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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1025 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 1025

_______________________________________________________________________

                               AMENDMENT
                  In the Senate of the United States,

                       November 20 (legislative day, November 2), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
1025) entitled ``An Act to provide for a waiting period before the 
purchase of a handgun, and for the establishment of a national instant 
criminal background check system to be contacted by firearms dealers 
before the transfer of any firearm'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                     TITLE I--BRADY HANDGUN CONTROL

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Brady Handgun Violence Prevention 
Act''.

SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL 
              BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NON-
              LICENSEE.

    (a) Interim Provision.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(s)(1) Beginning on the date that is 90 days after the date of 
enactment of this subsection and ending either on the day before the 
date that is 48 months after such date of enactment unless the Attorney 
General extends the date by twelve additional months, or on the day 
that the Attorney General notifies the licensees in all of the States 
under section 103(d) of the Brady Handgun Violence Prevention Act, 
whichever occurs earlier, it shall be unlawful for any licensed 
importer, licensed manufacturer, or licensed dealer to sell, deliver, 
or transfer a handgun to an individual who is not licensed under 
section 923, unless--
            ``(A) after the most recent proposal of such transfer by 
        the transferee--
                    ``(i) the transferor has--
                            ``(I) received from the transferee a 
                        statement of the transferee containing the 
                        information described in paragraph (3);
                            ``(II) verified the identity of the 
                        transferee by examining the identification 
                        document presented;
                            ``(III) within 1 day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                            ``(IV) within 1 day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                    ``(ii)(I) 5 business days (meaning days on which 
                State offices are open) have elapsed from the date the 
                transferor furnished notice of the contents of the 
                statement to the chief law enforcement officer, during 
                which period the transferor has not received 
                information from the chief law enforcement officer that 
                receipt or possession of the handgun by the transferee 
                would be in violation of Federal, State, or local law; 
                or
                    ``(II) the transferor has received notice from the 
                chief law enforcement officer that the officer has no 
                information indicating that receipt or possession of 
                the handgun by the transferee would violate Federal, 
                State, or local law;
            ``(B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement officer 
        of the place of residence of the transferee during the 10-day 
        period ending on the date of the most recent proposal of such 
        transfer by the transferee, stating that the transferee 
        requires access to a handgun because of a threat to the life of 
        the transferee or of any member of the household of the 
        transferee;
            ``(C)(i) the transferee has presented to the transferor a 
        permit that--
                    ``(I) allows the transferee to possess or acquire a 
                handgun; and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a handgun by the transferee 
        would be in violation of the law;
            ``(D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed dealer 
        completes the transfer of a handgun to an individual who is not 
        licensed under section 923, an authorized government official 
        verify that the information available to such official does not 
        indicate that possession of a handgun by the transferee would 
        be in violation of law;
            ``(E) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(F) on application of the transferor, the Secretary has 
        certified that compliance with subparagraph (A)(i)(III) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the transferor at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer; and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a 
reasonable effort to ascertain within 5 business days whether receipt 
or possession would be in violation of the law, including research in 
whatever State and local recordkeeping systems are available and in a 
national system designated by the Attorney General.
    ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
            ``(A) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph of the 
        transferee and a description of the identification used;
            ``(B) a statement that transferee--
                    ``(i) is not under indictment for, and has not been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(ii) is not a fugitive from justice;
                    ``(iii) is not an unlawful user of or addicted to 
                any controlled substance (as defined in section 102 of 
                the Controlled Substances Act);
                    ``(iv) has not been adjudicated as a mental 
                defective or been committed to a mental institution;
                    ``(v) is not an alien who is illegally or 
                unlawfully in the United States;
                    ``(vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                    ``(vii) is not a person who, having been a citizen 
                of the United States, has renounced such citizenship;
            ``(C) the date the statement is made; and
            ``(D) notice that the transferee intends to obtain a 
        handgun from the transferor.
    ``(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer containing 
information that receipt or possession of the handgun by the transferee 
violates Federal, State, or local law shall, within 1 business day 
after receipt of such request, communicate any information related to 
the transfer the transferor has about the transfer and the transferee 
to--
            ``(A) the chief law enforcement officer of the place of 
        business of the transferor; and
            ``(B) the chief law enforcement officer of the place of 
