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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2037 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2037

  To combat youth violence and to protect children from violent crime.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 1999

Mr. McCollum (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To combat youth violence and to protect children from violent crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Safety and Youth Violence 
Prevention Act of 1999''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this bill is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Delinquency proceedings or criminal prosecutions in district 
                            courts.
Sec. 102. Custody prior to appearance before judicial officer.
Sec. 103. Technical and conforming amendments to section 5034.
Sec. 104. Detention prior to disposition or sentencing.
Sec. 105. Speedy trial.
Sec. 106. Disposition; availability of increased detention, fines and 
                            supervised release for juvenile offenders.
Sec. 107. Juvenile records and fingerprinting.
Sec. 108. Technical amendments of sections 5031 and 5034.
Sec. 109. Clerical amendments to table of sections for chapter 403.
        TITLE II--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS

Sec. 201. Armed criminal apprehension program.
Sec. 202. Annual reports.
Sec. 203. Authorization of appropriations.
Sec. 204. Cross-designation of Federal prosecutors.
     TITLE III--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES

Sec. 301. Gun storage and safety devices for firearms.
Sec. 302. Increased penalties for unlawful juvenile possession of 
                            firearms.
Sec. 303. Increased penalties and mandatory minimum sentence for 
                            unlawful transfer of firearm to juvenile.
Sec. 304. Prohibiting juveniles from possessing assault weapons.
Sec. 305. Responsibility of adults for death and injury caused by child 
                            access to firearms.
Sec. 306. Prohibiting possession of explosives by juveniles and young 
                            adults.
    TITLE IV--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES

Sec. 401. Mandatory background checks at gun shows.
Sec. 402. Instant check gun tax and gun owner privacy.
Sec. 403. Prohibition on firearms possession by violent juvenile 
                            offenders.
Sec. 404. Criminal prohibition on distribution of certain information 
                            relating to explosives, destructive 
                            devices, and weapons of mass destruction.
Sec. 405. Requiring thefts from common carriers to be reported.
Sec. 406. Voluntary submission of dealer's records.
Sec. 407. Grant program for juvenile records.
     TITLE V--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND 
                               EXPLOSIVES

Sec. 501. Mandatory minimum sentence for discharging a firearm in a 
                            school zone.
Sec. 502. Apprehension and procedural treatment of armed violent 
                            criminals.
Sec. 503. Increased penalties for possessing or transferring stolen 
                            firearms.
Sec. 504. Increased mandatory minimum penalties for using a firearm to 
                            commit a crime of violence or drug 
                            trafficking crime.
Sec. 505. Increased penalties for misrepresented firearms purchase in 
                            aid of a serious violent felony.
Sec. 506. Increasing penalties on gun kingpins.
Sec. 507. Serious recordkeeping offenses that aid gun trafficking.
Sec. 508. Termination of firearms dealer's license upon felony 
                            conviction.
Sec. 509. Increased penalty for transactions involving firearms with 
                            obliterated serial numbers.
Sec. 510. Forfeiture for gun trafficking.
Sec. 511. Increased penalty for firearms conspiracy.
Sec. 512. Gun convictions as predicate crimes for Armed Career Criminal 
                            Act.
Sec. 513. Serious juvenile drug trafficking offenses as Armed Career 
                            Criminal Act predicates.
Sec. 514. Forfeiture of firearms used in crimes of violence and 
                            felonies.
Sec. 515. Separate licenses for gunsmiths.
Sec. 516. Permits and background checks for purchases of explosives.
Sec. 517. Persons prohibited from receiving or possessing explosives.
    TITLE VI--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS

Sec. 601. Increased mandatory minimum penalties for using minors to 
                            distribute drugs.
Sec. 602. Increased mandatory minimum penalties for distributing drugs 
                            to minors.
Sec. 603. Increased mandatory minimum penalties for drug trafficking in 
                            or near a school or other protected 
                            location.
Sec. 604. Criminal street gangs.
Sec. 605. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 606. Interstate and foreign travel or transportation in aid of 
                            criminal gangs.
Sec. 607. Gang-related witness intimidation and retaliation.

