```

[Senate Report 113-9]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 23
113th Congress                                                   Report
                                 SENATE
 1st Session                                                      113-9

======================================================================

 
            STOP ILLEGAL TRAFFICKING IN FIREARMS ACT OF 2013

                                _______
                                

                 April 5, 2013.--Ordered to be printed

         Filed, under authority of the order of the Senate of 
               March 23 (legislative day, March 22), 2013

                                _______
                                

            Mr. Leahy, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                          [To accompany S. 54]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 54) to increase public safety by punishing and 
deterring firearms trafficking, having considered the same, 
reports favorably thereon, with an amendment, and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Stop Illegal Trafficking in Firearms 
     Act of 2013......................................................2
 II. History of the Bill and Committee Consideration..................7
III. Section-by-Section Summary of the Bill...........................9
 IV. Congressional Budget Office Cost Estimate.......................11
  V. Regulatory Impact Evaluation....................................12
 VI. Conclusion......................................................12
VII. Additional and Minority Views...................................13
VIII.Changes to Existing Law Made by the Bill, as Reported...........19

 I. Background and Purpose of the Stop Illegal Trafficking in Firearms 
                              Act of 2013

    Illegal trafficking of firearms to violent criminals, 
gangs, and drug trafficking organizations presents a grave 
threat to public safety.\1\ Investigations by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives (ATF) have revealed 
that trafficked firearms are often diverted to criminals or 
criminal organizations and then used in serious and violent 
offenses.\2\ An estimated 467,321 firearm-related violent 
crimes occurred in the United States in 2011, a 26 percent 
increase since 2008.\3\ Investigations show that convicted 
felons are heavily involved in firearms trafficking and its 
tragic consequences.\4\
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    \1\On December 24, 2012, William Spengler Jr. set fire to his house 
and ambushed firefighters from the West Webster, New York fire company. 
Mr. Spengler killed two firefighters and seriously wounded two others. 
Two of the firearms used in the attack were purchased for Mr. Spengler, 
who was prohibited under Federal law from purchasing firearms. The 
firearms were purchased by his neighbor on his behalf. Marc Santora, 
Woman Helped Firefighters' Killer Get Gun He Used in Ambush, Police 
Say, N.Y. Times, December 28, 2012.
    \2\Over half of trafficking investigations initiated between July 
1996 and December 1998 involved at least one diverted firearm used in a 
crime. Twenty-five percent of the investigations involved one or more 
firearms used in an assault, and 17 percent involved one or more 
firearms used in a homicide. See ATF, Following the Gun: Enforcing 
Federal Laws Against Firearms Traffickers. June 2000.
    \3\Wintemute GJ. Background Checks for Firearms Transfers. February 
2013, at 3.
    \4\Twenty-five percent of traffickers identified by investigations 
initiated between July 1996 and December 1998 were convicted felons.
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    Individuals known as ``straw purchasers'' play key roles in 
many firearms trafficking operations. Straw purchasers are 
typically individuals without a criminal record who buy 
firearms for drug dealers, violent criminals, or other 
prohibited persons, sometimes for payment in money or drugs. 
Straw purchasers are often friends, relatives, spouses, or 
partners of firearms traffickers. Straw purchasers usually 
acquire a relatively small number of firearms in each 
transaction, which helps to circumvent the background check 
requirements of Federal law. Firearms traffickers then sell and 
re-sell illegally obtained guns and transport them across state 
lines, contributing to the gun violence in our communities and 
along our borders.
    Straw purchasing is common. In a 2011 survey of Federally 
licensed firearms dealers and pawn brokers, known as Federal 
Firearms Licensees (FFLs), over 67 percent reported 
experiencing at least one attempted straw purchase in the 
preceding year, and almost 10 percent reported monthly 
attempts.\5\ In the 46 percent of ATF trafficking 
investigations initiated between July 1996 and December 1998, 
straw purchasers were the source of the trafficked firearms. 
This was more than double the percentage of the next closest 
source.
---------------------------------------------------------------------------
    \5\Wintemute GJ. ``Frequency of and responses to illegal activity 
related to commerce in firearms: findings from the Firearms Licensee 
Survey.'' Inj Prev. Published Online First: March 11, 2013, 
doi:10.1136/injuryprev-2012-040715, at 3.
---------------------------------------------------------------------------
    Notably, prohibited persons such as felons and drug dealers 
currently are able to purchase firearms themselves through 
private sales that require no background check, yet these 
individuals continue to employ straw purchasers to buy from 
FFLs. Straw purchases from FFLs are favored in part because 
FFLs usually carry a greater variety of firearms, FFLs sell 
``clean'' firearms with no link to criminality, and also 
because straw purchasing is easy. As one former gang member 
said, ``Straw purchases are so easy it's a no-brainer. Why buy 
a hot gun on the street when you can easily do a straw 
purchase?''\6\
---------------------------------------------------------------------------
    \6\Mayors Against Illegal Guns. Inside Straw Purchasing: How 
Criminals Get Guns Illegally. April 15, 2009, at 2.
---------------------------------------------------------------------------
    Gun shows are another source of firearms for traffickers. 
In many States, both FFLs and unlicensed sellers sell firearms 
at gun shows. While FFLs must perform background checks, 
unlicensed sellers are not required to do so, so prohibited 
purchasers can buy firearms directly from unlicensed sellers.
    Federal law enforcement officials lack the legal tools 
necessary to effectively combat illegal firearms trafficking, 
and for years they have raised the alarm that the existing 
legal framework is insufficient to deter those who would 
traffic in firearms. There is presently no Federal statute 
specifically prohibiting firearms trafficking or straw 
purchasing. This requires prosecutors to try to find other gun-
related criminal statutes that can be applied to the facts of a 
particular trafficking scheme.
    A report from the Department of Justice Inspector General 
concerning certain investigative tactics used by ATF relative 
to straw purchasing and firearms trafficking in Arizona 
illustrated the extent of the problem and the difficulties that 
law enforcement officials have in using existing laws to combat 
these practices.\7\ In testimony before the House Oversight and 
Government Reform Committee, an ATF agent witness, Peter 
Forcelli, who appeared to describe the investigative tactics 
that were the subject of congressional inquiry, described 
current Federal laws as ``toothless,''\8\ and characterized the 
common perception that the penalties for a straw purchasing 
offense ``were no more consequential than doing 65 in a 55 
zone.''\9\
---------------------------------------------------------------------------
    \7\Office of the Inspector General, U.S. Department of Justice, A 
Review of ATF's Operation Fast and Furious and Related Matters, 
September 19, 2012.
    \8\Operation Fast and Furious: Reckless Decisions, Tragic Outcomes: 
Hearing Before the H. Comm. on Oversight and Government Reform, 112th 
Cong. 108 (2011) (statement of Peter Forcelli).
    \9\Id. 
---------------------------------------------------------------------------
    The most common criminal statutes used to charge straw 
purchasers do not specifically prohibit buying a firearm on 
behalf of another. Rather, they prohibit making material false 
statements in connection with the purchase of a firearm from an 
FFL. These offenses are too often perceived by judges and 
juries as ``paperwork'' violations, and the actual penalties 
for such offenses are too low to serve as either a meaningful 
deterrent or an effective incentive for defendants to cooperate 
with law enforcement against other members of the trafficking 
organization. In addition, prosecutions of these offenses can 
be challenging, given that the Government must prove beyond a 
reasonable doubt that the purchaser intentionally lied on the 
form, and did not merely make a mistake. In this context, it is 
important to note that simply failing a background check is not 
a crime, and there is no Federal criminal statute that 
specifically criminalizes the conduct of straw purchasing or 
gun trafficking.\10\
---------------------------------------------------------------------------
    \10\The minority views assert that straw purchasers ``likely would 
be deterred by current sentencing levels if the laws were actually 
being enforced''. To the contrary, law enforcement officials have 
consistently reported that straw purchasers are not deterred by current 
laws, none of which directly address straw purchasing. The minority 
views cite supposed expert testimony at Committee hearings that ``the 
lack of prosecutions for attempts to purchase a gun on behalf of a 
prohibited person is a major problem.'' The witnesses at these hearings 
said no such thing. Rather, they faulted the Department of Justice for 
not prosecuting individuals who failed background checks. Straw 
purchasers do not fail background checks; their ability to pass a 
background check is what makes them a suitable straw purchaser.
---------------------------------------------------------------------------
    The Stop Illegal Trafficking in Firearms Act of 2013 
addresses this problem, and fills in a gap in the criminal 
statutes. Contrary to the assertion in the minority views that 
this bill ``is not tailored to suit the needs of law 
enforcement,'' this legislation was in fact drafted at the 
request of, and with the direct input of law enforcement. The 
bill directly responds the long-standing complaint of law 
enforcement officials that no Federal statute specifically 
prohibits straw purchasing and gun trafficking, and accordingly 
has been endorsed by numerous national law enforcement 
organizations, including the National Fraternal Order of 
Police, the Federal Law Enforcement Officers Association, the 
Major Cities Chiefs Association, the FBI Agents Association, 
and the National Organization of Black Law Enforcement 
Executives. Notably, the minority views do not cite to any law 
enforcement officials who claim that the bill is not tailored 
to suit their needs.
