拜登先生。I offer a motion on behalf of SenatorNunn和myself to recommit the conference report with instructions to add a provision to give the military authority in the cases of emergency involving chemical and biological weapons of mass destruction.
总统先生，一旦我正式提出这一动议，我建议我的同事，如果发生化学攻击，我们将感到遗憾的是，这不会通过。
我现在正式提供该动议以推荐。
哈奇先生。总统先生，我建议没有法定人数。
主审官。The clerk will read the motion.
The legislative clerk read as follows:
The Senator from Delaware [Mr.拜登]，为先生Nunn, for himself and Mr.拜登, moves to recommit the conference report with instructions to add provisions.
哈奇先生。Mr. President, I ask unanimous consent that reading of the motion be dispensed with.
主审官。没有异议，它是如此有序。
The motion is as follows:
Motion to recommit the conference report on the bill S.735 to the committee of conference with instructions to the managers on the part of the Senate to disagree to the conference substitute recommended by the committee of conference and insist on inserting the following:
SEC. 175. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO OFFENSES INVOLVING BIOLOGICAL AND CHEMICAL WEAPONS.
(a)Biological Weapons of Mass Destruction:Section 175 of title 18, United States Code, is amended by adding at the end the following:
`（c）（1）军事援助。- 总检察长可以要求国防部长在涉及大规模杀伤性的生物武器的紧急情况下，为与本节执行有关的司法部活动提供帮助。国防部资源，包括国防部的人员，可以使用 - 如果 -
`(A) the Secretary of Defense and the Attorney General determine that an emergency situation involving biological weapons of mass destruction exists; and
`(B) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.
`(2) As used in this section, `emergency situation involving biological weapons of mass destruction' means a circumstance involving a biological weapon of mass destruction--
`（a）对美国利益构成严重威胁；和
`(B) in which--
`(i) civilian expertise is not readily available to provide the required assistance to counter the threat posed by the biological weapon of mass destruction involved;
`(ii) Department of Defense special capabilities and expertise are needed to counter the threat posed by the biological weapon of mass destruction involved; and
`(iii) enforcement of the law would be seriously impaired if the Department of Defense assistance were not provided.
`(3) The assistance referred to in paragraph (1) includes the operation of equipment (including equipment made available under section 372 of title 10) to monitor, contain, disable, or dispose of a biological weapon of mass destruction or elements of the weapon.
(4)总检察长和Def的秘书ense shall jointly issue regulations concerning the types of assistance that may be provided under this subsection. Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this subsection. Such regulations shall not authorize arrest or any direct participation in conducting searches and seizures that seek evidence related to violations of this section, except for the immediate protection of human life, unless participation in such activity is otherwise authorized under paragraph (3) or other applicable law.
`(5) The Secretary of Defense shall require reimbursement as a condition for providing assistance under this subsection in accordance with section 377 of title 10.
`（6）（a）除了总检察长提供的范围外，副检察长可以根据本款行使总检察长的权力。The Attorney General may delegate the Attorney General's authority under this subsection only to the Associate Attorney General or an Assistant Attorney General and only if the Associate Attorney General to whom delegated has been designated by the Attorney General to act for, and to exercise the general powers of, the Attorney General.
`(B) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense under this subsection. The Secretary of Defense may delegate the Secretary's authority under this subsection only to an Under Secretary of Defense or an Assistant Secretary of Defense and only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary.
`(7) Nothing in this section shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law before the date of enactment of [this Act].'.
`(b)化学武器大规模破坏。- 与恐怖主义有关的美国法典第18章第113B章通过在第2332a节之后插入以下内容，以下是通过：
`2332b. Use of chemical weapons
”(一)Offense.- 一个没有合法权威的人使用，尝试或密谋使用的化学武器 -
`(1) against a national of the United States while such national is outside of the United States;
`(2) against any person within the United States; or
(3)对任何产权所有,leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States;
应在任何年或终身的任期内被监禁，如果死亡结果应因死亡或以任何年或生命而被监禁。
`(b)Definitions.--For purposes of this section--
`(1) the term `national of the United States' has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
`(2) the term `chemical weapon' means any weapon that is designed to cause widespread death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors.
`（c）（1）军事援助。- 总检察长可以要求国防部长在涉及化学武器大规模杀伤性武器的紧急情况下，为与本节执行有关的司法部活动提供帮助。国防部资源，包括国防部的人员，可以使用 - 如果 -
`(A) the Secretary of Defense and the Attorney General determine that an emergency situation involving chemicals weapons of mass destruction exists; and
`(B) the Secretary of Defense determines that the provision of such assistance will not adversely affect the military preparedness of the United States.