        residence of the transferee.
    ``(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall not 
disclose such information except to the transferee, to law enforcement 
authorities, or pursuant to the direction of a court of law.
    ``(6)(A) Any transferor who sells, delivers, or otherwise transfers 
a handgun to a transferee shall retain the copy of the statement of the 
transferee with respect to the handgun transaction, and shall retain 
evidence that the transferor has complied with subclauses (III) and 
(IV) of paragraph (1)(A)(i) with respect to the statement.
    ``(B) Unless the chief law enforcement officer to whom a statement 
is transmitted under paragraph (1)(A)(i)(IV) determines that a 
transaction would violate Federal, State, or local law--
            ``(i) the officer shall, within 20 business days after the 
        date the transferee made the statement on the basis of which 
        the notice was provided, destroy the statement, any record 
        containing information derived from the statement, and any 
        record created as a result of the notice required by paragraph 
        (1)(A)(i)(III);
            ``(ii) the information contained in the statement shall not 
        be conveyed to any person except a person who has a need to 
        know in order to carry out this subsection; and
            ``(iii) the information contained in the statement shall 
        not be used for any purpose other than to carry out this 
        subsection.
    ``(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the individual 
requests the officer to provide the reason for such determination, the 
officer shall provide such reasons to the individual in writing within 
20 business days after receipt of the request.
    ``(7) A chief law enforcement officer or other person responsible 
for providing criminal history background information pursuant to this 
subsection shall not be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.
    ``(8) For purposes of this subsection, the term `chief law 
enforcement officer' means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual.
    ``(9) The Secretary shall take necessary actions to ensure that the 
provisions of this subsection are published and disseminated to 
licensed dealers, law enforcement officials, and the public.''.
            (2) Handgun defined.--Section 921(a) of title 18, United 
        States Code, is amended by adding at the end the following:
    ``(29) The term `handgun' means--
            ``(A) a firearm which has a short stock and is designed to 
        be held and fired by the use of a single hand; and
            ``(B) any combination of parts from which a firearm 
        described in subparagraph (A) can be assembled.''.
    (b) Permanent Provision.--Section 922 of title 18, United States 
Code, as amended by subsection (a)(1), is amended by adding at the end 
the following:
    ``(t)(1) Beginning on the date that is 30 days after the Attorney 
General notifies licensees under section 103(d)(1) of the Brady Handgun 
Violence Prevention Act that the national instant criminal background 
check system is established, and upon notification by the Attorney 
General to licensees that the system is operational and capable of 
supplying information immediately (during which 30-day period 
subsection (s) shall remain in effect), a licensed importer, licensed 
manufacturer, or licensed dealer shall not transfer a firearm to any 
other person who is not licensed under this chapter, unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 103 of that Act;
            ``(B)(i) the system provides the licensee with a unique 
        identification number; or
            ``(ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that the 
        receipt of a firearm by such other person would violate 
        subsection (g) or (n) of this section; and
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1028(d)(1) of this title) of the transferee 
        containing a photograph of the transferee.
    ``(2) If receipt of a firearm would not violate section 922 (g) or 
(n) or State law, the system shall--
            ``(A) assign a unique identification number to the 
        transfer;
            ``(B) provide the licensee with the number; and
            ``(C) destroy all records of the system with respect to the 
        call (other than the identifying number and the date the number 
        was assigned) and all records of the system relating to the 
        person or the transfer.
    ``(3) Paragraph (1) shall not apply to a firearm transfer between a 
licensee and another person if--
            ``(A)(i) such other person has presented to the licensee a 
        permit that--
                    ``(I) allows such other person to possess or 
                acquire a firearm; and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a firearm by such other person 
        would be in violation of law;
            ``(B) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(C) on application of the transferor, the Secretary has 
        certified that compliance with paragraph (1)(A) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the licensee at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer (as 
                defined in subsection (s)(8)); and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(4) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of a firearm by such other person 
would violate subsection (g) or (n) or State law, and the licensee 
transfers a firearm to such other person, the licensee shall include in 
the record of the transfer the unique identification number provided by 
the system with respect to the transfer.
    ``(5) If the licensee knowingly transfers a firearm to such other 
person and knowingly fails to comply with paragraph (1) of this 
subsection with respect to the transfer and, at the time such other 
person most recently proposed the transfer, the national instant 
criminal background check system was operating and information was 
available to the system demonstrating that receipt of a firearm by such 
other person would violate subsection (g) or (n) or State law of this 
section, the Secretary may, after notice and opportunity for a hearing, 
suspend for not more than 6 months or revoke any license issued to the 
licensee under section 923, and may impose on the licensee a civil fine 
of not more than $5,000.
    ``(6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the firearm 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a firearm.''.
    (c) Penalty.--Section 924(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``paragraph (2) or (3) 
        of''; and
            (2) by adding at the end the following:
    ``(5) Whoever knowingly violates subsection (s) or (t) of section 
922 shall be fined not more than $1,000, imprisoned for not more than 1 
year, or both.''.

SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Determination of Timetables.--Not later than 6 months after the 
date of enactment of this Act, the Attorney General shall--
            (1) determine the type of computer hardware and software 
        that will be used to operate the national instant criminal 
        background check system and the means by which State criminal 
        records systems and the telephone or electronic device of 
        licensees will communicate with the national system;
            (2) investigate the criminal records system of each State 
        and determine for each State a timetable by which the State 
        should be able to provide criminal records on an on-line 
        capacity basis to the national system; and
            (3) notify each State of the determinations made pursuant 
        to paragraphs (1) and (2).
    (b) Establishment of System.--
            (1) Determinations.--Not later than the date that is 24 
        months after the date of enactment of this Act, the Attorney 
        General shall determine whether--
                    (A) the equipment used to link State criminal 
                history records systems to the national criminal 
                history records system and the equipment necessary to 
                operate the national instant criminal background check 
                system are operational; and
                    (B) any group of States that--
                            (i) have at least 80 percent of the 
                        population of the United States; and
                            (ii) have reported during a 12-month period 
                        at least 80 percent of the number of crimes of 
                        violence reported by all of the States during 
                        that period,
                have achieved and maintained in each State at least 70 
                percent currency of case dispositions in computerized 
                criminal history files for all cases in which there has 
                been an event of activity within the last 5 years; and
                    (C) if such determinations are made in the 
                affirmative, the Attorney General shall certify that 
                the national system is established.
            (2) Establishment.--If the Attorney General makes an 
        affirmative finding with respect to the matters described in 
        paragraph (1)  (A) and (B), the Attorney General shall 
        establish a national instant criminal background check system 
        that any licensee may contact, by telephone and by other 
        electronic means in addition to the telephone, for information, 
        to be supplied immediately, on whether receipt of a firearm by 
        a prospective transferee would violate section 922 of title 18, 
        United States Code or State law.
    (c) Expedited Action by the Attorney General.--The Attorney General 
shall expedite--
            (1) the upgrading and indexing of State criminal history 
        records in the Federal criminal records system maintained by 
        the Federal Bureau of Investigation;
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the national 
        instant criminal background check system established by the 
        Attorney General pursuant to this section; and
            (3) the current revitalization initiatives by the Federal 
        Bureau of Investigation for technologically advanced 
        fingerprint and criminal records identification.
    (d) Notification of Licensees.--On establishment of the system 
under this section, the Attorney General shall notify each licensee and 
the chief law enforcement officer of each State of the existence and 
purpose of the system and the means to be used to contact the system.
    (e) States in compliance with timetable.--At any time at which the 
Attorney General determines that--
            (1) a State is in compliance with the timetable set for 
        that State under subsection (a); and
            (2) the State has achieved and maintains at least 70 
        percent currency of case dispositions in computerized criminal 
        history files for all cases in which there has been an event of 
        activity within the last 5 years,
the Attorney General shall notify each licensee in the State and the 