    This legislation creates, for the first time, specific 
Federal crimes prohibiting straw purchasing and gun 
trafficking. A new section 932 in the firearms statute makes it 
a crime to purchase a firearm from an FFL for, on behalf of, or 
at the request or demand of any other person. This codifies an 
intended restriction; anyone purchasing a firearm from an FFL 
must already sign a Form 4473 stating that he or she is the 
``actual buyer'' of the firearm.\11\ For purchases made from an 
unlicensed seller, this new section makes it a crime to 
purchase a gun for, on behalf of, or at the request or demand 
of a person prohibited from possessing a firearm, such as a 
convicted felon or a person adjudicated as mentally ill. The 
maximum sentence for this offense would be 15 years 
imprisonment, or 25 years imprisonment if the defendant knew or 
had reasonable cause to believe that any firearm involved would 
be used to commit a crime of violence.
---------------------------------------------------------------------------
    \11\The minority views claim that the bill ``expands the reach of 
federal gun laws by prohibiting the purchase of a firearm on behalf of 
not only a prohibited person, but any person.'' In reality, however, 
the bill does not prohibit any conduct that is currently allowed. 
Purchases on behalf of others are not permitted at FFLs currently, and 
the bill only prohibits purchases from non-FFLs on behalf of 
individuals already prohibited from possessing a firearm. The 
additional views of Senator Grassley recognize that the bill is 
``directed only at straw purchasers.'' The additional views go on to 
state, however, that ``[t]his allows people to buy for people as part 
of a legitimate business.'' To be clear, the bill prohibits purchases 
on behalf of others from FFLs, and purchases on behalf of other 
prohibited persons from non-FFLs, regardless if the purchaser has a 
``legitimate business''.
---------------------------------------------------------------------------
    The bill is narrowly tailored to target straw purchasers. 
The bill exempts legitimate transactions that are allowed under 
current law, including the purchase from an FFL of a firearm as 
a legitimate gift for another person, the retrieval by a third 
person of a firearm that is being repaired by a gunsmith, and 
the purchase of a firearm to be given to a bona fide winner of 
an organized raffle, contest, or auction conducted in 
accordance with law and sponsored by a national, State, or 
local organization or association.\12\
---------------------------------------------------------------------------
    \12\The minority views raise an unfounded concern with the raffle 
exception. Contrary to their suggestion, a volunteer or employee cannot 
be held liable under Section 932 for purchasing a firearm for a to-be-
determined raffle winner if that raffle winner turns out to be a 
prohibited person. Liability under Section 932 is tied to the time of 
purchase of the firearm. If a purchaser has no knowledge of the 
identity of the raffle winner, the purchaser cannot be prosecuted under 
Section 932. Moreover, even if the identity of the raffle winner were 
known at the time of purchase, the purchaser could not be prosecuted 
unless he knew or had reasonable cause to believe that the winner was a 
prohibited person.
---------------------------------------------------------------------------
    With regard to private sales that do not involve an FFL, 
the bill only prohibits purchases in which the seller knows or 
has reasonable cause to believe that he or she is purchasing 
the firearm on behalf of a person who belongs to one of the 
groups of individuals prohibited from possessing a firearm 
under Federal law. A purchaser who has no reasonable cause to 
believe that the other person is a convicted felon or has been 
adjudicated mentally ill, for instance, does not violate the 
law. This reasonable cause standard is the standard in current 
law for similar offenses.
    With regard to private sales, the bill also makes it a 
crime to purchase a firearm from a private seller on behalf of 
someone who the purchaser knows or has reasonable cause to 
believe intends to use, carry, possess, sell, or otherwise 
dispose of the firearm in furtherance of a crime of violence or 
drug trafficking crime, or intends to export the firearm in 
violation of law. This straightforward provision targets the 
most dangerous straw purchases: those where the firearm is 
intended for use in a dangerous crime or will be sent to 
another country. Prohibiting these straw purchases should not 
be controversial, yet surprisingly the minority views object to 
these provisions.
    The chief complaint in the minority views appears to be 
that Section 932(b)(2)(J) creates a new category of persons 
prohibited from being sold a firearm in a private sale: would-
be criminals. The minority views suggest that a straw purchaser 
should not be subject to criminal liability because the actual 
buyer may decide not to use the firearm to commit a crime. 
Contrary to the suggestion in the minority views, however, 
Section 932(b)(2)(J) does not hold ``the purchaser of a 
firearm, who later resells it, criminally liable for the future 
potential actions of a future buyer.'' First, liability under 
Section 932 is tied to the time of purchase of the firearm. 
Thus, someone who buys a firearm but decides sometime after its 
purchase to re-sell the firearm is not covered by Section 932. 
Second, Section 932 holds the purchaser responsible only for 
what he knows or has reasonable cause to believe at the time of 
purchase. If the purchaser has little or no reason to know that 
the firearm will be used in a crime, he has not violated 
Section 932. Nor would the purchaser be criminally liable for 
crimes committed with the firearm--which would be violations of 
other laws, not Section 932.
    The minority views complain that Section 932 places an 
undue burden on purchasers to determine whether the actual 
buyer plans to use the firearm in a crime or transfer the 
firearm to a third person who intends to use the firearm in a 
crime. Although it is reasonable to expect that one who 
purchases a gun for someone else at a private sale should have 
a duty to perform some due diligence to ensure that he is not 
buying a firearm for someone who intends to use it in a crime, 
Section 932(b)(2)(J) does not even require this. The provision 
simply prohibits these purchasers from buying firearms for 
people they know or have reasonable cause to believe intend to 
use the firearms in certain illegal activities like violent 
crime, based on the information known to them. The provision 
does not require purchasers to take affirmative steps to 
investigate the actual buyers, nor will it affect innocent 
parties who unwittingly purchase firearms for criminals. Simply 
put, under the provisions of this bill, a purchaser may not buy 
a gun for someone else at a private sale if the purchaser knows 
or has reasonable cause to believe--at the time of purchase--
that the actual recipient intends to use the firearm in a 
crime. This is a commonsense measure that has the support of 
law enforcement, and it should not be controversial. The bill 
also creates a new Federal firearms trafficking crime (Section 
933) that makes it illegal to ship, transport, transfer, cause 
to be transported, or otherwise dispose of two or more firearms 
to someone that was known or reasonably believed to be 
prohibited from using or possessing a firearm under Federal 
law. This section also makes it a crime to receive from another 
person two or more firearms if the recipient knows or has 
reasonable cause to believe that such receipt would be in 
violation of Federal law. Violators of this new trafficking 
measure would be subject to a maximum sentence of 15 years 
imprisonment, or 25 years imprisonment if the defendant was an 
organizer, leader, supervisor, or manager of the trafficking 
activity.\13\
---------------------------------------------------------------------------
    \13\The minority views erroneously state that ``a violation of 
Section 932(b)(J) carries a maximum sentence of 15 years while Section 
932(c)(2) carries a 25 year maximum penalty for the same crime, 
transferring the firearm with reasonable cause to believe it will be 
used in a crime of violence.'' Setting aside the fact that (as the 
minority views consistently fail to recognize) the new Section 932 
prohibits the purchase of a firearm, not its transfer, Section 932(b) 
does not contain the penalties for the crimes enumerated in the first 
place; those penalties are listed in Section 932(c)(1) and (2). A 
violation of Section 932(b)(2)(J), like a violation of any part of 
Section 932(b), has a maximum penalty of 15 years unless it was 
committed knowing or with reasonable cause to believe that a firearm 
will be used to commit a crime of violence, in which case the maximum 
penalty is 25 years.
    The minority views also criticize the penalties in the bill as 
``unnecessarily high'' while simultaneously suggesting that the higher 
25-year maximum penalty should apply more broadly. The 25-year maximum 
penalty is appropriately reserved for organizers, leaders, supervisor, 
and managers of larger trafficking organizations, i.e. those consisting 
of five or more other persons. Providing enhanced penalties for leaders 
of organizations of this size is neither arbitrary nor unprecedented. 
See United States Sentencing Guidelines Sec. 3B1.1.
---------------------------------------------------------------------------
    Besides creating new Federal crimes, the bill gives law 
enforcement the tools it needs to successfully investigate gun 
trafficking and break up sophisticated trafficking 
organizations. The bill authorizes the use of electronic 
surveillance for such cases, as well as for the felony firearms 
violations set forth in sections 922 and 924 of Title 18, and 
adds new sections 932 and 933 as predicate violations for 
racketeering and money laundering violations. The legislation 
also includes a forfeiture provision to deprive firearms 
traffickers and their organizations of proceeds that are often 
used to acquire additional weapons or otherwise support their 
illicit activities. Under this new forfeiture provision, a 
judge would be authorized to impose a fine equal to twice the 
amount of the gross proceeds acquired through the relevant 
criminal conduct.