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    Section 5032 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a)(1) A juvenile alleged to have committed an offense against 
the United States or an act of juvenile delinquency may be surrendered 
to State or Indian tribal authorities, but if not so surrendered, shall 
be proceeded against as a juvenile under this subsection or tried as an 
adult in the circumstances described in subsections (b) and (c).
    ``(2) A juvenile may be proceeded against as a juvenile in a court 
of the United States under this subsection if--
            ``(A) the alleged offense or act of juvenile delinquency is 
        committed within the special maritime and territorial 
        jurisdiction of the United States and is one for which the 
        maximum authorized term of imprisonment does not exceed 6 
        months; or
            ``(B) the Attorney General, after investigation, certifies 
        to the appropriate United States district court that--
                    ``(i) the juvenile court or other appropriate court 
                of a State or Indian tribe does not have jurisdiction 
                or declines to assume jurisdiction over the juvenile 
                with respect to the alleged act of juvenile 
                delinquency, or
                    ``(ii) there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction.
    ``(3) If the Attorney General does not so certify or does not have 
authority to try such juvenile as an adult, such juvenile shall be 
surrendered to the appropriate legal authorities of such State or 
tribe.
    ``(4) If a juvenile alleged to have committed an act of juvenile 
delinquency is proceeded against as a juvenile under this section, any 
proceedings against the juvenile shall be in an appropriate district 
court of the United States. For such purposes, the court may be 
convened at any time and place within the district, and shall be open 
to the public, except that the court may exclude all or some members of 
the public, other than a victim unless the victim is a witness in the 
determination of guilt or innocence, if required by the interests of 
justice or if other good cause is shown. The Attorney General shall 
proceed by information or as authorized by section 3401(g) of this 
title, and no criminal prosecution shall be instituted except as 
provided in this chapter.
    ``(b)(1) Except as provided in paragraph (2), a juvenile shall be 
prosecuted as an adult--
            ``(A) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult; or
            ``(B) if the juvenile is alleged to have committed an act 
        after the juvenile attains the age of 14 years which if 
        committed by an adult would be a serious violent felony or a 
        serious drug offense described in section 3559(c) of this 
        title, or a conspiracy or attempt to commit that felony or 
        offense, which is punishable under section 406 of the 
        Controlled Substances Act (21 U.S.C. 846), or section 1013 of 
        the Controlled Substances Import and Export Act (21 U.S.C. 
        963).
    ``(2) The requirements of paragraph (1) do not apply if the 
Attorney General certifies to the appropriate United States district 
court that the interests of public safety are best served by proceeding 
against the juvenile as a juvenile.
    ``(c)(1) A juvenile may also be prosecuted as an adult if the 
juvenile is alleged to have committed an act after the juvenile has 
attained the age of 13 years which if committed by a juvenile after the 
juvenile attained the age of 14 years would require that the juvenile 
be prosecuted as an adult under subsection (b), upon approval of the 
Attorney General.
    ``(2) The Attorney General shall not delegate the authority to give 
the approval required under paragraph (1) to an officer or employee of 
the Department of Justice at a level lower than a Deputy Assistant 
Attorney General.
    ``(3) Such approval shall not be granted, with respect to a 
juvenile who has not attained the age of 14 and who is subject to the 
criminal jurisdiction of an Indian tribal government and who is alleged 
to have committed an act over which, if committed by an adult, there 
would be Federal jurisdiction based solely on its commission in Indian 
country (as defined in section 1151), unless the governing body of the 
tribe having jurisdiction over the place in which the alleged act was 
committed has before such act notified the Attorney General in writing 
of its election that prosecution may take place under this subsection.
    ``(4) A juvenile may also be prosecuted as an adult if the juvenile 
is alleged to have committed an act which is not described in 
subsection (b)(1)(B) after the juvenile has attained the age of 14 
years and which if committed by an adult would be--
                    ``(A) a crime of violence (as defined in section 
                3156(a)(4)) that is a felony;
                    ``(B) an offense described in section 844(d), (k), 
                or (l), or subsection (a)(4) or (6), (b), (g), (h), 
                (j), (k), or (l) of section 924;
                    ``(C) a violation of section 922(o) that is an 
                offense under section 924(a)(2);
                    ``(D) a violation of section 5861 of the Internal 
                Revenue Code of 1986 that is an offense under section 
                5871 of such Code (26 U.S.C. 5871);
                    ``(E) a conspiracy to commit an offense described 
                in any of subparagraphs (A) through (D); or
                    ``(F) an offense described in section 401 or 408 of 
                the Controlled Substances Act (21 U.S.C. 841, 848) or a 
                conspiracy or attempt to commit that offense which is 
                punishable under section 406 of the Controlled 
                Substances Act (21 U.S.C. 846), or an offense 
                punishable under section 409 or 419 of the Controlled 
                Substances Act (21 U.S.C. 849, 860), or an offense 
                described in section 1002, 1003, 1005, or 1009 of the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                952, 953, 955, or 959), or a conspiracy or attempt to 
                commit that offense which is punishable under section 
                1013 of the Controlled Substances Import and Export Act 
                (21 U.S.C. 963).
    ``(d) A determination to approve or not to approve, or to institute 
or not to institute, a prosecution under subsection (b) or (c), and a 
determination to file or not to file, and the contents of, a 
certification under subsection (a) or (b) shall not be reviewable in 
any court.
    ``(e) In a prosecution under subsection (b) or (c), the juvenile 
may be prosecuted and convicted as an adult for any other offense which 
is properly joined under the Federal Rules of Criminal Procedure, and 
may also be convicted of a lesser included offense.
    ``(f) The Attorney General shall annually report to Congress--
            ``(1) the number of juveniles adjudicated delinquent or 
        tried as adults in Federal court;
            ``(2) the race, ethnicity, and gender of those juveniles;
            ``(3) the number of those juveniles who were abused or 
        neglected by their families, to the extent such information is 
        available; and
            ``(4) the number and types of assault crimes, such as rapes 
        and beatings, committed against juveniles while incarcerated in 
        connection with the adjudication or conviction.
    ``(g) As used in this section--
            ``(1) the term `State' includes a State of the United 
        States, the District of Columbia, any commonwealth, territory, 
        or possession of the United States and, with regard to an act 
        of juvenile delinquency that would have been a misdemeanor if 
        committed by an adult, a federally recognized tribe; and
            ``(2) the term `serious violent felony' has the same 
        meaning given that term in section 3559(c)(2)(F)(i).''.

SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) Whenever a juvenile is taken into custody, the arresting 
officer shall immediately advise such juvenile of the juvenile's 
rights, in language comprehensible to a juvenile. The arresting officer 
shall promptly take reasonable steps to notify the juvenile's parents, 
guardian, or custodian of such custody, of the rights of the juvenile, 
and of the nature of the alleged offense.
    ``(b) The juvenile shall be taken before a judicial officer without 
unreasonable delay.''.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the 3rd 
        paragraph and inserting ``if'';
            (3)(A) by designating the 3 paragraphs as paragraphs (1), 
        (2), and (3), respectively; and
            (B) by moving such designated paragraphs 2 ems to the 
        right; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following:
    ``In a proceeding under section 5032(a)--''.

SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a) A juvenile alleged to be delinquent or a juvenile being 
prosecuted as an adult, if detained at any time prior to sentencing, 
shall be detained in such suitable place as the Attorney General may 
designate. Whenever appropriate, detention shall be in a foster home or 
community based facility. Preference shall be given to a place located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted.
    ``(b) To the maximum extent feasible, a juvenile prosecuted 
pursuant to subsection (b) or (c) of section 5032 shall not be detained 
prior to sentencing in any facility in which the juvenile has regular 
contact with adult persons convicted of a crime or awaiting trial on 
criminal charges.
    ``(c) A juvenile who is proceeded against under section 5032(a) 
shall not be detained prior to disposition in any facility in which the 
juvenile has regular contact with adult persons convicted of a crime or 
awaiting trial on criminal charges.
    ``(d) Every juvenile who is detained prior to disposition or 
sentencing shall be provided with reasonable safety and security and 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 105. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) of this title shall apply to 
        this section.''.

SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    (a) Disposition.--Section 5037 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5037. Disposition
    ``(a) In a proceeding under section 5032(a), if the court finds a 
juvenile to be a juvenile delinquent, the court shall hold a hearing 
concerning the appropriate disposition of the juvenile no later than 40 
court days after the finding of juvenile delinquency, unless the court 
has ordered further study pursuant to subsection (e). A predisposition 
report shall be prepared by the probation officer who shall promptly 
provide a copy to the juvenile, the juvenile's counsel, and the 
attorney for the Government. Victim impact information shall be 
included in the report, and victims, or in appropriate cases their 
official representatives, shall be provided the opportunity to make a 
statement to the court in person or present any information in relation 
to the disposition. After the dispositional hearing, and after 
considering the sanctions recommended pursuant to subsection (f), the 
court shall impose an appropriate sanction, including the ordering of 
restitution pursuant to section 3556 of this title. The court may order 
the juvenile's parent, guardian, or custodian to be present at the 
dispositional hearing and the imposition of sanctions and may issue 
orders directed to such parent, guardian, custodian regarding conduct 
with respect to the juvenile. With respect to release or detention 
pending an appeal or a petition for a writ of certiorari after 
disposition, the court shall proceed pursuant to chapter 207.
    ``(b) The term for which probation may be ordered for a juvenile 
found to be a juvenile delinquent may not extend beyond the maximum 
term that would be authorized by section 3561(c) if the juvenile had 
been tried and convicted as an adult. Sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation.
    ``(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond the 
lesser of--
            ``(1) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult;
            ``(2) ten years; or
            ``(3) the date when the juvenile becomes twenty-six years 
        old.
Section 3624 is applicable to an order placing a juvenile in detention.
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond 5 
years. Subsections (c) through (i) of section 3583 apply to an order 
placing a juvenile on supervised release.
    ``(e) If the court desires more detailed information concerning a 
juvenile alleged to have committed an act of juvenile delinquency or a 
juvenile adjudicated delinquent, it may commit the juvenile, after 
notice and hearing at which the juvenile is represented by counsel, to 
the custody of the Attorney General for observation and study by an 
appropriate agency or entity. Such observation and study shall be 
conducted on an outpatient basis, unless the court determines that 
inpatient observation and study are necessary to obtain the desired 
information. In the case of an alleged juvenile delinquent, inpatient 
study may be ordered only with the consent of the juvenile and the 
juvenile's attorney. The agency or entity shall make a study of all 
matters relevant to the alleged or adjudicated delinquent behavior and 
the court's inquiry. The Attorney General shall submit to the court and 
the attorneys for the juvenile and the Government the results of the 
study within 30 days after the commitment of the juvenile, unless the 
court grants additional time. Time spent in custody under this 
subsection shall be excluded for purposes of section 5036.
    ``(f)(1) The United States Sentencing Commission, in consultation 
with the Attorney General, shall develop a list of possible sanctions 
for juveniles adjudicated delinquent.
    ``(2) Such list shall--
            ``(A) be comprehensive in nature and encompass punishments 
        of varying levels of severity;
            ``(B) include terms of confinement; and
            ``(C) provide punishments that escalate in severity with 
        each additional or subsequent more serious delinquent 
        conduct.''.
    (b) Effective Date.--The Sentencing Commission shall develop the 
list required pursuant to section 5037(f), as amended by subsection 
(a), not later than 180 days after the date of the enactment of this 
Act.
    (c) Conforming Amendment to Adult Sentencing Section.--Section 3553 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Under the Age of 16.--Notwithstanding any other 
provision of law, in the case of a defendant convicted for conduct that 
occurred before the juvenile attained the age of 16 years, the court 
shall impose a sentence without regard to any statutory minimum 
sentence, if the court finds at sentencing, after affording the 
Government an opportunity to make a recommendation, that the juvenile 
has not been previously adjudicated delinquent for or convicted of an 
offense described in section 5032(b)(1)(B).''.

SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Juvenile records and fingerprinting
    ``(a)(1) Throughout and upon the completion of the juvenile 
delinquency proceeding under section 5032(a), the court shall keep a 
record relating to the arrest and adjudication that is--
            ``(A) equivalent to the record that would be kept of an 
        adult arrest and conviction for such an offense; and
            ``(B) retained for a period of time that is equal to the 
        period of time records are kept for adult convictions.
    ``(2) Such records shall be made available for official purposes, 
including communications with any victim or, in the case of a deceased 
victim, such victim's representative, or school officials, and to the 
public to the same extent as court records regarding the criminal 
prosecutions of adults are available.
    ``(b) The Attorney General shall establish guidelines for 
fingerprinting and photographing a juvenile who is the subject of any 
proceeding authorized under this chapter. Such guidelines shall address 
the availability of pictures of any juvenile taken into custody but not 
prosecuted as an adult. Fingerprints and photographs of a juvenile who 
is prosecuted as an adult shall be made available in the manner 
applicable to adult offenders.
    ``(c) Whenever a juvenile has been adjudicated delinquent for an 
act that, if committed by an adult, would be a felony or for a 
violation of section 924(a)(6), the court shall transmit to the Federal 
Bureau of Investigation the information concerning the adjudication, 
including name, date of adjudication, court, offenses, and sentence, 
along with the notation that the matter was a juvenile adjudication.
    ``(d) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

SEC. 108. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.

    (a) Elimination of Pronouns.--Sections 5031 and 5034 of title 18, 
United States Code, are each amended by striking ``his'' each place it 
appears and inserting ``the juvenile's''.
    (b) Updating of Reference.--Section 5034 of title 18, United States 
Code, is amended--
            (1) in the heading of such section, by striking 
        ``magistrate'' and inserting ``judicial officer''; and
            (2) by striking ``magistrate'' each place it appears and 
        inserting ``judicial officer''.

SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER 403.

    The heading and the table of sections at the beginning of chapter 
403 of title 18, United States Code, is amended to read as follows:

                  ``CHAPTER 403--JUVENILE DELINQUENCY

``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district 
                            courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprinting.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.

        TITLE II--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS

SEC. 201. ARMED CRIMINAL APPREHENSION PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish in the office of each 
United States Attorney a program that meets the requirements of 
subsections (b) and (c). The program shall be known as the ``Armed 
Criminal Apprehension Program''.
    (b) Program Requirements.--In the office of each United States 
Attorney, the program established under subsection (a) shall--
            (1) provide for coordination with State and local law 
        enforcement officials in the identification of violations of 
        Federal firearms laws;
            (2) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral to the 
        Bureau of Alcohol, Tobacco, and Firearms and the United States 
        Attorney for prosecution of persons arrested for violations of 
        chapter 44 of title 18, United States Code, or section 5861(d) 
        or 5861(h) of the Internal Revenue Code of 1986, relating to 
        firearms;
            (3) require that the United States Attorney designate not 
        less than 1 Assistant United States Attorney to prosecute 
        violations of Federal firearms laws;
            (4) provide for the hiring of agents for the Bureau of 
        Alcohol, Tobacco, and Firearms to investigate violations of the 
        provisions referred to in paragraph (2); and
            (5) ensure that each person referred to the United States 
        Attorney under paragraph (2) be charged with a violation of the 
        most serious Federal firearm offense consistent with the act 
        committed.
    (c) Public Education Campaign.--As part of the program, each United 
States Attorney shall carry out, in cooperation with local civic, 
community, law enforcement, and religious organizations, an extensive 
media and public outreach campaign focused in high-crime areas to--
            (1) educate the public about the severity of penalties for 
        violations of Federal firearms laws; and
            (2) encourage law-abiding citizens to report the possession 
        of illegal firearms to authorities.
    (d) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (b) with respect to the United States attorney.
            (2) Provision of waiver.--The Attorney General may waive 
        the requirements of subsection (b) pursuant to a request made 
        under paragraph (1), in accordance with guidelines which shall 
        be established by the Attorney General. In establishing the 
        guidelines, the Attorney General shall take into consideration 
        the number of assistant United States attorneys in the office 
        of the United States attorney making the request and the level 
        of violent youth crime committed in the district for which the 
        United States attorney is appointed.

