding
any other provision of law, the court shall
not place on probation or suspend the sen-
tence of any person convicted of a violation
of this subsection, nor shall the term of im-
prisonment imposed under this subsection
run concurrently with any other term of im-
prisonment including that imposed.for the
.felony in which the fire or explosive was
used or the explosive was carried. No person
sentenced under this subsection shall be eli-
gible for parole during the term of imprison-
ment imposed herein.":
SEc. 68. Section 1961(a) of title 18 of the
United States Code is amended by adding,
after the words "section 1511 (relating to the
obstruction of State or local law enforce-
ment)," the words "section 1512 (relating to
tampering with a witness, victim, or an in-
formant), section 1513 (relating to retaliat-
(1) inserting "possesses," after "receives,
and
(2) striking out "moving as, or which are a
part of, or which constitute interstate or for-
eign commerce, " and inserting in lieu there-
of "which have crossed a State or United
States boundary after being stolen, unlaw-
fully converted, or taken,":
SEC. 70. Subsection (m) of section 223 of
the Comprehensive Crime Control Act of
1984 is amended in paragraph (3)(B) to read
as follows:
"(B) by amending subsection (b) to read as
follows:
"'(b) An offender transferred to the United
States to serve a sentence of imprisonment
that is longer than the maximum period of
time specified in the applicable sentencing
guideline promulgated pursuant to section
994(a)(1) of title 28, United States Code, as
determined by the Bureau of Prisons, shall
serve in an official detention facility the
maximum period of time specified in the ap-
plicable sentencing guideline and shall serve
the remainder of the term imposed as a term
of supervised release. To the extent permit-
ted by the applicable treaty, a determination
by the Bureau of Prisons as to whether the
transferred offender shall serve a term of su-
pervised release and the length of such term
to be served may be appealed to the United
States court of appeals for the district in
which the offender is imprisoned after trans-
fer to the United States, and the court of ap-
peals shall decide and dispose of the appeal
in accordance with section 3742 as though
the determination appealed had been im-
posed by the United States district court. A
determination by the Bureau of Prisons
shall be made only after affording the trans-
ferred offender an opportunity (1) to submit
evidence or information as the applicable
sentencing guideline, and (2) for an appeal
within the Bureau of Prisons of such deter-
mination by a reviewing authority estab-
lished by the Director pursuant to regula-
tions.'; and":
Sec. 71. Section 3142(c)(2)(J) of title 18 of
the United States Code is amended by insert-
ing ", psychological, " after "rnedical" SEC. 72. Paragraphs (3) of subsections (d),
(g), and (h) of section 922 of title 13 of the
United States Code are amended by deleting
the words "marihuana or any depressant or
stimulant drug (as defined in section 201(v)
of the Federal Food, Drug, and Cosmetic
Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of
1954)" and inserting in lieu thereof the
words "marihuana or any depressant or
stimulant substance or narcotic drug (as
those terms are defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802;''
SEC. 73. Section 875 of title 1S of the
United States Code is amended by striking
the phrase "transmits in interstate com-
merce" each place where it appears and in-
serting in lieu thereof the words, "transmits
in interstate or foreign commerce":
SEc. 74. Section 351 of title 18 of the
United States Code is amended-
(a) in subsection (a) by adding after
"Deputy Director of Central Intelligence,"
the words "a major candidate for the office
of President or Vice-President, as defined in
subsection (a)(7) of section 3056 of this
title"; and
(b) in subsection (h) by deleting the words
"an official" and inserting in lieu thereof "a
person".
Mr. THURMOND. Mr. President, I
move to reconsider the vote by which
the bill was passed.
April 17, 1986
he motion to lay on the table was
agreed to.
Mr. THURMOND. Mr. President, I
wish to thank the able majority leader
and the able Democratic leader for
their cooperation in this matter. This
is a very important piece of legislation.
I feel it is going to make benefical im-
provements to the criminal procedures
in this Nation.
Mr. BYRD. Mr. President, I thank
the distinguished chairman of the
committee (Mr. THURMOND).
Mr. EVANS. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER (Mr.
PRESSLER). The clerk will call the roll.
The legislative clerk proceeded to
call the roll.
Mr. THURMOND. Mr. President, I
ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
THE LIBYAN THREAT TO
TUNISIA
Mr. THURMOND. Mr. President, in
the last few days, Americans have
closely followed events in Libya.. I
have previously stated my support for
the President, and wholeheartedly
agree with our Commander in Chief,
that repeated acts of Qadhafl spon-
sored international terrorism ultimate-
ly forced our armed response.
Fortunately, the United States h,._s
the ability to organize and equip the
type of self-defense mission whirl was
launched on Monday. However, we
have allies in that troubled region who
are outmanned and outgunned by
Colonel Qadhafi. I specifically refer to
Tunisia and the threat Colonel Qadha-
fi poses to our friends in that country.
Last June, Tunisian President Bour-
guiba visited the United States. I had
the opportunity to meet with him. He
is a fine man, and a true friend of our
Nation. During that visit, President
Reagan told President Bourguiba that
the United Slates was committed to
the sanctity of Tunisia's borders, and
that Tunisia could rely on the contin-
ued support and friendship of our
Nation. Based on present events in
that region, the proximity of Tunisia
to Libya, and recent history of aggres-
sive acts Qadhafl has directed at Tuni-
sia, I believe that we must now demon-
strate strong support for our Tunisian
ally. The basis for this view can be
clearly shown by a brief overview of
recent Tunisian-Libyan relations.
In 1976, Libya expelled almost 7,000
Tunisians. In 1978, it was strongly sus-
pected that Qadhafi covertly orga-
nized riots in Tunis. In 1980, Lj; , na-?
trained commandos seized the town of
Gafsa and unsuccessfully attempted to
launch a coup against the Bourguiba
government. Since 1976, 26,000 more
Approved For Release 2010/12/29: CIA-RDP87B00858R000400470010-0