    The bill directs the United States Sentencing Commission to 
review and amend its guidelines and policy statements to ensure 
that persons convicted of offenses related to straw purchasing 
and firearms trafficking are subject to increased penalties in 
comparison to those currently provided by the guidelines and 
policy statements. This section makes clear Congress' intent 
that the applicable guideline penalties be increased and the 
guidelines and policy statements reflect the extremely serious 
nature of the straw purchasing and firearms trafficking 
offenses, and the need for an effective deterrent and 
appropriate punishment to prevent such offenses.
    In addition to the creation of new crimes specifically 
prohibiting straw purchasing and firearms trafficking, the bill 
amends existing firearms law to further combat these offenses. 
Section 922(d) prohibits the sale or disposition of firearms or 
ammunition to certain categories of individuals who are known, 
or reasonably believed to be, prohibited under law from 
possessing a firearm. The bills expands this provision to 
prohibit the sale or disposition of firearms or ammunition to 
anyone whom the transferor knows or has reasonable cause to 
believe intends, after receipt of the item, to then transfer 
the item to a prohibited person, export the item illegally, or 
transfer the time in furtherance of a crime of violence or drug 
trafficking offense. This provision is designed to target 
sophisticated gun trafficking schemes that use multiple levels 
of straw purchasers to avoid detection and prosecution. The 
bill increases the maximum sentence from 10 to 15 years for 
violations of section 922(d), and also for 922(g), which 
prohibits those same categories of individuals (e.g., convicted 
felons) from possessing firearms or ammunition.
    Current law prohibits individuals from transferring a 
firearm with knowledge that the firearm will be used to commit 
a crime of violence or a drug trafficking crime. This statute, 
18 U.S.C. section 924(h), requires the Government to prove that 
the defendant knew, at the time of transfer, that a firearm 
would actually be used in furtherance of a crime of violence or 
drug trafficking crime. This high standard allows traffickers 
to escape punishment in cases where they can claim that they 
strongly suspected, but did not know for certain, that a 
firearm would be used to commit a crime of violence or drug 
trafficking crime. The bill amends section 924(h) to prohibit 
the transfer of firearms or ammunition where the individual 
knows or has reasonable cause to believe that they will be used 
to commit one of the predicate offenses. In order to assist the 
efforts of law enforcement, particularly along the Southwest 
border, the bill also extends the prohibition to include 
violations of the Arms Export Control Act, the International 
Emergency Economic Powers Act, and the Foreign Narcotics 
Kingpin Designation Act.
    In recent years, trafficking organizations have exported 
large quantities of firearms from the United States to Mexico 
to support Mexican drug trafficking organizations. The Mexican 
government submitted to the ATF for tracing 112,287 firearms 
recovered between 2007 and June 30, 2012. Tracing revealed that 
76,853 of the firearms (68.4 percent) were sourced to the 
United States, meaning that the firearms were either 
manufactured in or legally imported to the United States.\14\ 
Current law, 18 U.S.C. Section 924(k), prohibits individuals 
from smuggling or otherwise bringing a firearm into the United 
States with the intent to engage in or promote a drug crime or 
violent crime. The bill expands this prohibition on firearms 
smuggling to cover the smuggling of firearms out of the United 
States in furtherance of drug trafficking or violent crimes. 
The bill also extends the prohibition to cover the smuggling of 
ammunition. The existing maximum sentence for smuggling 
firearms into the United States is increased to 15 years 
imprisonment, and the maximum sentence for the new crime of 
smuggling firearms out of the United States is set at 15 years 
imprisonment.
---------------------------------------------------------------------------
    \14\ATF Firearms Tracing System.
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          II. History of the Bill and Committee Consideration

                      A. INTRODUCTION OF THE BILL

    The Stop Illegal Trafficking in Firearms Act of 2013, S. 54 
was introduced on January 22, 2013, by Senators Leahy and 
Durbin. The bill was referred to the Committee on the 
Judiciary. After the bill's introduction, Senator Blumenthal 
joined as a co-sponsor. Since the bill was reported out of the 
Committee, Senators Collins, Gillibrand, Kirk, King, and 
Shaheen have joined as cosponsors.

                       B. COMMITTEE CONSIDERATION

1. Hearings

    In the aftermath of the tragedy in Newtown, Connecticut, 
the Senate Committee on the Judiciary and the Subcommittee on 
the Constitution, Civil Rights, and Human Rights held two 
hearings relevant to straw purchasing and firearms trafficking. 
The Committee on the Judiciary held a hearing titled, ``What 
Should America Do About Gun Violence?'' on January 30, 2013. 
The witnesses at the hearing were Captain Mark Kelly, Americans 
for Responsible Solutions; David Kopel, Adjunct Professor at 
Denver University, Strum College of Law; James Johnson, Chief 
of the Baltimore County Police Department; Gayle Trotter, 
Attorney and Senior Fellow for the Independent Women's Forum; 
and Wayne LaPierre, Executive Vice President and Chief 
Executive Officer of the National Rifle Association. Former 
United States Representative Gabrielle Giffords gave brief 
remarks at the beginning of the hearing.
    The Subcommittee on the Constitution, Civil Rights, and 
Human Rights held a hearing titled ``Proposals to Reduce Gun 
Violence: Protecting Our Communities While Respecting the 
Second Amendment,'' on February 12, 2013. The witnesses at the 
hearing were Timothy Heaphy, United States Attorney for the 
Western District of Virginia; Laurence Tribe, Professor at 
Harvard Law School; Dr. Daniel Webster, Director and Professor 
at the John Hopkins Center for Gun Policy and Research; Sandra 
Wortham; Charles Cooper, Partner at Cooper & Kirk; and Suzanna 
Hupp.
    The witness testimony for these hearings is available at:

    http://www.judiciary.senate.gov/hearings/hearing.cfm?id= 
8ddfce272f36de81e62e30d8153a7d3a

    http://www.judiciary.senate.gov/hearings/hearing.cfm?id= 
eed1f8b2e83fd7365bee9cb8432af898

2. Executive Business Meetings

    This legislation, S. 54, was placed on the Committee's 
agenda for consideration on February 28, 2013. It was held over 
on that date.
    On March 7, 2013, the Committee considered S. 54. Chairman 
Leahy offered a substitute amendment to the bill, and explained 
that the text of the substitute amendment was identical to S. 
443, a bipartisan bill introduced earlier that week by Senators 
Leahy, Collins, Durbin, Gillibrand, and Kirk. The substitute 
amendment was adopted by unanimous consent.
    Senator Grassley offered an amendment that would require 
the Attorney General, Deputy Attorney General, or Assistant 
Attorney General for the Criminal Division to personally 
authorize any Department of Justice operation where a Federal 
firearms licensee (FFL) is directed, instructed, enticed, or 
otherwise encouraged to sell a firearm to a straw purchaser. 
The amendment was adopted by unanimous consent.
    The Committee then voted to report S. 54, the Stop Illegal 
Trafficking in Firearms Act, as amended, favorably to the 
Senate. The Committee proceeded by roll call vote as follows:
    Tally: 11 Yeas, 7 Nays
    Yeas (11): Leahy (D-VT), Feinstein (D-CA), Schumer (D-NY), 
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Hirono (D-HI), Grassley 
(R-IA).
    Nays (7): Hatch (R-UT), Sessions (R-AL), Graham (R-SC), 
Cornyn (R-TX), Lee (R-UT), Cruz (R-TX), Flake (R-AZ).

              III. Section-by-Section Summary of the Bill

Sec. 1. Short title

    The short title of the bill is the ``Stop Illegal 
Trafficking in Firearms Act of 2013.''

Sec. 2. Table of Contents

    This section contains the table of contents for the bill.

Sec. 3. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing 
        and firearms trafficking amendments

    This section would create a new Section 932 in the firearms 
statute that would make it a crime to purchase a gun from a 
Federal Firearms Licensee (FFL) for, on behalf of, or at the 
request or demand of any other person.\15\ For purchases made 
from a private seller, this new section would make it a crime 
to purchase a gun for, on behalf of, or at the request or 
demand of someone who is prohibited from possessing a firearm 
(e.g., a convicted felon or someone adjudicated as mentally 
ill). The maximum sentence for this offense would be 15 years 
imprisonment, or 25 years imprisonment if the defendant knew or 
had reasonable cause to believe that any firearm involved would 
be used to commit a crime of violence. This section also 
ensures that convicted felons and other prohibited persons may 
not use pawn or consignment shops to circumvent this law, while 
including provisions expressly exempting other transactions 
that are allowed under current law, including: the lawful 
purchase from an FFL of a firearm as a legitimate gift for 
another person; the retrieval by a third person of a firearm 
repaired by a gunsmith; and the purchase of a firearm to be 
given to bona fide winners of an organized raffle, contest, or 
auction conducted in accordance with law and sponsored by a 
national, State, or local organization or association.