`(2) as used in this section, `emergency situation involving chemical weapons of mass destruction' means a circumstance involving a chemical weapon of mass destruction--
`（a）对美国利益构成严重威胁；和
`(B) in which--
`(i) civilian expertise is not readily available to provide the required assistance
应对涉及大规模破坏的化学武器构成的威胁；
`(ii) Department of Defense special capabilities and expertise are needed to counter the threat posed by the biological weapon of mass destruction involved; and
`(iii) enforcement of the law would be seriously impaired if the Department of Defense assistance were not provided.
`（3）第（1）款中提到的援助包括设备的操作（包括根据第10条第372条提供的设备），以监控，禁用或处置大规模杀伤性的化学武器或元素的元素武器。
(4)总检察长和Def的秘书ense shall jointly issue regulations concerning the types of assistance that may be provided under this subsection. Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this subsection. Such regulations shall not authorize arrest or any direct participation in conducting searches and seizures that seek evidence related to violations of this section, except for the immediate protection of human life, unless participation in such activity is otherwise authorized under paragraph (3) or other applicable law.
`(5) The Secretary of Defense shall require reimbursement as a condition for providing assistance under this subsection in accordance with section 377 of title 10.
`（6）（a）除了总检察长提供的范围外，副检察长可以根据本款行使总检察长的权力。总检察长只能根据副检察长或助理总检察长将总检察长的权力委托给司法部长或助理总检察长或司法部长指定为委托总检察长的情况行使总检察长的一般权力。
`(B) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense under this subsection. The Secretary of Defense may delegate the Secretary's authority under this subsection only to an Under Secretary of Defense or an Assistant Secretary of Defense and only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary.
`(7) Nothing in this section shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law before the date of enactment of [the Act].'.
(c)(1)Civilian Expertise: The President shall take reasonable measures to reduce civilian law enforcement officials' reliance on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States, including--
(A) increasing civilian law enforcement expertise to counter such threat;
(B) improving coordination between civilian law enforcement officials and other civilian sources of expertise, both within and outside the Federal Government, to counter such threat.
（2）Report requirement.--The President Shall Submit to the Congress--
（a）颁布该法案日期后的九十天，一份报告描述了联邦机构在反对美国使用或潜在使用或潜在使用生物学和化学武器大量破坏的威胁方面的各自政策职能和运营作用。
(B) one year after the date of enactment of this Act, a report describing the actions planned to be taken and the attendant cost pertaining to paragraph (1); and
(C) three years after the date of enactment of this Act, a report updating the information provided in the reports submitted pursuant to subparagraphs (A) and (B), including measures taken pursuant to paragraph (1).
（D）Clerical amendment.--The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332a the following:
`2332b. Use of chemical weapons.'.
（E）Use of weapons of mass destruction.--Section 2332a(a) of title 18, United States Code, is amended by inserting `without lawful authority' after `A person who'.
[页：S3379]
格拉斯先生。总统先生，我在强烈支持《抗恐怖主义法案》中。我认为，该法案在执法社区的需求与国家安全社区与美国人民的宪法权利之间取得了合理的平衡。我为参议员的努力表示赞赏Hatch和other conferees in crafting this important and much-needed piece of legislation.
Perhaps one of the more important provisions of this bill relates to restitution to victims of crime in Federal courts. I am proud to say that key provisions of S. 1404, the Victim Restitution Enhancement Act of 1995, which I introduced on November 8, 1995, with Senator凯尔，已纳入会议报告中。我认为，这项法案为犯罪的受害者提供了一种有价值而重要的方式来证明其权利并获得赔偿。S. 1404规定，需要归还的法院命令将充当受害者本身可以执行的留置权。我认为这使受害者可以帮助自己，并确保犯罪受害者将获得他们有权获得的赔偿。
To understand why giving victims of Federal crimes the ability to seek restitution from their victimizers is a positive development, you need to understand the nature of most of the Federal crimes which give rise to restitution liability. Federal Crimes, by and large, are not crimes of violence like State crimes are.