SEC. 202. ANNUAL REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of Senate and House of Representatives a 
report containing the following information:
            (1) The number of Assistant United States Attorneys 
        deisgnated under the program under section 201 and cross-
        deisgnated under section 204 during the year preceding the year 
        in which the report is submitted in order to prosecute 
        violations of Federal firearms laws in Federal court.
            (2) The number of individuals indicted for such violations 
        during that year by reason of the program.
            (3) The increase or decrease in the number of individuals 
        indicted for such violations during that year by reason of the 
        program when compared with the year preceding that year.
            (4) The number of individuals held without bond in 
        anticipation of prosecution by reason of the program.
            (5) The average length of prison sentence of the 
        individuals convicted of violations of Federal firearms laws by 
        reason of the program.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program under section 201 $50,000,000 for 
fiscal year 2000, of which--
            (1) $40,000,000 shall be used for salaries and expenses of 
        Assistant United States Attorneys and Bureau of Alcohol, 
        Tobacco, and Firearms agents; and
            (2) $10,000,000 shall be available for the public relations 
        campaign required by subsection (c) of that section.
    (b) Use of Funds.--
            (1) The Assistant United States Attorneys hired using 
        amounts appropriated pursuant to the authorization of 
        appropriations in subsection (a) shall prosecute violations of 
        Federal firearms laws in accordance with section 201(b)(3).
            (2) The Bureau of Alcohol, Tobacco, and Firearms agents 
        hired using amounts appropriated pursuant to the authorization 
        of appropriations in subsection (a) shall, to the maximum 
        extent practicable, concentrate their investigations on 
        violations of Federal firearms laws in accordance with section 
        201(b)(4).
            (3) It is the sense of Congress that amounts made available 
        under this section for the public education campaign required 
        by section 201(c) should, to the maximum extent practicable, be 
        matched with State or local funds or private donations.
    (c) Authorization of Additional Appropriations.--In addition to 
amounts made available under subsection (a), there is authorized to be 
appropriated to the Administrative Office of the United States Courts 
such sums as may be necessary to carry out this title.

SEC. 204. CROSS-DESIGNATION OF FEDERAL PROSECUTORS.

    To better assist state and local law enforcement agencies in the 
investigation and prosecution of firearms offenses, each United States 
Attorney may cross-designate one or more Assistant United States 
Attorneys to prosecute firearms offenses under State law that are 
similar to those listed in section 301(b)(2) in State and local courts.

     TITLE III--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES

SEC. 301. GUN STORAGE AND SAFETY DEVICES FOR FIREARMS.

    (a) Unlawful Acts.--
            (1) Mandatory transfer of secure gun storage or safety 
        device.--Section 922 of title 18, United States Code, is 
        amended by inserting after subsection (y) the following:
    ``(z)(1) Except as provided in paragraph (2), it shall be unlawful 
for any licensed manufacturer, licensed importer, or licensed dealer to 
sell, deliver, or transfer any handgun to any person other than any 
person licensed under the provisions of this chapter, unless the 
licensee provides the transferee with a secure gun storage or 
safety device, as described in section 921(a)(34), for that handgun.
    ``(2) Paragraph (1) shall not apply to the--
            ``(A)(i) manufacture for, transfer to, or possession by, 
        the United States or a department or agency of the United 
        States, or a State or a department, agency, or political 
        subdivision of a State, of a handgun; or
            ``(ii) transfer to, or possession by, a law enforcement 
        officer employed by an entity referred to in clause (i) of a 
        handgun for law enforcement purposes (whether on or off duty); 
        or
            ``(B) transfer to, or possession by, a rail police officer 
        employed by a rail carrier and certified or commissioned as a 
        police officer under the laws of a State of a handgun for 
        purposes of law enforcement (whether on or off duty);
            ``(C) transfer to any person of a handgun listed as a curio 
        or relic by the Secretary pursuant to section 921(a)(13); or
            ``(D) transfer to any person of a handgun for which a 
        secure gun storage or safety device is temporarily unavailable 
        for the reasons described in the exceptions stated in section 
        923(e): Provided, That the licensed manufacturer, licensed 
        importer, or licensed dealer delivers to the transferee within 
        10 calendar days from the date of the delivery of the handgun 
        to the transferee a secure gun storage or safety device for the 
        handgun.
    ``(3)(A) Notwithstanding any other provision of law, a person who 
has lawful possession and control of a handgun, and who uses a secure 
gun storage or safety device with the handgun, shall be entitled to 
immunity from a civil liability action as described in this paragraph.
    ``(B) A qualified civil liability action may not be brought in any 
Federal or State court. The term `qualified civil liability action' 
means a civil action brought by any person against a person described 
in subparagraph (A) for damages resulting from the criminal or unlawful 
misuse of the handgun by a third party, where--
            ``(i) the handgun was accessed by another person who did 
        not have the permission or authorization of the person having 
        lawful possession and control of the handgun to have access to 
        it; and
            ``(ii) at the time access was gained by the person not so 
        authorized, the handgun had been made inoperable by use of a 
        secure gun storage or safety device.
A `qualified civil liability action' shall not include an action 
brought against the person having lawful possession and control of the 
handgun for negligent entrustment or negligence per se.''.
    (b) Civil Penalties.--Section 924 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(1), by inserting ``, or (p)'' before 
        ``this section''; and
            (2) by adding at the end the following:
    ``(p)(1)(A) With respect to each violation of section 922(z)(1) by 
a licensed manufacturer, licensed importer, or licensed dealer, the 
Secretary may, after notice and opportunity for hearing--
            ``(i) suspend for up to six months, or revoke, the license 
        issued to the licensee under this chapter that was used to 
        conduct the firearms transfer; or
            ``(ii) impose on the licensee a civil penalty in an amount 
        equal to not more than $2,500.
    ``(B) An action of the Secretary under this paragraph may be 
reviewed only as provided in section 923(f).
    ``(2) The suspension or revocation of a license or the imposition 
of a civil penalty under paragraph (1) shall not preclude any 
administrative remedy that is otherwise available to the Secretary.''.
    (c) Liability; Evidence; Rule of Construction.--
            (1) Liability.--Nothing in the amendments made by this 
        section shall be construed to--
                    (A) create a cause of action against any Federal 
                firearms licensee or any other person for any civil 
                liability; or
                    (B) establish any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity, except with respect to an action to enforce 
        paragraphs (1) and (2) of section 922(z) of title 18, United 
        States Code, or to give effect to section 922(z)(3) of such 
        title.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to bar a governmental action to impose a penalty 
        under section 924(p) of title 18, United States Code, for a 
        failure to comply with section 922(z) of such title.
    (d) Amendment to Definition of Safety Device.--Section 921(a)(34) 
of title 18, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (E);
            (2) by striking ``or'' at the end of subparagraph (B); and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) a device that, if removed, will prevent the 
                discharge of the firearm;
                    ``(D) a removable hammer or striker; or''.