chief law enforcement officer of the State of the determination.
    (f) Administrative Provisions.--
            (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may secure 
        directly from any department or agency of the United States 
        such information on persons for whom receipt of a firearm would 
        violate subsection (g) or (n) of section 922 of title 18, 
        United States Code or State law, as is necessary to enable the 
        system to operate in accordance with this section. On request 
        of the Attorney General, the head of such department or agency 
        shall furnish such information to the system.
            (2) Other authority.--The Attorney General shall develop 
        such computer software, design and obtain such 
        telecommunications and computer hardware, and employ such 
        personnel, as are necessary to establish and operate the system 
        in accordance with this section.
    (g) Written Reasons Provided on Request.--If the national instant 
criminal background check system determines that an individual is 
ineligible to receive a firearm and the individual requests the system 
to provide the reasons for the determination, the system shall provide 
such reasons to the individual, in writing, within 5 business days 
after the date of the request.
    (h) Correction of Erroneous System Information.--If the system 
established under this section informs an individual contacting the 
system that receipt of a firearm by a prospective transferee would 
violate subsection (g) or (n) of section 922 of title 18, United States 
Code or State law, the prospective transferee may request the Attorney 
General to provide the prospective transferee with the reasons 
therefor. Upon receipt of such a request, the Attorney General shall 
immediately comply with the request. The prospective transferee may 
submit to the Attorney General information that to correct, clarify, or 
supplement records of the system with respect to the prospective 
transferee. After receipt of such information, the Attorney General 
shall immediately consider the information, investigate the matter 
further, and correct all erroneous Federal records relating to the 
prospective transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such erroneous 
records.
    (i) Regulations.--After 90 days' notice to the public and an 
opportunity for hearing by interested parties, the Attorney General 
shall prescribe regulations to ensure the privacy and security of the 
information of the system established under this section.
    (j) Prohibition Relating To Establishment of Registration Systems 
With Respect to Firearms.--No department, agency, officer, or employee 
of the United States may--
            (1) require that any record or portion thereof generated by 
        the system established under this section be recorded at or 
        transferred to a facility owned, managed, or controlled by the 
        United States or any State or political subdivision thereof; or
            (2) use the system established under this section to 
        establish any system for the registration of firearms, firearm 
        owners, or firearm transactions or dispositions, except with 
        respect to persons, prohibited by section 922 (g) or (n) of 
        title 18, United States Code or State law, from receiving a 
        firearm.
    (k) Definitions.--As used in this section:
            (1) Licensee.--The term ``licensee'' means a licensed 
        importer (as defined in section 921(a)(9) of title 18, United 
        States Code), a licensed manufacturer (as defined in section 
        921(a)(10) of that title), or a licensed dealer (as defined in 
        section 921(a)(11) of that title).
            (2) Other terms.--The terms ``firearm'', ``handgun'', 
        ``licensed importer'', ``licensed manufacturer'', and 
        ``licensed dealer'' have the meanings stated in section 921(a) 
        of title 18, United States Code, as amended by subsection 
        (a)(2).
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated, from the Violent Crime Reduction Trust Fund established 
by section 1115 of title 31, United States Code, such sums as are 
necessary to enable the Attorney General to carry out this section.

SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 925 the following new section:
``Sec. 925A. Remedy for erroneous denial of firearm
    ``Any person denied a firearm pursuant to subsection (s) or (t) of 
section 922--
            ``(1) due to the provision of erroneous information 
        relating to the person by any State or political subdivision 
        thereof, or by the national instant criminal background check 
        system established under section 103 of the Brady Firearm 
        Violation Prevention Act; or
            ``(2) who was not prohibited from receipt of a firearm 
        pursuant to subsection (g) or (n) of section 922,
may bring an action against the State or political subdivision 
responsible for providing the erroneous information, or responsible for 
denying the transfer, or against the United States, as the case may be, 
for an order directing that the erroneous information be corrected or 
that the transfer be approved, as the case may be. In any action under 
this section, the court, in its discretion, may allow the prevailing 
party a reasonable attorney's fee as part of the costs.''.
    (b) Technical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 925 the following new item:

``925A. Remedy for erroneous denial of firearm.''.

SEC. 105. RULE OF CONSTRUCTION.

    This Act and the amendments made by this Act shall not be construed 
to alter or impair any right or remedy under section 552a of title 5, 
United States Code.

SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

    (a) Use of Formula Grants.--Section 509(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) 
is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this subsection 
        and the records required by the Attorney General under section 
        103 of the Brady Handgun Violence Prevention Act, for the 
        purpose of implementing that Act.''.
    (b) Additional Funding.--
            (1) Grants for the improvement of criminal records.--The 
        Attorney General, through the Bureau of Justice Statistics, 
        shall, subject to appropriations and with preference to States 
        that as of the date of enactment of this Act have the lowest 
        percent currency of case dispositions in computerized criminal 
        history files, make a grant to each State to be used--
                    (A) for the creation of a computerized criminal 
                history record system or improvement of an existing 
                system;
                    (B) to improve accessibility to the national 
                instant criminal background system; and
                    (C) upon establishment of the national system, to 
                assist the State in the transmittal of criminal records 
                to the national system.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for grants under paragraph (1), from the 
        Violent Crime Reduction Trust Fund established by section 1115 
        of title 31, United States Code, a total of $200,000,000 for 
        fiscal year 1994 and all fiscal years thereafter.

SEC. 107. WITHHOLDING OF DEPARTMENT OF JUSTICE FUNDS.

    If the Attorney General does not certify the national instant 
criminal background check system pursuant to section 103(a) by--
            (1) 24 months after the date of enactment of this Act the 
        general administrative funds appropriated to the Department of 
        Justice for the fiscal year beginning in the calendar year in 
        which the date that is 24 months after the date of enactment of 
        this Act falls shall be reduced by 5 percent on a monthly 
        basis; and
            (2) 36 months after the date of enactment of this Act the 
        general administrative funds appropriated to the Department of 
        Justice for the fiscal year beginning in the calendar year in 
        which the date that is 36 months after the date of enactment of 
        this Act falls shall be reduced by 10 percent on a monthly 
        basis.

SEC. 108. WITHHOLDING STATE FUNDS.

    Effective on the date of enactment of this Act, the Attorney 
General may reduce by up to 50 percent the allocation to a State for a 
fiscal year under title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 of a State that is not in compliance with the timetable 
established for such State under section 103(a).

     TITLE II--MULTIPLE FIREARM PURCHASES TO STATE AND LOCAL POLICE

SEC. 201. REPORTING REQUIREMENT.

    Section 923(g)(3) of title 18, United States Code, is amended--
            (1) in the second sentence by inserting after ``thereon,'' 
        the following: ``, and to the department of State police or 
        State law enforcement agency of the State or local law 
        enforcement agency of the local jurisdiction in which the sale 
        or other disposition took place,'';
            (2) by inserting ``(A)'' after ``(3)''; and
            (3) by adding at the end thereof the following:
            ``(B) Except in the case of forms and contents thereof 
        regarding a purchaser who is prohibited by subsection (g) or 
        (n) of section 922 of this title from receipt of a firearm, the 
        department of State police or State law enforcement agency or 
        local law enforcement agency of the local jurisdiction shall 
        not disclose any such form or the contents thereof to any 
        person or entity, and shall destroy each such form and any 
        record of the contents thereof no more than 20 days from the 
        date such form is received. No later than the date that is 6 
        months after the effective date of this subparagraph, and at 
        the end of each 6-month period thereafter, the department of 
        State police or State law enforcement agency or local law 
        enforcement agency of the local jurisdiction shall certify to 
        the Attorney General of the United States that no disclosure 
        contrary to this subparagraph has been made and that all forms 
        and any record of the contents thereof have been destroyed as 
        provided in this subparagraph.''.

               TITLE III--FEDERAL FIREARMS LICENSE REFORM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Federal Firearms License Reform 
Act of 1993''.

SEC. 302. PREVENTION OF THEFT OF FIREARMS.