Once you exclude Federal drug prosecutions--which do not give rise to restitution liability as that term is generally understood--many Federal prosecutions are for fraud and other so-called white crimes. With fraud and white collar crimes, the victims may have substantial resources. These persons may wish to obtain restitution themselves, rather than relying on overworked prosecutors to do that job. That's what the lien does, its gives victims a powerful tool use to get restitution.
With respect to terrorism, and the Oklahoma City bombing, this means that the families of the bombing victims can seek restitution. So if the bombers come into money from any source, the victims' families can receive restitution. This is very positive development.
How does the current bill, like S. 1404, do this? Section 206(m) of the conference report establishes a lien in favor of crime victims, very similar to the lien procedure contained in S. 1404. I believe that this section will prove to be of enormous value.
Also, the conference report, section 206(n), drew on provisions in S. 1404, which provided that should prisoners who have been ordered to pay restitution file a prisoner lawsuit and receive a windfall, that windfall will go to the victims and not to the prisoner. This should take some of the lure out of prisoner lawsuits. Importantly, the conference report we are debating today also provides that windfalls received by prisoners from all sources, including lawsuits, will go to pay victims.
本会议报告在第206（d）（3）节中，像S. 1404一样，要求犯罪分子列出其宣誓书中的所有资产。这样，如果欠受害者的罪犯试图掩盖自己的资产，则可以被起诉伪证。这也应该有助于确保受害者获得更多他们有权获得的东西。
While the restitution provisions of this bill are an important step in the right direction, I would also like to point out that unlike S. 1404, the conference report does not establish a hard-and-fast time limit within which restitution liability must be paid off. I think that this is a serious shortcoming. Without a bright-line for the payment of restitution, well-financed criminal defense lawyers will use legal technicalities to delay payment as long as possible. The reason that no definite time limit was included is that some Members of the minority opposed a definite time limit. So, in this respect, I believe that S. 1404 is superior to the current bill.
会议报告还对人身保护囚犯上诉进行了严重且急需的改革。即使是刑事司法系统的随意观察者，罪犯也滥用了人身保护行事来延迟惩罚。
I believe that this conference report strikes exactly the right balance on habeas corpus reform. It provides enough in the way of habeas appeals to ensure that unjustly convicted people will have a fair and full opportunity to bring forth new evidence or contest their incarceration in numerous ways. But the conference report sets meaningful limits, which should go a long way toward eliminating many of the flagrant abuses that make a mockery of justice.
If we do not pass this bill, with this habeas corpus reform package, we can pretend that we are for the death penalty. But, in reality, the death penalty will be virtually meaningless and toothless. The families of the bombing victims in Oklahoma City know this, and they support this bill.
让我们不要让自己处于唯一的象征性手势的位置，这并不能真正帮助美国人民，并且并没有真正恢复对司法系统的信念。我同意克林顿总统的观点：惩罚应该是迅速而肯定的。仅在适当的时间内予以予以惩罚。
我强烈支持这些改革，并再次为将该法案带到地板上的同盟表示赞赏。总统先生，我屈服于地板。
[页：S3380]
Ms. SNOWE. Mr. President, I rise in strong support of the conference report on S. 735, the Comprehensive Terrorism Prevention Act. I would like to congratulate ChairmanHatch, Senator拜登，以及过道两边的其他参议院同盟，在与另一个机构的会议上勤奋工作。该法案于1995年6月7日离开参议院，以91比8的压倒性两党投票通过了。3月13日，当它终于在屋子里进行投票时，最重要的反恐规定被剥夺了该法案。
When this occurred, many of us who strongly supported the Senate bill were dismayed and wondered whether it would even be possible for a conference committee to fashion a final bill that would garner the strong bipartisan support that the original Senate bill enjoyed. To emphasize the importance of this bipartisan support, I joined with Senator利伯曼3月29日，在给所有五个参议院邦塞的信中，敦促他们努力捍卫有关国际恐怖主义的主要参议院规定。其中包括将恐怖组织成员排除在美国境内禁止恐怖筹款活动的权力的权力，这两者均在最终的会议报告中确实保留了。
Mr. President, I am pleased to support this conference report, and I heartily congratulate our conferees for preserving these provisions. In fact, they went even further, and have given us a strong, positive antiterrorism bill that deserves our wholehearted support.
This legislation contains a broad range of needed changes in the law that will enhance our country's ability to combat terrorism, both at home and from abroad. The managers of this bill have described its provisions in some detail, so I will not repeat their comments. Briefly, however, this bill would increase penalties: For conspiracies involving explosives, for terrorist conspiracies, for terrorist crimes, for transferring explosives, for using explosives, and for other crimes related to terrorist acts.
