S.Amdt. 2402

SA 2402. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:

At the appropriate place in title IV, insert the following:

SEC. 4___. REPEAL OF CERTAIN LAWS RELATED TO SWITCHBLADE
KNIVES.

(a) In General.--The Act entitled ``An Act to prohibit the
introduction, or manufacture for introduction, into
interstate commerce of switchblade knives, and for other
purposes'', approved August 12, 1958 (15 U.S.C. 1241 et seq.)
(commonly known as the ``Federal Switchblade Act'') is
amended by striking sections 1 through 4.
(b) Conforming Amendments.--
(1) Ballistic knives.--Section 7 of the Act entitled ``An
Act to prohibit the introduction, or manufacture for
introduction, into interstate commerce of switchblade knives,
and for other purposes'', approved August 12, 1958 (15 U.S.C.
1245) is amended--
(A) by striking subsection (c) and inserting the following:
``(c) Exceptions.--Subsection (a) shall not apply to--
``(1) any common carrier or contract carrier, with respect
to any ballistic knife shipped, transported, or delivered for
shipment in interstate commerce in the ordinary course of
business;
``(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
ballistic knives pursuant to contract with the Armed Forces;
or
``(3) the Armed Forces or any member or employee thereof
acting in the performance of his duty.''; and
(B) by adding at the end the following:
``(e) Interstate Commerce Defined.--As used in this
section, the term `interstate commerce' means commerce
between any State, Territory, possession of the United
States, or the District of Columbia, and any place outside
thereof.''.
(2) Postal service.--Chapter 83 of title 18, United States
Code, is amended--
(A) in section 1716--
(i) by striking subsection (g), and inserting the
following:
``(g)(1) All ballistic knives are nonmailable and shall not
be deposited in or carried by the mails or delivered by any
officer or employee of the Postal Service. Such knives may be
conveyed in the mails, under such regulations as the Postal
Service shall prescribe--
``(A) to civilian or Armed Forces supply or procurement
officers and employees of the Federal Government ordering,
procuring, or purchasing such knives in connection with the
activities of the Federal Government;
``(B) to supply or procurement officers of the National
Guard, the Air National Guard, or militia of a State
ordering, procuring, or purchasing such knives in connection
with the activities of such organizations;
``(C) to supply or procurement officers or employees of any
State, or any political subdivision of a State or Territory,
ordering, procuring, or purchasing such knives in connection
with the activities of such government; and
``(D) to manufacturers of such knives or bona fide dealers
therein in connection with any shipment made pursuant to an
order from any person designated in subparagraphs (A), (B),
and (C).

[[Page S3975]]

``(2) The Postal Service may require, as a condition of
conveying any ballistic knife in the mails, that any person
proposing to mail a ballistic knife explain in writing to the
satisfaction of the Postal Service that the mailing of the
ballistic knife will not be in violation of this section.
``(3) As used in this subsection, the term `ballistic
knife' means a knife with a detachable blade that is
propelled by a spring-operated mechanism.'';
(ii) by striking subsection (i); and
(iii) by redesignating subsections (j) and (k) as
subsections (i) and (j), respectively; and
(B) in section 1716E(i), by striking ``section 1716(k)''
and inserting ``section 1716(j)''.
(c) Effective Date.--The repeals made by this section--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall not apply with respect to any indictment,
conviction, sentencing, appeal, civil or criminal fine or
penalty obtained, forfeiture obtained, term of imprisonment,
or any other enforcement action or proceeding occurring or
commenced before the date of the enactment of this Act.
______