---------------------------------------------------------------------------
    \15\It is important to note that anyone purchasing a firearm from 
an FFL must already sign a Form 4473 stating that he or she is the 
``actual buyer'' of the firearm.
---------------------------------------------------------------------------
    This section also creates a new Federal firearms 
trafficking statute (Section 933) that would make it illegal to 
ship, transport, transfer, cause to be transported, or 
otherwise dispose of two or more firearms to someone that was 
known or reasonably believed to be prohibited from using or 
possessing a firearm under Federal law. This section also makes 
it a crime to receive from another person two or more firearms 
if the recipient knows or has reasonable cause to believe that 
such receipt would be in violation of Federal law. In addition, 
the section makes it a crime to attempt or conspire to violate 
this gun trafficking statute. Violators of this new trafficking 
statute would be subject to a maximum sentence of 15 years 
imprisonment, or 25 years imprisonment if the defendant acted 
in concert with five or more other persons and was an 
organizer, leader, supervisor, or manager of the trafficking 
activity.
    This section also includes a forfeiture provision that 
would deter straw purchasers and other firearms traffickers and 
deprive them and their organizations of proceeds that are often 
used to acquire additional weapons or otherwise support their 
illicit activities. Under this new forfeiture provision, a 
judge would be authorized to impose a fine equal to twice the 
amount of the gross proceeds acquired through the criminal 
conduct.
    This section also authorizes the use of electronic 
surveillance for investigating cases involving straw purchasers 
and firearms traffickers, as well as the felony firearms 
violations set forth in 18 U.S.C. 922 and 924. This section 
also adds new sections 932 and 933 as predicate violations for 
racketeering and money laundering violations.
    Finally, this section directs the United States Sentencing 
Commission to review and amend its guidelines and policy 
statements to ensure that persons convicted of offenses related 
to straw purchasing and firearms trafficking are subject to 
increased penalties in comparison to those currently provided 
by the guidelines and policy statements. This section makes 
clear Congress' intent that the applicable guideline penalties 
be increased and the guidelines and policy statements reflect 
the extremely serious nature of the straw purchasing and 
firearms trafficking offenses, and the need for an effective 
deterrent and appropriate punishment to prevent such offenses.

Sec. 4. Amendments to Section 922(d)

    Under current law, 18 U.S.C. Section 922(d), it is unlawful 
for any person to sell or otherwise dispose of a firearm or 
ammunition to any person, knowing or having reasonable cause to 
believe that the person is prohibited from possessing a firearm 
for any of the reasons set forth in Section 922(d). This 
section of the bill prohibits the transfer of firearms to 
individuals the transferor knows or has reasonable cause to 
believe intend to: sell or otherwise dispose of the firearm or 
ammunition to a prohibited person, or in furtherance of a crime 
of violence or drug trafficking offense, or export the firearm 
or ammunition in violation of law.

Sec. 5. Amendments to Section 924(a)

    This section increases the maximum sentence from 10 to 15 
years for violations of Sections 922(d) and 922(g). Section 
922(d) prohibits the sale or disposition of firearms or 
ammunition to certain categories of individuals who are known, 
or reasonably believed to be, prohibited under law from 
possessing a firearm. Section 922(g) prohibits those same 
categories of individuals (e.g., convicted felons) from 
possessing firearms or ammunition.

Sec. 6. Amendments to Section 924(h)

    Current law prohibits individuals from transferring a 
firearm with knowledge that the firearm would be used to commit 
a crime of violence or a drug trafficking crime. This statute, 
18 U.S.C. Section 924(h), requires the government to prove that 
the defendant knew, at the time of transfer, that a firearm 
would actually be used in furtherance of a crime of violence or 
drug trafficking crime. This section of the bill amends Section 
924(h) to prohibit the transfer of firearms or ammunition when 
the individual knows or has reasonable cause to believe that 
they will be used to commit one of the predicate offenses. In 
order to assist the efforts of law enforcement, particularly 
along the Southwest border, this section also extends the 
prohibition to include violations of the Arms Export Control 
Act, the International Emergency Economic Powers Act, and the 
Foreign Narcotics Kingpin Designation Act. This section also 
makes it unlawful to attempt or conspire to violate this 
provision.

Sec. 7. Amendments to Section 924(k)

    Current law, 18 U.S.C. 924(k), prohibits individuals from 
smuggling or otherwise bringing a firearm into the United 
States with the intent to engage in or promote a drug crime or 
violent crime. This section expands this prohibition on 
firearms smuggling to cover the smuggling of firearms out of 
the United States in furtherance of drug trafficking or violent 
crimes. This section would also make it a crime to attempt or 
conspire to violate this provision, and extends the prohibition 
to cover the smuggling of ammunition. These amendments would 
assist law enforcement in their efforts to combat trafficking 
organizations that export large quantities of firearms and 
ammunition from the United States into Mexico to support 
Mexican drug trafficking organizations. The existing maximum 
sentence for smuggling firearms into the United States would be 
increased to 15 years imprisonment, and the maximum sentence 
for the new crime of smuggling firearms out of the United 
States would be set at 15 years imprisonment, as well.

Sec. 8. Limitation on Operations by the Department of Justice

    This section would require the Attorney General, the Deputy 
Attorney General, or the Assistant Attorney General for the 
Criminal Division to review and approve certain investigative 
operations concerning firearms.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 54, 
the following estimate and comparison prepared by the Director 
of the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974:

                                                    March 20, 2013.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 54, the Stop Illegal 
Trafficking in Firearms Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 54--Stop Illegal Trafficking in Firearms Act of 2013

    CBO estimates that implementing S. 54 would have no 
significant cost to the federal government. Enacting the bill 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any 
effects would be insignificant for each year.
    S. 54 would establish new federal crimes, expand or modify 
existing crimes, and increase penalties for offenses related to 
firearms trafficking. The bill would specifically ban the 
purchase of firearms on behalf of individuals who are 
prohibited from buying or possessing a firearm (known as 
``straw purchases''). As a result, the government might be able 
to pursue cases that it otherwise would not be able to 
prosecute. CBO expects that S. 54 would apply to a relatively 
small number of additional offenders, however, so any increase 
in costs for law enforcement, court proceedings, or prison 
operations would not be significant. Any such costs would be 
subject to the availability of appropriated funds.
    Because those prosecuted and convicted under S. 54 could be 
subject to criminal fines, the federal government might collect 
additional fines if the legislation is enacted. Criminal fines 
are deposited as revenues in the Crime Victims Fund and later 
spent. CBO expects that any additional revenues and direct 
spending would not be significant because of the relatively 
small number of cases likely to be affected.
    S. 54 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA). S. 54 would impose a 
private-sector mandate, as defined in UMRA, by banning the 
purchase of firearms under certain conditions. CBO expects that 
relatively few transactions would become unlawful under the 
bill. Therefore, CBO estimates that the cost, if any, of 
complying with the mandate would be minimal and would fall well 
below the annual threshold for private-sector mandates ($150 
million in 2013, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Mark 
Grabowicz, for federal costs, and Paige Piper/Bach, for impacts 
on the private sector. The estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 54.

                             VI. Conclusion

    Straw purchasing and firearms trafficking contribute to 
violent crime across the United States, yet no existing Federal 
law specifically targets these practices. Law enforcement has 
complained for years that current laws are insufficient and new 
tools are needed to combat sophisticated trafficking 
organizations. The Stop Illegal Trafficking in Firearms Act is 
a bipartisan bill that gives law enforcement the tools it needs 
to address these issues, while ensuring that innocent transfers 
remain legal. The Committee believes that Congress should come 
together to pass this vital legislation.

                   VII. Additional and Minority Views

                              ----------                              

                 ADDITIONAL VIEWS FROM SENATOR GRASSLEY

    Federal legislation addressing straw purchasing and gun 
trafficking will help strengthen efforts to combat illicit 
firearms.
    When I conducted my oversight of the Justice Department's 
failed Operation Fast and Furious, I was told by whistleblowers 
that there were gaps in federal law concerning straw purchasers 
that should be addressed. And I agree.
    As originally introduced, S. 54 contained no trafficking 
provisions. And it was far broader than the bill the Committee 
reported. For instance, it would have prohibited with minor 
exceptions all purchases of firearms by a person on behalf of 
someone else. That would have led to criminal liability for 
law-abiding gun owners, severely limited private sales of 
firearms, and destroyed legitimate business operations. 
Fortunately, during the time that the Committee considered the 
bill, Chairman Leahy adopted many, although not all, of my 
requested changes to the bill. These changes made the bill 
better and reduced the negative side effects of previous 
versions.
    At the same time, the bill was broadened to include 
prohibitions on gun trafficking that Senator Gillibrand had 
originally proposed. In my view, that bill as introduced also 
raised significant concerns. I asked Senator Gillibrand to make 
changes to her bill as well, some of which were the same as I 
raised with regard to S. 54. The sponsors must have believed 
that these changes improved the bills because so many were 
included in the combined bill that the Committee reported. It 
is worth describing some of the many changes that have been 
made.