SEC. 302. INCREASED PENALTIES FOR UNLAWFUL JUVENILE POSSESSION OF 
              FIREARMS.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (4) by striking ``Whoever'' and inserting 
        ``Except as provided in paragraph (6) of this subsection, 
        whoever''; and
            (2) by striking paragraph (6) and inserting the following:
    ``(6)(A) A juvenile who violates section 922(x) shall be fined 
under this title, imprisoned not more than 1 year, or both, except--
            ``(i) the juvenile shall be fined under this title, 
        imprisoned not more than 5 years, or both, if--
                    ``(I) the offense of which the juvenile is charged 
                is a violation of section 922(x); and
                    ``(II) the violation was also with the intent to 
                possess the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in a school zone, 
                or knowing that another juvenile intends to possess the 
                handgun, ammunition, large capacity feeding device, or 
                semiautomatic assault weapon giving rise to the 
                violation in a school zone;
            ``(ii) the juvenile shall be fined under this title, 
        imprisoned not more than 20 years, or both, if--
                    ``(I) the offense of which the juvenile is charged 
                is a violation of section 922(x); and
                    ``(II) the violation was also with the intent also 
                to use the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in the commission 
                of a violent felony, or knowing that another juvenile 
                intends to use the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in the commission 
                of a serious violent felony.
    ``(B) For purposes of this paragraph, the term `serious violent 
felony' has the meaning given the term in section 3559(c)(2)(F).
    ``(C) Except as otherwise provided in this chapter, in any case in 
which a juvenile is prosecuted in a district court of the United 
States, and the juvenile is subject to penalties under subparagraph 
(A)(ii), the juvenile shall be subject to the same laws, rules, and 
proceedings regarding sentencing (including the availability of 
probation, restitution, fines, forfeiture, imprisonment, and supervised 
release) that would be applicable in the case of an adult. No juvenile 
sentenced to a term of imprisonment shall be released from custody 
simply because the juvenile attains 18 years of age.''.

SEC. 303. INCREASED PENALTIES AND MANDATORY MINIMUM SENTENCE FOR 
              UNLAWFUL TRANSFER OF FIREARM TO JUVENILE.

    Section 924(a)(6) of title 18, United States Code, is further 
amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) 
and (D), respectively, and by inserting after subparagraph (A) the 
following:
    ``(B) A person other than a juvenile who knowingly violates section 
922(x)--
            ``(i) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(ii) if the person violated section 922(x)(1) knowing 
        that a juvenile intended to possess the handgun, ammunition, 
        large capacity ammunition feeding device, or semiautomatic 
        assault weapon giving rise to the violation of section 
        922(x)(1) in a school zone, shall be fined under this title and 
        imprisoned not less than 3 years and not more than 20 years; 
        and
            ``(iii) if the person violated section 922(x)(1) knowing 
        that a juvenile intended to use the handgun, ammunition, large 
        capacity ammunition feeding device, or semiautomatic assault 
        weapon giving rise to the violation of section 922(x)(1) in the 
        commission of a serious violent felony, shall be imprisoned not 
        less than 10 years and not more than 20 years and fined under 
        this title.''.

SEC. 304. PROHIBITING JUVENILES FROM POSSESSING ASSAULT WEAPONS.