The bill also includes provisions to combat international terrorism, to remove from the United States aliens found to be engaging in or supporting terrorist acts, to control fundraising by foreign terrorist organizations, and procedural changes to strengthen our counterterrorism laws.
This legislation will enhance the ability of our law enforcement agencies to bring terrorists to justice, in a manner mindful of our cherished civil liberties. This bill will enact practical measures to impede the efforts of those violent rejectionists who have launched an unprecedented campaign of terror intended to crush the prospects for peace for the Israeli and Palestinian people. Most important is the provision in this bill that will cut off the ability of terrorist groups such as Hamas to raise huge sums in the United States for supposedly `humanitarian' purposes, where in reality a large part of those funds go toward conducting terrorist activities. These accomplishments are real, and this legislation deserves our support.
总统先生,我想集中精力快速眼动ainder of my comments on two provisions of mine that were retained in this conference report. These two provisions are the Terrorist Exclusion Act and the Law Enforcement and智力来源保护法，我去年分别介绍了这两个法案。
传统上,美国人认为恐怖主义as primarily a European, Middle Eastern, or Latin American problem. While Americans abroad and U.S. diplomatic facilities have been targets in the past, Americans have often considered the United States itself largely immune to acts of terrorism. Two events have changed this sense of safety. The first was the internationally-sponsored terrorist attack of February 26, 1993 against the New York World Trade Center, and the second was the domestic terrorist attack just a year ago on April 19 in Oklahoma City.
我三年前首次在众议院介绍了《恐怖分子排除法》，去年我重新引入了参议院参议院的立法Brown作为我最初的同伴。《恐怖分子排斥法》将在我们的签证法律中封闭危险的漏洞，该法律是由1990年的《移民改革法案》制定的。随着其重写《麦卡兰 - 瓦尔特人法》，国会取消了当时存在的权力，以否认美国签证向已知的签证暴力恐怖组织。
The new standards required knowledge that the individual had been personally involved in a past terrorist act or was coming to the United States to conduct such an act. This provision will restore the previous standard allowing denial of a U.S. visa for membership in a terrorist group.
在1993年初，我在调查国务院失败期间，在签证法律中发现了这一危险的弱点，这使激进的埃及牧师谢赫·奥马尔·阿卜杜勒·拉赫曼（Sheikh Omar Abdel Rahman）自1990年以来就可以前往美国。在我将众议院共和党人对恐怖主义问题具有管辖权的国际运营小组委员会的角色中，我在参议院担任外交关系委员会国际运营小组委员会主席。金博宝正规网址
Sheikh Rahman is the spiritual leader of Egypt's terrorist organization, The Islamic Group. His followers were convicted for the 1993 bombing of the World Trade Center in New York. The Sheikh himself received a life sentence for his own role in approving a planned second wave of terrorist acts in the New York City area.
The case of Sheikh Abdel Rahman is significant because he was clearly excludable from the United States under the pre-1990 law, but the legal authority to exclude him ended with enactment of the Immigration Reform Act that year. He was admitted to this country through an amazing series of bureaucratic blunders.
Then in 1990, as the U.S. government was building its deportation case against him, the law changed. As a result, the State Department was forced to try to deport him on the grounds that he once bounced a check in Egypt and had more than one wife, rather than the fact that he was the known spiritual leader of a violent terrorist organization.
A high-ranking State Department official informed my staff during my investigation that if Sheikh Abdel Rahman had tried to enter after the 1990 law went into affect, they would have had no legal authority to exclude him from the United States because they had no proof that he had ever personally committed a terrorist act, despite the fact that his followers were known to have been involved in the assassination of Anwar Sadat.
It is urgent that we pass this provision. Every day in this country American lives are put at risk out of deference to some imagined first amendment rights of foreign terrorists. This is an extreme misinterpretation of our cherished Bill of Rights, which the founders of our nation intended to protect the liberties of all Americans.
In my reading of the U.S. Constitution, I see much about the protection of the safety and welfare of Americans, but nothing about protecting the rights of foreign terrorists to travel freely to the United States whenever they choose.
S. 735中包含的第二个法案是执法部门，智力Sources Protection Act. This legislation would significantly increase the ability of law enforcement andintelligenceagencies to share information with the State Department for the purpose of denying visas to known terrorists, drug traffickers, and others involved in international criminal activities.