    As introduced, the trafficking bill would have made a 
federal crime of transporting two or more guns if the person 
knew that the result would be a violation of state or local 
law. That would have given states and localities a one-way 
incentive to add new gun control measures and foist the cost of 
prosecution and incarceration on the federal government. It 
also would have created for the first time a situation in which 
violation of a state criminal law was an element of a federal 
offense. Similar problems arose with respect to language in the 
original S. 54. All of that language from both the trafficking 
and straw purchasing bills has been removed.
    For the trafficking bill, I requested major and minor 
drafting suggestions, including clarifying what intent was 
necessary to commit the crime, harmonizing penalties, changing 
the gift exception, altering the directive for the Sentencing 
Commission, and others.
    For the straw purchasing bill, it is now directed only at 
straw purchasers, not all transfers on behalf of another. This 
allows people to buy for people as part of a legitimate 
business. It preserves private sales. Now the bill is directed 
to actual straw purchasers: those who purchase a gun on behalf 
of a prohibited person. And changes were made to the penalties 
the bill would impose. Language regarding sales to persons who 
do not reside in a state was revised at my suggestion. Language 
was removed concerning materiality of false statements on the 
forms. Rules for purchases from licensed dealers were separated 
from those for private sales. Unlike the original S. 54, the 
bill is now limited to engaging indirectly in conduct that is 
already illegal. It expressly tracks the language of current 
law in many respects. As a result of all these changes, the 
rights of law-abiding citizens are far more protected in ways 
that were not the case in either the original straw purchasing 
bill or the original trafficking bill.
    With these positive changes, including inclusion of an 
amendment of mine that I will describe below, I voted to report 
this bill to the full Committee.
    At the same time that I announced my willingness to report 
the bill, I noted that a number of Committee members believe 
that the bill needs more work before the Senate considers it. I 
myself have concerns regarding penalties the bill imposes 
compared with penalties for existing crimes, as well as 
concerns that the bill may establish traps for the unwary but 
law-abiding citizen. At the Committee markup, Chairman Leahy 
promised to work with me to address my concerns. Based on that 
understanding, and the adoption of my amendment, I voted to 
report the bill to the full Senate.
    As part of my investigation into the Justice Department's 
flawed Operation Fast & Furious, an operation where nearly 
2,000 firearms were sold to straw purchasers without plans to 
interdict or disrupt the firearms from falling into the wrong 
hands, we learned that the tactics used by the ATF were 
disclosed to the Assistant Attorney General for the Criminal 
Division, prior to their use. Specifically, we learned that the 
tactics used by the ATF in this flawed operation were disclosed 
to the Assistant Attorney General for the Criminal Division as 
part of wiretap applications. Those applications contained a 
detailed description of these flawed tactics of letting guns 
walk from gun dealers, into the hands of known or suspected 
straw purchasers. We later learned through interviews and 
public testimony from others, this information was provided to 
the Assistant Attorney General, Lanny A. Breuer.
    The applications were signed by various Deputies of the 
Assistant Attorney General. These deputies claimed they were 
unaware of the tactics because signing these applications was a 
formality. They claimed they didn't understand that they were 
explicitly authorizing the risky tactics--even though field 
level supervisors through Main Justice were on board. This 
apparent lack of understanding by senior leadership about the 
risky strategies employed by the ATF represents a major failure 
at the Justice Department. It has cost the lives of at least 
one Federal agent, Border Patrol Agent Brian Terry, and others 
in violence throughout Mexico. Given the volume of firearms 
that were allowed to ``walk'' by the ATF, nearly 2,000, we 
won't know the true human cost of this failure and the 
countless victims it caused for years to come. A failure of 
this magnitude should never be repeated and it is our duty to 
expressly prohibit the Justice Department from conducting 
future operations that employ similar tactics to those used in 
Fast & Furious.
    To correct this, I offered an amendment at mark-up to 
provide reasonable limitations on the conduct of the Justice 
Department to prevent future operations of this sort. My 
amendment would require that the Attorney General, Deputy 
Attorney General, or Assistant Attorney General for the 
Criminal Division sign off on law enforcement operations where 
federal firearms licensees are directed or enticed into selling 
firearms to individuals the Justice Department believes are 
purchasing guns on behalf of another for illegal purposes.
    This amendment would ensure better communication by 
requiring explicit written authorization for these types of 
tactics. It also requires that in these instances, the Justice 
Department have a plan that includes sufficient safeguards to 
prevent firearms from being transferred to third parties 
without reasonable steps for law enforcement to interdict the 
firearms. Operations with these types of tactics and risks 
should be signed off on at the highest level to ensure 
appropriate safeguards exist to prevent guns from walking.
    My amendment provides a modest limitation to Justice 
Department operations, not by specifically limiting conduct, 
but by requiring approval from political appointees who should 
be held accountable for authorizing risky operations. If the 
Government is going to employ these types of tactics--and they 
shouldn't--at the least, the Department owes the American 
people an understanding of how these tactics came to be 
approved. This is a modest amendment designed to keep 
operational flexibility at the Department, provided senior 
officials acknowledge the tactics, approve them, and can be 
held responsible should the tactics fail. It is important and 
the Committee's vote to adopt it unanimously--despite the vocal 
opposition of the Justice Department--shows it.
    Despite the adoption of my amendment, I continue to have 
reservations concerning the bill. Unless my concerns are fully 
resolved when S. 54 is considered by the full Senate, I will 
not vote for final passage of the bill. I reserve the right to 
support amendments on the floor that I believe would improve 
the bill. And I also reserve my right to oppose the bill when 
the full Senate considers it if amendments are added that I 
cannot support.
    Nonetheless, I continue to believe that gun trafficking and 
straw purchasing are serious crimes that federal law does not 
adequately address. I very much hope that the process of 
improving the bill will continue when the full Senate considers 
S. 54.

                                                    Chuck Grassley.

  MINORITY VIEWS FROM SENATORS HATCH, SESSIONS, GRAHAM, CORNYN, LEE, 
                            CRUZ, AND FLAKE

    In response to the tragic shooting in Newtown, Connecticut, 
the President proposed a plan calling for new gun laws that 
impose serious penalties for straw purchasing and gun 
trafficking. All members of the Committee agree straw 
purchasing and gun trafficking are serious problems. However, 
we cannot support S. 54 because it is not tailored to suit the 
needs of law enforcement and unnecessarily infringes on the 
constitutional rights of law-abiding citizens. The bill creates 
new categories of persons prohibited from being sold a firearm 
and establishes a number of vague new federal criminal 
offenses, the potentially far-reaching consequences of which 
are unclear.
    As the majority views note, existing gun laws do not 
specifically prohibit the act of buying a firearm on behalf of 
another. But, current law does prohibit making a material false 
statement in connection with the purchase of a firearm from a 
federal firearm licensee (FFL) or making a false or fictitious 
oral or written statement, including stating you are the 
``actual buyer'' rather than ``acquiring the firearm(s) on 
behalf of another person,'' or furnishing any false 
identification meant to deceive an FFL in connection with the 
purchase of a firearm.\1\ It is also unlawful for any person to 
sell a firearm to a prohibited person, for a prohibited person 
to possess a firearm, and for a person to transfer a firearm 
knowing it will be used to commit a crime of violence or drug 
trafficking crime.\2\
---------------------------------------------------------------------------
    \1\18 U.S.C. Sec. 924(a)(1)(A); 18 U.S.C. Sec. 922(a)(6).
    \2\18 U.S.C. Sec. 922(d); 18 U.S.C. Sec. 922(g); 18 U.S.C. 
Sec. 924(h).
---------------------------------------------------------------------------
    This bill creates a new category of prohibited people--
those who intend to break the law, but have not done so yet and 
may never act. Thus, this bill would make it illegal to 
purchase a firearm for a person who intends to sell or dispose 
of the firearm or ammunition to a prohibited person, or who 
intends to use, possess, or sell the firearm in furtherance of 
a crime of violence or drug trafficking offense, or who intends 
to export the firearm in violation of law. In current law, all 
of the existing classes of ``prohibited persons'' are 
categorized as such because they are capable of being 
identified in an objective manner based on their actions. 
Holding the purchaser of a firearm, who later resells it, 
criminally liable for the future potential actions of a future 
buyer is too attenuated. To be sure, it is the seller's 
responsibility to reasonably know whether the person who seeks 
to purchase a firearm is prohibited from doing so under the 
law. However, it is dangerous to extend criminal liability to a 
seller of a firearm based on the subjective intent of the non-
prohibited person who seeks to purchase a firearm with the 
intent to transfer it to someone else who may commit a crime. 
Under this bill, the seller has a duty to accurately judge the 
intent of the purchaser regarding the yet unaccomplished acts 
of another.