    Section 922(x) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.'';
            (2) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting a semicolon; and
                    (C) by inserting at the end the following:
                    ``(C) a semiautomatic assault weapon; or
                    ``(D) a large capacity ammunition feeding 
                device.''; and
            (3) by striking paragraph (3) and inserting the following:
    ``(3) This subsection shall not apply to--
            ``(A) a temporary transfer of a handgun, ammunition, a 
        large capacity ammunition feeding device, or a semiautomatic 
        assault weapon to a juvenile or to the temporary possession or 
        use of a handgun, ammunition, a large capacity ammunition 
        feeding device, or a semiautomatic assault weapon by a 
        juvenile--
                    ``(i) if the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon are possessed and used by the juvenile--
                            ``(I) in the course of employment,
                            ``(II) in the course of ranching or farming 
                        related to activities at the residence of the 
                        juvenile (or on property used for ranching or 
                        farming at which the juvenile, with the 
                        permission of the property owner or lessee, is 
                        performing activities related to the operation 
                        of the farm or ranch),
                            ``(III) for target practice,
                            ``(IV) for hunting, or
                            ``(V) for a course of instruction in the 
                        safe and lawful use of a firearm;
                    ``(ii) clause (i) shall apply only if the 
                juvenile's possession and use of a handgun, ammunition, 
                a large capacity ammunition feeding device, or a 
                semiautomatic assault weapon under this subparagraph 
                are in accordance with State and local law, and the 
                following conditions are met--
                            ``(I) except when a parent or guardian of 
                        the juvenile is in the immediate and 
                        supervisory presence of the juvenile, the 
                        juvenile shall have in the juvenile's 
                        possession at all times when a handgun, 
                        ammunition, a large capacity ammunition feeding 
                        device, or a semiautomatic assault weapon is in 
                        the possession of the juvenile, the prior 
                        written consent of the juvenile's parent or 
                        guardian who is not prohibited by Federal, 
                        State, or local law from possessing a firearm 
                        or ammunition; and
                            ``(II)(aa) during transportation by the 
                        juvenile directly from the place of transfer to 
                        a place at which an activity described in 
                        clause (i) is to take place the firearm shall 
                        be unloaded and in a locked container or case, 
                        and during the transportation by the juvenile 
                        of that firearm, directly from the place at 
                        which such an activity took place to the 
                        transferor, the firearm shall also be unloaded 
                        and in a locked container or case; or
                            ``(bb) with respect to employment, ranching 
                        or farming activities as described in clause 
                        (i), a juvenile may possess and use a handgun, 
                        ammunition, a large capacity ammunition feeding 
                        device, or a semiautomatic assault weapon with 
                        the prior written approval of the juvenile's 
                        parent or legal guardian, if such approval is 
                        on file with the adult who is not prohibited by 
                        Federal, State, or local law from possessing a 
                        firearm or ammunition and that person is 
                        directing the ranching or farming activities of 
                        the juvenile;
            ``(B) a juvenile who is a member of the Armed Forces of the 
        United States or the National Guard who possesses or is armed 
        with a handgun, ammunition, a large capacity ammunition feeding 
        device, or a semiautomatic assault weapon in the line of duty;
            ``(C) a transfer by inheritance of title (but not 
        possession) of a handgun, ammunition, a large capacity 
        ammunition feeding device, or a semiautomatic assault weapon to 
        a juvenile; or
            ``(D) the possession of a handgun, ammunition, a large 
        capacity ammunition feeding device, or a semiautomatic assault 
        weapon taken in lawful defense of the juvenile or other persons 
        in the residence of the juvenile or a residence in which the 
        juvenile is an invited guest.
    ``(4) A handgun, ammunition, a large capacity ammunition feeding 
device, or a semiautomatic assault weapon, the possession of which is 
transferred to a juvenile in circumstances in which the transferor is 
not in violation of this subsection, shall not be subject to permanent 
confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juvenile, 
but shall be returned to the lawful owner when such handgun, 
ammunition, large capacity ammunition feeding device, or semiautomatic 
assault weapon is no longer required by the Government for the purposes 
of investigation or prosecution.
    ``(5) For purposes of this subsection, the term `juvenile' means a 
person who is less than 18 years of age.
    ``(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent or 
legal guardian at all proceedings.
    ``(B) The court may use the contempt power to enforce subparagraph 
(A).
    ``(C) The court may excuse attendance of a parent or legal guardian 
of a juvenile defendant at a proceeding in a prosecution of a violation 
of this subsection for good cause shown.
    ``(7) For purposes of this subsection only, the term `large 
capacity ammunition feeding device' has the same meaning as in section 
921(a)(31) of title 18 and includes similar devices manufactured before 
the effective date of the Violent Crime Control and Law Enforcement Act 
of 1994.''.

SEC. 305. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD 
              ACCESS TO FIREARMS.

    Section 922 of title 18, United States Code, is further amended by 
adding at the end the following:
    ``(aa)(1) For purposes of this subsection, the term `juvenile' 
means an individual who has not attained the age of 18 years.
    ``(2) Except as provided in paragraph (3), any person who--
            ``(A) keeps a loaded firearm, or an unloaded firearm and 
        ammunition for the firearm, any one of which has been shipped 
        or transported in interstate or foreign commerce, within any 
        premises that is under the custody or control of that person;
            ``(B) knows, or recklessly disregards the risk, that a 
        juvenile is capable of gaining access to the firearm; and
            ``(C)(i) knows, or recklessly disregards the risk, that a 
        juvenile will use the firearm to cause death or serious bodily 
        injury (as defined in section 1365) to the juvenile or any 
        other person; or
            ``(ii) knows, or recklessly disregards the risk, that 
        possession of the firearm by the juvenile is unlawful under 
        Federal or State law,
if the juvenile uses the firearm to cause death or serious bodily 
injury to the juvenile or any other person, shall be imprisoned not 
more than 3 years, fined under this title, or both.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) at the time the juvenile obtained access, the firearm 
        was secured with a secure gun storage or safety device or in a 
        location to which the person reasonably believed the juvenile 
        could not obtain access;
            ``(B) the person is a peace officer, a member of the Armed 
        Forces, or a member of the National Guard, and the juvenile 
        obtains the firearm during, or incidental to, the performance 
        of the official duties of the person in that capacity;
            ``(C) the juvenile uses the firearm in a lawful act of 
        self-defense or defense of 1 or more other persons;
            ``(D) the person has no reasonable expectation, based on 
        objective facts and circumstances, that a juvenile is likely to 
        be present on the premises on which the firearm is kept; or
            ``(E) the juvenile obtains the firearm as a result of an 
        illegal entry by any person into the premises.''.

SEC. 306. PROHIBITING POSSESSION OF EXPLOSIVES BY JUVENILES AND YOUNG 
              ADULTS.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(r)(1) It shall be unlawful for any person who has not attained 
21 years of age to ship or transport any explosive materials in 
interstate or foreign commerce or to receive or possess any explosive 
materials which has been shipped or transported in interstate or 
foreign commerce.
    ``(2) This subsection shall not apply to commercially manufactured 
black powder in bulk quantities not to exceed five pounds, and if the 
person is less than 18 years of age, the person has the prior written 
consent of the person's parents or guardian who is not prohibited by 
Federal, State, or local law from possessing explosive materials, and 
the person has the prior written consent in the person's possession at 
all times when the black powder is in the possession of the person.''.

    TITLE IV--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES

SEC. 401. MANDATORY BACKGROUND CHECKS AT GUN SHOWS.