该规定将允许美国签证出于执法目的而无需详细的书面解释，而现行法律要求。这些否认可以是在没有进一步澄清或放大的情况下以美国法律为普遍的。由于怀疑他们打算移民到美国而被拒绝签证的个人仍然必须告知这是基础，然后他们将被允许编译可能改变该决定的其他信息。
根据《移民和国籍法》的规定，每个外国人都必须拒绝美国签证的精确书面理由，并以特定的法律规定为由。这项要求插入了INA中，因为人们认为每个非美国人由于任何原因都否认了美国visa，有权知道签证被拒绝的确切理由，即使是用于恐怖活动，麻醉品贩运，也是如此或其他非法行为。这阻碍了执法的意愿和intelligenceagencies to share with the State Department the names of excludable aliens.
这些机构在逻辑上关注揭示消息来源或通过提交已知是恐怖分子或罪犯的人的名字来揭示资源或损害调查 - 但他们不知道他们正在接受美国官员的调查 - 如果这些信息随后向签证透露给签证申请人，如现行法律所要求的。这是美国应该能够保护的信息，直到案件填写，并希望采取执法行动。但是，为了保护美国人民，我们还应该向国务院提供此信息，以将这些人远离我们的国家。
Mr. President, I again congratulate ChairmanHatch, and all of the other Senate conferees on this bill for their achievements in negotiations with the House. Obviously, there were some Senate provisions that had strong bipartisan support in this body that I regret could not be sustained in conference. But I urge my colleagues to concentrate on the very substantial and important achievements of this conference report, and I urge broad bipartisan support for its adoption.
[页：S3381]
哈奇先生。总统先生，我建议没有法定人数。
主审官。店员将打电话给卷。
Mr. CHAFEE. I wonder if the Senator might yield for a question before the quorum call.
主审官。Will the Senator withhold his quorum call?
哈奇先生。Yes. I am happy to.
Mr. CHAFEE. I am a little confused why we do not vote on this motion right now. Everybody is familiar with the issue.
哈奇先生。I think we are but the majority leader asked me to put the quorum call.
Mr. CHAFEE. Could I safely say that, if things go right, we are going to vote in a very few minutes?
哈奇先生。I hope so. I think so.
主审官。Is there further debate on the motion?
哈奇先生。我建议没有法定人数。
主审官。店员将打电话给卷。
法案店员继续致电该卷。
哈奇先生。Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
主审官。没有异议，它是如此有序。
来自犹他州的参议员。
哈奇先生。Mr. President, what is the pending business?
主审官。待处理的业务是特拉华州参议员推荐的动议。
哈奇先生。Mr. President, I move to table the motion and ask for the yeas and nays.
主审官。有足够的第二吗？
There is a sufficient second.
耶斯和反对被命令。
拜登先生。总统先生，我建议没有法定人数。
主审官。The absence of a quorum has been noted. The clerk will call the roll.
法案店员继续致电该卷。
哈奇先生。Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
主审官。没有异议，它是如此有序。
哈奇先生。Mr. President, I ask unanimous consent that during the consideration of the conference report to accompany the terrorist bill, the time on the conference report be limited to 20 minutes equally divided in the usual form, and all motions to recommit be limited to the following time restraints; that they be relevant in subject matter of the conference report or Senate- or House-passed bills and that they not be subject to amendments: 30 minutes equally divided in the usual form on each motion.
我进一步要求一致的同意，在所有动议都被击败或列举的情况下，参议院将继续对采用会议报告进行投票，这一切都没有任何干预行动或辩论。
主审官。是否反对一致同意请求？没有异议，它是如此有序。
The question is on agreeing to the motion to lay on the table the Biden motion to recommit.
耶斯和反对已被订购。店员将打电话给卷。
洛特先生。I announce that the Senator from Oregon [Mr.Hatfield] and the Senator from Florida [Mr.Mack]一定不存在。
我进一步宣布，来自阿拉斯加的参议员[先生Murkowski], is absent due to death in the family.
我进一步宣布，如果存在和投票，则是阿拉斯加参议员[先生Murkowski] would vote `yea.'
Mr. FORD. I announce that the Senator from Washington [Mrs.Murray] is necessarily absent.
The result was announced--yeas 50, nays 46, as follows:
So the motion to lay on the table the motion to recommit was agreed to.
哈奇先生。I move to reconsider the vote.
洛特先生。我移动将该动作放在桌子上。
The motion to lay on the table was agreed to.