    According to the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives (ATF), in 2011, the average time between the initial 
purchase of a firearm and the recovery of that firearm in a 
crime was more than 11 years.\3\ Judging whether the actual 
purchaser intends to use the firearm in furtherance of a crime 
of violence is difficult enough, but this bill goes a step 
further by asking a seller to judge whether the purchaser 
intends to sell the gun to another person who will then use it 
in a crime of violence or drug trafficking crime at some point 
in the future. The connection is far too attenuated to justify 
criminal liability on its account.
---------------------------------------------------------------------------
    \3\ATF, Firearms Trace Data--2011, http://www.atf.gov/statistics/
trace-data/2011-trace-data.html
---------------------------------------------------------------------------
    Similarly, the bill's raffle exception is not clear with 
respect to who would be liable for the purchase of a weapon 
that is given to a raffle or contest winner who is subsequently 
found to be a prohibited person. As the language of the 
exception states, the raffle, contest, or auction must be 
sponsored by a national, State, or local organization or 
association. As Senator Cornyn stated at the Executive Business 
Meeting, this bill could ensnare an innocent purchaser of a 
firearm who is merely a volunteer or employee of the 
organization and who plays no role in transferring the firearm 
to the raffle winner. According to the bill, this innocent 
volunteer or employee could be liable for purchasing a firearm 
for the winner of a raffle--who at the time of the purchase is 
unknown--and who is suffering from a mental disorder or is a 
convicted felon. The confusion surrounding this exception is 
exacerbated when one considers the penalty of forfeiture that 
would accompany a violation by someone who was not connected 
with the actual transfer of the firearm to the raffle winner.
    Another concern is some of the penalties in this bill are 
unnecessarily high and some provisions will create confusion in 
the code. For example, a violation of Section 932(b)(J) carries 
a maximum sentence of 15 years while Section 932(c)(2) carries 
a 25 year maximum penalty for the same crime, transferring the 
firearm with reasonable cause to believe it will be used in a 
crime of violence. While it is important to send a message to 
criminals that violations of federal gun laws will have serious 
consequences, it is widely known that most straw purchasers do 
not have criminal records and likely would be deterred by 
current sentencing levels if the laws were actually being 
enforced. This Committee has held three hearings on the issue 
of gun violence during which we heard expert testimony stating 
the lack of prosecutions for attempts to purchase a gun on 
behalf of a prohibited person is a major problem. The 
Department of Justice argues it needs better tools to address 
these problems because they do not have enough resources to 
prosecute ``lie and buy'' offenses, which are perceived as 
``paperwork'' violations and have low jury appeal. However, 
increasing statutory maximums to levels that far surpass 
current, unenforced statutory levels does not achieve the 
stated goal. Penalties are irrelevant if criminals are not 
prosecuted. It also seems incongruous to increase the maximum 
sentence for someone who sells a firearm to a prohibited 
person, such as a drug user, when some are contemplating 
legislation that would circumvent mandatory minimums for those 
who use guns in drug trafficking crimes.
    Additionally, the bill creates a new federal firearms 
trafficking crime that carries a maximum sentence of 25 years 
if a violation is committed by a person who acts in concert 
with five or more persons and occupies a position of leadership 
in the group. We commend the effort to target organizations 
engaged in gun trafficking; however, designating a set number 
of persons with whom an organizer must act in concert to 
receive an increased sentence runs the risk of making the 
increased penalty irrelevant. Arbitrarily setting the number of 
persons who must act in concert at five could serve to 
encourage organizations to commit gun trafficking operations in 
smaller groups to evade the higher penalty.
    We support the concept of legislation that directly 
addresses the issue of straw purchasing and trafficking. 
However, we cannot support S. 54, as it is needlessly 
complicated and expands the scope of the Committee's efforts 
past the issue of straw purchasing to include the 
criminalization of acts that should not be criminal. This bill 
does not narrowly address the existing ``lie and buy'' 
provisions. This bill expands the reach of federal gun laws by 
prohibiting the purchase of a firearm on behalf of not only a 
prohibited person, but any person. It is no consolation to the 
American people that the Department of Justice ``assures'' 
Congress it will not use these provisions to target law-abiding 
citizens who are ``inadvertently'' swept up by the unintended 
consequences of this bill, particularly when the only stated 
justification for that policy is a lack of resources at the 
Department.
                                   Orrin G. Hatch.
                                   Jeff Sessions.
                                   Lindsey Graham.
                                   John Cornyn.
                                   Michael S. Lee.
                                   Ted Cruz.
                                   Jeff Flake.
      VIII. Changes to Existing Law Made by the Bill, As Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S.54, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

                           UNITED STATES CODE

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *

Sec. 921. Definitions
Sec. 922. Unlawful acts
Sec. 923. Licensing
Sec. 924. Penalties
Sec. 925. Exceptions: Relief from disabilities
Sec. 925A. Remedy for erroneous denial of firearm
Sec. 926. Rules and regulations
Sec. 926A. Interstate transportation of firearms
Sec. 926B. Carrying of concealed firearms by qualified law enforcement 
          officers
Sec. 926C. Carrying of concealed firearms by qualified retired law 
          enforcement officers
Sec. 927. Effect on State law
Sec. 928. Separability
Sec. 929. Use of restricted ammunition
Sec. 930. Possession of firearms and dangerous weapons in Federal 
          facilities
Sec. 931. Prohibition on purchase, ownership, or possession of body 
          armor by violent felons
Sec. 932. Straw purchasing of firearms
Sec. 933. Trafficking in firearms
Sec. 934. Forfeiture and fines

           *       *       *       *       *       *       *

SEC. 922. UNLAWFUL ACTS

           *       *       *       *       *       *       *

    (d) It shall be unlawful for any person to sell or 
otherwise dispose of any firearm or ammunition to any person 
knowing or having reasonable cause to believe that such 
person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101 (a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B) (i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; [or]
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence. This subsection shall not 
        apply with respect to the sale or disposition of a 
        firearm or ammunition to a licensed importer, licensed 
        manufacturer, licensed dealer, or licensed collector 
        who pursuant to subsection (b) of section 925 of this 
        chapter is not precluded from dealing in firearms or 
        ammunition, or to a person who has been granted relief 
        from disabilities pursuant to subsection (c) of section 
        925 of this chapter[.];
          (10) intends to sell or otherwise dispose of the 
        firearm or ammunition to a person described in any of 
        paragraphs (1) through (9); or
          (11) intends to sell or otherwise dispose of the 
        firearms or ammunition in furtherance of a crime of 
        violence or drug trafficking offense or to export the 
        firearm or ammunition in violation of law.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 is not precluded 
from dealing in firearms or ammunition, or to a person who has 
been granted relief from disabilities pursuant to subsection 
(c) of section 925.

           *       *       *       *       *       *       *

SEC. 924. PENALTIES

    (a) * * *
          (2) Whoever knowingly violates subsection (a)(6), 
        [(d), (g),] (h), (i), (j), or (o) of section 922 shall 
        be fined as provided in this title, imprisoned not more 
        than 10 years, or both.

           *       *       *       *       *       *       *

          (8) Whoever knowingly violates subsection (d) or (g) 
        of section 922 shall be fined under this title, 
        imprisoned not more than 15 years, or both.

           *       *       *       *       *       *       *

    [(h) Whoever knowingly transfers a firearm, knowing that 
such firearm will be used to commit a crime of violence (as 
defined in subsection (c)(3)) or drug trafficking crime (as 
defined in subsection (c)(2)) shall be imprisoned not more than 
10 years, fined in accordance with this title, or both.]
    (h)(1) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing or 
having reasonable cause to believe that such firearm or 
ammunition will be used to commit a crime of violence (as 
defined in subsection (c)(3)), a drug trafficking crime (as 
defined in subsection (c)(2)), or a crime under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the 
Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 
seq.), or section 212(a)(2)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned 
not more than 25 years, fined in accordance with this title, or 
both.
    (2) No term of imprisonment imposed on a person under this 
subsection shall run concurrently with any term of imprisonment 
imposed on the person under section 932.

           *       *       *       *       *       *       *

    [(k) A person who, with intent to engage in or to promote 
conduct that--
          [(1) is punishable under 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 
        chapter 705 of title 46;
          [(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
          [(3) constitutes a crime of violence (as defined in 
        subsection (c)(3)), smuggles or knowingly brings into 
        the United States a firearm, or attempts to do so, 
        shall be imprisoned not more than 10 years, fined under 
        this title, or both.]
    (k)(1) A person who, with intent to engage in or to promote 
conduct that--
          (A) is punishable under 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 
        chapter 705 of title 46;
          (B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
          (C) constitutes a crime of violence (as defined in 
        subsection (c)(3)), smuggles or knowingly brings into 
        the United States, a firearm or ammunition, or attempts 
        or conspires to do so, shall be imprisoned not more 
        than 15 years, fined under this title, or both.