    (a) Common Carriers.--Section 922(e) of title 18, United States 
Code, is amended by adding at the end the following: ``No common or 
contract carrier shall require or cause any label, tag, or other 
written notice to be placed on the outside of any package, luggage, or 
other container that such package, luggage, or other container contains 
a firearm.''.
    (b) Receipt Requirement.--Section 922(f) of title 18, United States 
Code, is amended--
            (1) by inserting ``(1)'' after ``(f)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) It shall be unlawful for any common or contract carrier to 
deliver in interstate or foreign commerce any firearm without obtaining 
written acknowledgement of receipt from the recipient of the package or 
other container in which there is a firearm.''.
    (c) Licensing.--Section 923(c) of title 18, United States Code, is 
amended by inserting after the first sentence the following: ``A 
licensee may, in person, transfer or deliver firearms to, and receive 
firearms from, another licensee at any location without regard to the 
State which is specified on the license.''.
    (d) Unlawful Acts.--Section 922 of title 18, United States Code, as 
amended by section 302(b), is amended by adding at the end the 
following new subsection:
    ``(u) It shall be unlawful for a person to steal or unlawfully take 
or carry away from the person or the premises of a person who is 
licensed to engage in the business of importing, manufacturing, or 
dealing in firearms, any firearm in the licensee's business inventory 
that has been shipped or transported in interstate or foreign 
commerce.''.
    (e) Penalties.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(i)(1)(A) A person who knowingly violates section 922(u) shall be 
fined not more than $10,000, imprisoned not more than 10 years, or 
both.
    ``(B) A person who, during any robbery (as defined in section 1951) 
or riot (as defined in section 2104), violates section 922(u), shall be 
sentenced to imprisonment for 30 years, no part of which may be 
suspended or, if a death results, to life imprisonment without release.
    ``(2) Nothing contained in this subsection shall be construed as 
indicating an intent on the part of Congress to occupy the field in 
which provisions of this subsection operate to the exclusion of State 
laws on the same subject matter, nor shall any provision of this 
subsection be construed as invalidating any provision of State law 
unless such provision is inconsistent with any of the purposes of this 
subsection.''.

SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.

    Section 923(a)(3) of title 18, United States Code, is amended--
            (1) in subparagraph (B) by striking ``a pawnbroker dealing 
        in firearms other than'' and inserting ``not a dealer in'';
            (2) in subparagraph (B) by striking ``$25 per year'' and 
        inserting ``$200 for 3 years, except that the renewal of a 
        valid license shall be $90 for 3 years.''; and
            (3) by striking subparagraph (C).

SEC. 304. DEFINITION OF ANTIQUE FIREARMS.

    Section 921(a)(16)(A) of title 18, United States Code, is amended 
by striking ``1898'' and inserting ``1918''.

SEC. 305. COMMUNICATION WITH LICENSEES.

    Section 926 of title 18, United States Code, is amended--
            (1) by inserting at the end of subsection (b) the 
        following: ``In addition to such other requirements of law as 
        may be applicable, no rule or regulation shall be effective 
        until 30 days after a copy has been provided to all persons 
        licensed under this chapter.''; and
            (2) by inserting at the end thereof the following new 
        subsections:
    ``(d) The Secretary shall publish and provide to all licensees, not 
less than on a quarterly basis each year, all official rulings 
concerning this chapter and concerning chapter 53 of title 26, United 
States Code.
    ``(e) The Secretary shall publish and provide to all licensees, at 
such times as he shall deem necessary, the names and license numbers of 
all revoked firearms licensees.''.

                      TITLE IV--MENTAL DEFECTIVES

SEC. 401. NOTIFICATION OF ADJUDICATIONS OF PERSONS AS MENTAL DEFECTIVES 
              AND COMMITMENTS TO MENTAL INSTITUTIONS.

    Section 503(a) of title I of the Omnibus Safe Streets and Crime 
Control Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end 
the following new paragraph:
            ``(12) A certification that the State has established a 
        plan under which the State will provide to the Department of 
        Justice, without fee--
                    ``(A) within 30 days after the date on which any 
                person in the State is adjudicated as a mental 
                defective or committed to a mental institution, notice 
                of the adjudication or commitment; and
                    ``(B) within 30 days after the date on which the 
                Department of Justice requests it, a copy of the 
                certified record of the adjudication or commitment.''.

            Attest:

                                                             Secretary.

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