[Text of Feinstein's ban on bomb-making information. SHould be the same as in final s735 as passed.] __ > CLOTURE MOTION (Senate - June 05, 1995) > Sen. FEINSTEIN > > Mrs. FEINSTEIN. I meant `or.' I beg your pardon. > > Mr. HATCH. Could the Senator change the `or' to an `and'? > > Mrs. FEINSTEIN. I did not mean to. Did I? > > Mr. HATCH. Yes. > > Mrs. FEINSTEIN. I will change it to `intends or knows.' > > Mr. HATCH. If I can just respond to the distinguished Senator from > California, I would prefer `intends and knows' rather than `intends > or knows' because I believe that can lead to some mischief in the > criminal law. On the other hand, this was a narrow interpretation. I > agree with the distinguished Senator from Delaware. I am not sure > that you can catch them on a conspiracy statute in this area. I do > not remember the law with regard to the explosives. But whether that > is so or not, as I understand it, the word likely will be stricken > in the amendment. > > Mrs. FEINSTEIN. That is correct. > > Mr. HATCH. Then I am prepared to accept the amendment. > > Mr. BIDEN. Mr. President, parliamentary inquiry. > > The PRESIDING OFFICER. Is there objection? > > Mr. BIDEN. Reserving the right to object, is the language `and' or > is it `or'? If it is `or,' I have no objection. > > The PRESIDING OFFICER. Is there objection to the modification? > > Mr. HATCH. I have no objection. > > The PRESIDING OFFICER. Without objection, the amendment is so > modified. > > The amendment (No. 1209), as modified, is as follows: > > At the appropriate place in the bill, insert the following new > section: > > (a) Section 842 of title 18, United States Code, is amended by > adding at the end the following new section: > > `(l) It shall be unlawful for any person to teach or demonstrate the > making of explosive materials, or to distribute by any means > information pertaining to, in whole or in part, the manufacture of > explosive materials, if the person intends or knows, that such > explosive materials or information will be used for, or in > furtherance of, an activity that constitutes a Federal criminal > offense or a criminal purpose affecting interstate commerce.' > > (b) Section 844 of title 18, United States Code, is amended by > designating section (a) as subsection (a)(1) and by adding the > following new subsection: > > `(a)(2) Any person who violates subsection (l) of section 842 of > this chapter shall be fined under this title or imprisoned not more > than twenty years, or both.' > > Mr. HATCH. Mr. President, with that modification, I am prepared to > accept the amendment, if the distinguished Senator from Delaware is > likewise. > > The PRESIDING OFFICER. Is there further debate on the amendment? > > Mr. BIDEN addressed the Chair. > > The PRESIDING OFFICER. The Senator from Delaware. > > Mr. BIDEN. For clarification purposes, and I think I will accept it, > I want to read the entire amendment. It will take me one moment. It > says: > > Section (a) reads, `Section 842 of title 18, United States Code, is > amended by adding at the end the following new section: > > Subsection 1. > > It shall be unlawful for any person to teach or demonstrate the > making of explosive materials, or to distribute by any means > information pertaining to, in whole or in part, the manufacture of > explosive materials, if the person intends or knows that such > explosive material or information will be used for, or in > furtherance of, an activity that constitutes a Federal criminal > offense or a criminal purpose affecting interstate commerce. > > Subsection B. > > Section 844 of title 18, United States Code, is amended by > designating section (a) as subsection (a)(1), and by adding the > following new subsection: > > (a)(1), any person who violates subsection (1) of section 842 of > this chapter shall be fined under this title or imprisoned not more > than 20 years, or both. > > That is the end of the amendment. Is that correct? > > Mrs. FEINSTEIN. The `1' is an `l'. It is a lower case. > > Mr. BIDEN. I beg your pardon. In the last paragraph? > > Mrs. FEINSTEIN. In the first paragraph and the last. > > Mr. BIDEN. I beg your pardon. It is `l', and not `1.' > > So it will read, the following new section `l', `It shall be > unlawful for any person to teach or demonstrate the making of > explosive material or to distribute by any means information > pertaining to', et cetera. Then at the bottom paragraph, it reads > `Any person who violates subsection l of this section.' Then that is > how it reads, Mr. President?