    (2) A person who, with intent to engage in or to promote 
conduct that--
          (A) would be punishable under 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 chapter 705 of title 46, if the conduct had 
        occurred within the United States; or
          (B) would constitute a crime of violence (as defined 
        in subsection (c)(3)) for which the person may be 
        prosecuted in a court of the United States, if the 
        conduct had occurred within the United States, smuggles 
        or knowingly takes out of the United States, a firearm 
        or ammunition, or attempts or conspires to do so, shall 
        be imprisoned not more than 15 years, fined under this 
        title, or both.

           *       *       *       *       *       *       *

SEC. 932. STRAW PURCHASING OF FIREARMS

    (a) For purposes of this section--
          (1) the term ``crime of violence'' has the meaning 
        given that term in section 924(c)(3);
          (2) the term ``drug trafficking crime'' has the 
        meaning given that term in section 924(c)(2); and
          (3) the term ``purchase'' includes the receipt of any 
        firearm by a person who does not own the firearm--
                  (A) by way of pledge or pawn as security for 
                the payment or repayment of money; or
                  (B) on consignment.
    (b) It shall be unlawful for any person (other than a 
licensed importer, licensed manufacturer, licensed collector, 
or licensed dealer) to knowingly purchase, or attempt or 
conspire to purchase, any firearm in or otherwise affecting 
interstate or foreign commerce--
          (1) from a licensed importer, licensed manufacturer, 
        licensed collector, or licensed dealer for, on behalf 
        of, or at the request or demand of any other person, 
        known or unknown; or
          (2) from any person who is not a licensed importer, 
        licensed manufacturer, licensed collector, or licensed 
        dealer for, on behalf of, or at the request or demand 
        of any other person, known or unknown, knowing or 
        having reasonable cause to believe that such other 
        person--
                  (A) is under indictment for, or has been 
                convicted in any court of, a crime punishable 
                by imprisonment for a term exceeding 1 year;
                  (B) is a fugitive from justice;
                  (C) is an unlawful user of or addicted to any 
                controlled substance (as defined in section 102 
                of the Controlled Substances Act (21 U.S.C. 
                802));
                  (D) has been adjudicated as a mental 
                defective or has been committed to any mental 
                institution;
                  (E) is an alien who--
                          (i) is illegally or unlawfully in the 
                        United States; or
                          (ii) except as provided in section 
                        922(y)(2), has been admitted to the 
                        United States under a nonimmigrant visa 
                        (as that term is defined in section 
                        101(a)(26) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(26));
                  (F) has been discharged from the Armed Forces 
                under dishonorable conditions;
                  (G) having been a citizen of the United 
                States, has renounced his or her citizenship;
                  (H) is subject to a court order that 
                restrains such person from harassing, stalking, 
                or threatening an intimate partner of such 
                person or child of such intimate partner or 
                person, or engaging in other conduct that would 
                place an intimate partner in reasonable fear of 
                bodily injury to the partner or child, except 
                that this subparagraph shall only apply to a 
                court order that--
                          (i) was issued after a hearing of 
                        which such person received actual 
                        notice, and at which such person had 
                        the opportunity to participate; and
                          (ii)(I) includes a finding that such 
                        person represents a credible threat to 
                        the physical safety of such intimate 
                        partner or child; or
                          (II) by its terms explicitly 
                        prohibits the use, attempted use, or 
                        threatened use of physical force 
                        against such intimate partner or child 
                        that would reasonably be expected to 
                        cause bodily injury;
                  (I) has been convicted in any court of a 
                misdemeanor crime of domestic violence;
                  (J) intends to--
                          (i) use, carry, possess, or sell or 
                        otherwise dispose of the firearm or 
                        ammunition in furtherance of a crime of 
                        violence or drug trafficking crime; or
                          (ii) export the firearm or ammunition 
                        in violation of law;
                  (K)(i) does not reside in any State; and
                  (ii) is not a citizen of the United States; 
                or
                  (L) intends to sell or otherwise dispose of 
                the firearm or ammunition to a person described 
                in any of subparagraphs (A) through (K).
    (c)(1) Except as provided in paragraph (2), any person who 
violates subsection (b) shall be fined under this title, 
imprisoned for not more than 15 years, or both.
    (2) If a violation of subsection (b) is committed knowing 
or with reasonable cause to believe that any firearm involved 
will be used to commit a crime of violence, the person shall be 
sentenced to a term of imprisonment of not more than 25 years.
    (d) Subsection (b)(1) shall not apply to any firearm that 
is lawfully purchased by a person--
          (1) to be given as a bona fide gift to a recipient 
        who provided no service or tangible thing of value to 
        acquire the firearm, unless the person knows or has 
        reasonable cause to believe such recipient is 
        prohibited by Federal law from possessing, receiving, 
        selling, shipping, transporting, transferring, or 
        otherwise disposing of the firearm; or
          (2) to be given to a bona fide winner of an organized 
        raffle, contest, or auction conducted in accordance 
        with law and sponsored by a national, State, or local 
        organization or association, unless the person knows or 
        has reasonable cause to believe such recipient is 
        prohibited by Federal law from possessing, purchasing, 
        receiving, selling, shipping, transporting, 
        transferring, or otherwise disposing of the firearm.

SEC. 933. TRAFFICKING IN FIREARMS

    (a) It shall be unlawful for any person to--
          (1) ship, transport, transfer, cause to be 
        transported, or otherwise dispose of 2 or more firearms 
        to another person in or otherwise affecting interstate 
        or foreign commerce, if the transferor knows or has 
        reasonable cause to believe that the use, carrying, or 
        possession of a firearm by the transferee would be in 
        violation of, or would result in a violation of, any 
        Federal law punishable by a term of imprisonment 
        exceeding 1 year;
          (2) receive from another person 2 or more firearms in 
        or otherwise affecting interstate or foreign commerce, 
        if the recipient knows or has reasonable cause to 
        believe that such receipt would be in violation of, or 
        would result in a violation of, any Federal law 
        punishable by a term of imprisonment exceeding 1 year; 
        or
          (3) attempt or conspire to commit the conduct 
        described in paragraph (1) or (2).
    (b)(1) Except as provided in paragraph (2), any person who 
violates subsection (a) shall be fined under this title, 
imprisoned for not more than 15 years, or both.
    (2) If a violation of subsection (a) is committed by a 
person in concert with 5 or more other persons with respect to 
whom such person occupies a position of organizer, leader, 
supervisor, or manager, the person shall be sentenced to a term 
of imprisonment of not more than 25 years.

SEC. 934. FORFEITURE AND FINES

    (a)(1) Any person convicted of a violation of section 932 
or 933 shall forfeit to the United States, irrespective of any 
provision of State law--
          (A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, 
        as the result of such violation; and
          (B) any of the person's property used, or intended to 
        be used, in any manner or part, to commit, or to 
        facilitate the commission of, such violation.
    (2) The court, in imposing sentence on a person convicted 
of a violation of section 932 or 933, shall order, in addition 
to any other sentence imposed pursuant to section 932 or 933, 
that the person forfeit to the United States all property 
described in paragraph (1).
    (b) A defendant who derives profits or other proceeds from 
an offense under section 932 or 933 may be fined not more than 
the greater of--
          (1) the fine otherwise authorized by this part; and
          (2) the amount equal to twice the gross profits or 
        other proceeds of the offense under section 932 or 933.

           *       *       *       *       *       *       *

CHAPTER 58--UNITED STATES SENTENCING COMMISSION

           *       *       *       *       *       *       *

SEC. 994. DUTIES OF THE COMMISSION

           *       *       *       *       *       *       *

    DIRECTIVE TO SENTENCING COMMISSION.--Pursuant to its 
authority under section 994 of title 28, United States Code, 
and in accordance with this section, the United States 
Sentencing Commission shall review and amend its guidelines and 
policy statements to ensure that persons convicted of an 
offense under section 932 or 933 of title 18, 1 United States 
Code and other offenses applicable to the straw purchases and 
firearms trafficking of firearms are subject to increased 
penalties in comparison to those currently provided by the 
guidelines and policy statements for such straw purchasing and 
firearms trafficking offenses. The Commission shall also review 
and amend its guidelines and policy statements to reflect the 
intent of Congress that a person convicted of an offense under 
section 932 or 933 of title 18, United States Code, who is 
affiliated with a gang, cartel, organized crime ring, or other 
such enterprise should be subject to higher penalties than an 
otherwise unaffiliated individual.

           *       *       *       *       *       *       *

CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *

SEC. 1956. LAUNDERING OF MONETARY INSTRUMENTS

           *       *       *       *       *       *       *

    (c) As used in this section--

           *       *       *       *       *       *       *

          (7) the term ``specified unlawful activity'' means--

           *       *       *       *       *       *       *

                  (D) an offense under section 32 (relating to 
                the destruction of aircraft), section 37 
                (relating to violence at international 
                airports), section 115 (relating to 
                influencing, impeding, or retaliating against a 
                Federal official by threatening or injuring a 
                family member), section 152 (relating to 
                concealment of assets; false oaths and claims; 
                bribery), section 175c (relating to the variola 
                virus), section 215 (relating to commissions or 
                gifts for procuring loans), section 351 
                (relating to congressional or Cabinet officer 
                assassination), any of sections 500 through 503 
                (relating to certain counterfeiting offenses), 
                section 513 (relating to securities of States 
                and private entities), section 541 (relating to 
                goods falsely classified), section 542 
                (relating to entry of goods by means of false 
                statements), section 545 (relating to smuggling 
                goods into the United States), section 549 
                (relating to removing goods from Customs 
                custody), section 554 (relating to smuggling 
                goods from the United States), section 555 
                (relating to border tunnels), section 641 
                (relating to public money, property, or 
                records), section 656 (relating to theft, 
                embezzlement, or misapplication by bank officer 
                or employee), section 657 (relating to lending, 
                credit, and insurance institutions), section 
                658 (relating to property mortgaged or pledged 
                to farm credit agencies), section 666 (relating 
                to theft or bribery concerning programs 
                receiving Federal funds), section 793, 794, or 
                798 (relating to espionage), section 831 
                (relating to prohibited transactions involving 
                nuclear materials), section 844 (f) or (i) 
                (relating to destruction by explosives or fire 
                of Government property or property affecting 
                interstate or foreign commerce), section 875 
                (relating to interstate communications), 
                section 922 (l) (relating to the unlawful 
                importation of firearms), [section 924(n)] 
                section 924(n), 932, or 933 (relating to 
                firearms trafficking), section 956 (relating to 
                conspiracy to kill, kidnap, maim, or injure 
                certain property in a foreign country), section 
                1005 (relating to fraudulent bank entries), 
                1006 (relating to fraudulent Federal credit 
                institution entries), 1007 (relating to Federal 
                Deposit Insurance transactions), 1014 (relating 
                to fraudulent loan or credit applications), 
                section 1030 (relating to computer fraud and 
                abuse), 1032 (relating to concealment of assets 
                from conservator, receiver, or liquidating 
                agent of financial institution), section 1111 
                (relating to murder), section 1114 (relating to 
                murder of United States law enforcement 
                officials), section 1116 (relating to murder of 
                foreign officials, official guests, or 
                internationally protected persons), section 
                1201 (relating to kidnaping), section 1203 
                (relating to hostage taking), section 1361 
                (relating to willful injury of Government 
                property), section 1363 (relating to 
                destruction of property within the special 
                maritime and territorial jurisdiction), section 
                1708 (theft from the mail), section 1751 
                (relating to Presidential assassination), 
                section 2113 or 2114 (relating to bank and 
                postal robbery and theft), section 2252A 
                (relating to child pornography) where the child 
                pornography contains a visual depiction of an 
                actual minor engaging in sexually explicit 
                conduct, section 2260 (production of certain 
                child pornography for importation into the 
                United States), section 2280 (relating to 
                violence against maritime navigation), section 
                2281 (relating to violence against maritime 
                fixed platforms), section 2319 (relating to 
                copyright infringement), section 2320 (relating 
                to trafficking in counterfeit goods and 
                services), section 2332 (relating to terrorist 
                acts abroad against United States nationals), 
                section 2332a (relating to use of weapons of 
                mass destruction), section 2332b (relating to 
                international terrorist acts transcending 
                national boundaries), section 2332g (relating 
                to missile systems designed to destroy 
                aircraft), section 2332h (relating to 
                radiological dispersal devices), section 2339A 
                or 2339B (relating to providing material 
                support to terrorists), section 2339C (relating 
                to financing of terrorism), or section 2339D 
                (relating to receiving military-type training 
                from a foreign terrorist organization) of this 
                title, section 46502 of title 49, United States 
                Code, a felony violation of the Chemical 
                Diversion and Trafficking Act of 1988 (relating 
                to precursor and essential chemicals), section 
                590 of the Tariff Act of 1930 (19 U.S.C. 1590) 
                (relating to aviation smuggling), section 422 
                of the Controlled Substances Act (relating to 
                transportation of drug paraphernalia), section 
                38 (c) (relating to criminal violations) of the 
                Arms Export Control Act, section 11 (relating 
                to violations) of the Export Administration Act 
                of 1979, section 206 (relating to penalties) of 
                the International Emergency Economic Powers 
                Act, section 16 (relating to offenses and 
                punishment) of the Trading with the Enemy Act, 
                any felony violation of section 15 of the Food 
                and Nutrition Act of 2008 (relating to 
                supplemental nutrition assistance program 
                benefits fraud) involving a quantity of 
                benefits having a value of not less than 
                $5,000, any violation of section 543(a)(1) of 
                the Housing Act of 1949 (relating to equity 
                skimming), any felony violation of the Foreign 
                Agents Registration Act of 1938, any felony 
                violation of the Foreign Corrupt Practices Act, 
                or section 92 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2122) (relating to prohibitions 
                governing atomic weapons) environmental crimes.

           *       *       *       *       *       *       *

CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

           *       *       *       *       *       *       *

SEC. 1961. DEFINITIONS

           *       *       *       *       *       *       *

    (1) ``Racketeering Activity'' means--

           *       *       *       *       *       *       *

          (B) any act which is indictable under any of the 
        following provisions of title 18, United States Code: 
        Section 201 (relating to bribery), section 224 
        (relating to sports bribery), sections 471, 472, and 
        473 (relating to counterfeiting), section 659 (relating 
        to theft from interstate shipment) if the act 
        indictable under section 659 is felonious, section 664 
        (relating to embezzlement from pension and welfare 
        funds), sections 891-894 (relating to extortionate 
        credit transactions), section 932 (relating to straw 
        purchasing), section 933 (relating to trafficking in 
        firearms), section 1028 (relating to fraud and related 
        activity in connection with identification documents), 
        section 1029 (relating to fraud and related activity in 
        connection with access devices), section 1084 (relating 
        to the transmission of gambling information), section 
        1341 (relating to mail fraud), section 1343 (relating 
        to wire fraud), section 1344 (relating to financial 
        institution fraud), section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), sections 1461-1465 (relating to obscene 
        matter), section 1503 (relating to obstruction of 
        justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1542 (relating to false statement in application and 
        use of passport), section 1543 (relating to forgery or 
        false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud 
        and misuse of visas, permits, and other documents), 
        sections 1581-1592 (relating to peonage, slavery, and 
        trafficking in persons)., [1] section 1951 (relating to 
        interference with commerce, robbery, or extortion), 
        section 1952 (relating to racketeering), section 1953 
        (relating to interstate transportation of wagering 
        paraphernalia), section 1954 (relating to unlawful 
        welfare fund payments), section 1955 (relating to the 
        prohibition of illegal gambling businesses), section 
        1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), section 1960 (relating to illegal 
        money transmitters), sections 2251, 2251A, 2252, and 
        2260 (relating to sexual exploitation of children), 
        sections 2312 and 2313 (relating to interstate 
        transportation of stolen motor vehicles), sections 2314 
        and 2315 (relating to interstate transportation of 
        stolen property), section 2318 (relating to trafficking 
        in counterfeit labels for phone records, computer 
        programs or computer program documentation or packaging 
        and copies of motion pictures or other audiovisual 
        works), section 2319 (relating to criminal infringement 
        of a copyright), section 2319A (relating to 
        unauthorized fixation of and trafficking in sound 
        recordings and music videos of live musical 
        performances), section 2320 (relating to trafficking in 
        goods or services bearing counterfeit marks), section 
        2321 (relating to trafficking in certain motor vehicles 
        or motor vehicle parts), sections 2341-2346 (relating 
        to trafficking in contraband cigarettes), sections 
        2421-24 (relating to white slave traffic), sections 
        175-178 (relating to biological weapons), sections 229-
        229F (relating to chemical weapons), section 831 
        (relating to nuclear materials),

           *       *       *       *       *       *       *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *

SEC. 2516. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC 
                    COMMUNICATIONS

           *       *       *       *       *       *       *

    (1)(n) any felony violation of sections 922 [and 924], 924, 
932, 933 of title 18, United States Code (relating to 
firearms);

           *       *       *       *       *       *       *

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

           *       *       *       *       *       *       *

SEC. 531. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.

    The Department of Justice, and any of its law enforcement 
coordinate agencies, shall not conduct any operation where a 
Federal firearms licensee is directed, instructed, enticed, or 
otherwise encouraged by the Department of Justice to sell a 
firearm to an individual if the Department of Justice, or a 
coordinate agency, knows or has reasonable cause to believe 
that such an individual is purchasing on behalf of another for 
an illegal purpose unless the Attorney General, the Deputy 
Attorney General, or the Assistant Attorney General for the 
Criminal Division personally reviews and approves the 
operation, in writing, and determines that the agency has 
prepared an operational plan that includes sufficient 
safeguards to prevent firearms from being transferred to third 
parties without law enforcement taking reasonable steps to 
lawfully interdict those firearms.

                                  
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