    (a) Findings.--Congress finds that--
            (1) more than 4,400 traditional gun shows are held annually 
        across the United States, attracting thousands of attendees per 
        show and hundreds of Federal firearms licensees and nonlicensed 
        firearms sellers, the vast majority of whom are law-abiding 
        individuals with no desire to participate in criminal 
        transactions;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold, often without background 
        checks and without records that enable gun tracing;
            (5) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons can obtain guns without 
        background checks and can use such guns that cannot be traced 
        to later commit crimes;
            (6) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (7) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure, by enactment of this section, that criminals 
        and other prohibited persons do not obtain firearms at gun 
        shows, flea markets, and other organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) The term `gun show' means an event which is sponsored to 
foster the collecting, competitive use, sporting use, or any other 
legal use of firearms, and--
            ``(A) at which 50 or more firearms are offered or exhibited 
        for sale, transfer, or exchange, if 1 or more of the firearms 
        has been shipped or transported in, or the event otherwise 
        affects, interstate or foreign commerce; and
            ``(B) at which there are not less than 10 firearm vendors.
    ``(36) The term `gun show organizer' means any person who organizes 
or conducts a gun show.
    ``(37) The term `gun show vendor' means any person who, at a fixed, 
assigned, or contracted location, exhibits, sells, offers for sale, 
transfers, or exchanges 1 or more firearms at a gun show.''.
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of such title is amended by 
        adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
    ``(a)(1) A person who is not a licensed importer, licensed 
manufacturer, or licensed dealer, and who desires to be registered as 
an instant check registrant shall submit to the Secretary an 
application which--
            ``(A) contains a certification by the applicant that the 
        applicant meets the requirements of subparagraphs (A) through 
        (D) of section 923(d)(1); and
            ``(B) contains a photograph and fingerprints of the 
        applicant; and
            ``(C) is in such form as the Secretary shall by regulation 
        prescribe.
    ``(2)(A) The Secretary shall approve an application submitted 
pursuant to paragraph (1) which meets the requirements of paragraph 
(1). On approval of the application and payment by the applicant of a 
fee of $100 for 3 years, and upon renewal of valid registration a fee 
of $50 for 3 years, the Secretary shall issue to the applicant an 
instant check registration, and advise the Attorney General of the 
United States of the same, which entitles the registrant to contact the 
national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act for 
information about any individual desiring to obtain a firearm at a gun 
show from any transferor who has requested the assistance of the 
registrant in complying with subsection (c) with respect to the 
transfer of the firearm, and receive information from the system 
regarding the individual, during the 3-year period that begins with the 
date the registration is issued.
    ``(B) The Secretary shall approve or deny an application submitted 
pursuant to paragraph (1) within 60 days after the Secretary receives 
the application. If the Secretary fails to so act within such period, 
the applicant may bring an action under section 1361 of title 28 to 
compel the Secretary to so act.
    ``(3) An instant check registrant shall keep all records or 
documents which the registrant collects pursuant to this section during 
a gun show at a premises, or a portion thereof designated by the 
registrant, that is open for inspection by the Secretary. The Secretary 
shall establish by regulation the procedure for the inspection, at a 
premises or a gun show, of the records required to be kept under this 
section in a manner for a registrant that is identical to the same 
procedural rights and protections specified for a licensee under 
subsections (g)(1)(A), (g)(1)(B), and (j) of section 923. An instant 
check registrant shall remit to the Secretary all records required to 
be kept by the registrant under this subsection when the registration 
is no longer valid, has expired, or has been revoked.
    ``(4)(A) This subsection shall not be construed--
            ``(i) as creating a cause of action against any instant 
        check registrant or any other person, including the transferor, 
        for any civil liability; or
            ``(ii) as establishing any standard of care.
    ``(B) Notwithstanding any other provision of law, except to give 
effect to subparagraph (C), evidence regarding the use or nonuse by a 
transferor of the services of an instant check registrant under this 
section shall not be admissible as evidence in any proceeding of any 
court, agency, board, or other entity for the purposes of establishing 
liability based on a civil action brought on any theory for harm caused 
by a product or by negligence.
    ``(C)(i) Notwithstanding any other provision of law, a person who 
is--
            ``(I) an instant check registrant who assists in having a 
        background check performed in accordance with this section;
            ``(II) a licensee who acquires a firearm at a gun show from 
        a nonlicensee, for transfer to another nonlicensee in 
        attendance at the show, for the purpose of effectuating a sale, 
        trade, or transfer between the 2 nonlicensees, all in the 
        manner prescribed for the acquisition and disposition of 
        firearms under this chapter; or
            ``(III) a nonlicensee disposing of a firearm, who utilizes 
        the services of an instant check registrant pursuant to 
        subclause (I) or a licensee pursuant to subclause (II),
shall be entitled to immunity from a civil liability action as 
described in this subparagraph.
    ``(ii) A qualified civil liability action may not be brought in any 
Federal or State court. The term `qualified civil liability action' 
means a civil action brought by any person against a person described 
in clause (i) for damages resulting from the criminal or unlawful 
misuse of the firearm by the transferee or a third party, but shall not 
include an action--
            ``(I) brought against a transferor convicted under section 
        924(h), or a comparable or identical State felony law, by a 
        party directly harmed by the transferee's criminal conduct, as 
        defined in section 924(h); or
            ``(II) brought against a transferor for negligent 
        entrustment or negligence per se.
    ``(4) A registration issued under this subsection may be revoked 
pursuant to the procedures provided for license revocations under 
section 923.
    ``(b) It shall be unlawful for any person to organize or conduct a 
gun show unless the person--
            ``(1) registers with the Secretary in accordance with 
        regulations promulgated by the Secretary, which shall not 
        require the payment of any fee for such registration;
            ``(2) before commencement of the gun show, records and 
        verifies the identity of each individual who is to be a gun 
        show vendor at the gun show by examining, but not retaining a 
        copy of, a valid identification document (as defined in section 
        1028(d)(1)) of the individual containing a photograph of the 
        individual; and
            ``(3) maintains a copy of the records described in 
        paragraph (2) at the permanent place of business of the gun 
        show organizer for such period of time and in such form as the 
        Secretary shall require by regulation.
    ``(c)(1) If, at a gun show or the curtilage area of a gun show, a 
person who is not licensed under section 923 makes an offer to another 
person who is not licensed under section 923 to sell, transfer, or 
exchange a firearm that is accessible to the person at the gun show or 
in the curtilage area of the gun show, and such other person, at the 
gun show or the curtilage area of the gun show, indicates a willingness 
to accept the offer, it shall be unlawful for the person to 
subsequently transfer the firearm to such other person, unless--
            ``(A) the firearm is transferred through a licensed 
        importer, licensed manufacturer, or licensed dealer in 
        accordance with paragraph (2)(B) and otherwise in accordance 
        with law; or
            ``(B)(i) before the completion of the transfer, an instant 
        check registrant contacts the national instant criminal 
        background check system established under section 103 of the 
        Brady Handgun Violence Prevention Act;
            ``(ii)(I) the system provides the registrant with a unique 
        identification number; or
            ``(II) 72 hours have elapsed since the registrant contacted 
        the system, and the system has not notified the registrant that 
        the receipt of a firearm by such other person would violate 
        subsection (g) or (n) of section 922; and
            ``(iii) the registrant notifies the person that the 
        registrant has complied with clauses (i) and (ii), or of any 
        receipt by the registrant of a notification from the national 
        instant criminal background check system established under 
        section 103 of the Brady Handgun Violence Prevention Act that 
        the transfer would violate section 922 or State law; and
            ``(iv) the transferor and the registrant have 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)(A) The rules of paragraphs (2), (3), and (4) of section 
922(t) shall apply to firearms transfers assisted by instant check 
registrants under this section in the same manner in which such rules 
apply to firearms transfers made by licensees.
    ``(B)(i) For purposes of section 922(t)(1)(B)(ii), the time period 
that shall apply to the transfer of a firearm as described in paragraph 
(1) of this subsection shall be 72 hours.
    ``(ii) The licensee or registrant may personally deliver or ship 
the firearm to the prospective transferee in accordance with clause 
(iii) if the gun show has terminated, and--
            ``(I)(aa) 72 consecutive hours has elapsed since the 
        licensee or registrant contacted the system from the gun show 
        and the licensee or registrant has not received notification 
        from the system that receipt of a firearm by the prospective 
        transferee would violate subsection (g) or (n) of section 922 
        or State law; or
            ``(bb) the licensee or registrant has received notification 
        from the system that receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 or State law; and
            ``(II) State and local law would have permitted the 
        licensee or registrant to immediately deliver the firearm to 
        the prospective transferee if the conditions described in item 
        (aa) or (bb) had occurred during the gun show.
    ``(iii)(I) The licensee may personally deliver the firearm to the 
prospective transferee at a location other than the business premises 
of the licensee, without regard to whether the location is in the State 
specified on the license of the licensee, or may ship the firearm by 
common carrier to the prospective transferee.
    ``(II) The registrant may personally deliver the firearm to a 
prospective transferee who is a resident of the State of which the 
registrant is a resident, or may ship the firearm by common carrier to 
such a prospective transferee.
    ``(3) An instant check registrant who agrees to assist a person who 
is not licensed under section 923 in complying with subsection (c) with 
respect to the transfer of a firearm shall--
            ``(A) enter the name, age, address, and other identifying 
        information on the transferee (or, if the transferee is a 
        corporation or other business entity, the identity and 
        principal and local places of business of the transferee) as 
        the Secretary may require by regulation into a separate bound 
        record;
            ``(B) record the unique identification number provided by 
        the system on a form specified by the Secretary;
            ``(C) on completion of the functions required by paragraph 
        (1)(B) to be performed by the registrant with respect to the 
        transfer, notify the transferor that the registrant has 
        performed such functions; and
            ``(D) on completion of the background check by the system, 
        retain a record of the background check as part of the 
        permanent business records of the registrant.
    ``(4) This section shall not be construed to permit or authorize 
the Secretary to impose recordkeeping requirements on any vendor who is 
not licensed under section 923.
    ``(d) If, at a gun show or the curtilage area of a gun show, a 
person who is not licensed under section 923 makes an offer to another 
person who is not licensed under section 923 to sell, transfer, or 
exchange a firearm that is accessible to the person at the gun show or 
in the curtilage area of the gun show, and such other person, at the 
gun show or the curtilage area of the gun show, indicates a willingness 
to accept the offer, it shall be unlawful for such other person to 
receive the firearm from the person if the recipient knows that the 
firearm has been transferred to the recipient in violation of this 
section.''.
            (2) Penalties.--Section 924(a) of such title is amended by 
        adding at the end the following:
    ``(7)(A) Whoever knowingly violates subsection (b), (c)(1), or 
(c)(2) of section 931 shall be--
            ``(i) fined under this title, imprisoned not more than 1 
        years, or both; or
            ``(ii) in the case of a second or subsequent conviction of 
        such a violation, fined under this title, imprisoned not more 
        than 5 years, or both.
    ``(B) Whoever knowingly violates subsection (c)(3) or (d) of 
section 931 shall be fined under this title, imprisoned not more than 3 
years, or both.
    ``(C) In addition to any other penalties imposed under this 
paragraph, the Secretary may, with respect to any person who knowingly 
violates subsection (b), (c), or (d) of section 931--
            ``(i) impose a civil fine in an amount equal to not more 
        than $2,500; and
            ``(ii) if the person is registered pursuant to section 
        931(a), after notice and opportunity for a hearing, suspend for 
        not more than 6 months or revoke the registration of that 
        person under section 931(a).''.
            (3) Conforming amendment.--Section 923(j) of such title is 
        amended in the first sentence by striking ``or event'' and all 
        that follows through ``community''.
            (4) Clerical amendment.--The section analysis for chapter 
        44 of such title is amended by adding at the end the following:

``931. Regulation of firearms transfers at gun shows.''.
    (d) Inspection Authority.--Section 923(g)(1) of such title is 
amended by adding at the end the following:
    ``(E) The Secretary may enter during business hours the place of 
business of any gun show organizer and any place where a gun show is 
held, without such reasonable cause or warrant, for the purpose of 
inspecting or examining the records required by section 923 or 931 and 
the inventory of licensees conducting business at the gun show in the 
course of a reasonable inquiry during the course of a criminal 
investigation of a person or persons other than the organizer or 
licensee or when such examination may be required for determining the 
disposition of one or more particular firearms in the course of a bona 
fide criminal investigation.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of such title is amended to read as 
follows:
    ``(3)(A) Except as provided in subparagraph (B), any licensed 
dealer, licensed importer, licensed manufacturer, or licensed collector 
who knowingly makes any false statement or representation with respect 
to the information required by this chapter to be kept in the records 
of a person licensed under this chapter, or violates section 922(m) 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(B) If the violation described in subparagraph (A) is in relation 
to an offense--
            ``(i) under paragraph (1) or (3) of section 922(b), such 
        person shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
            ``(ii) under subsection (a)(6) or (d) of section 922, such 
        person shall be fined under this title, imprisoned not more 
        than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check 
Requirements.--
            (1) Penalties.--Section 924(a) of such title is amended--
                    (A) in paragraph (5), by striking ``subsection (s) 
                or (t) of section 922'' and inserting ``section 
                922(s)''; and
                    (B) by adding at the end the following:
    ``(8)(A) Whoever knowingly violates section 922(t) shall be fined 
under this title, imprisoned not more than 3 years, or both.
            ``(B) In the case of a second or subsequent conviction 
        under this paragraph, the person shall be fined under this 
        title, imprisoned not more than 5 years, or both.''.
            (2) Elimination of certain elements of offense.--Section 
        922(t)(5) of such title is amended by striking ``and, at the 
        time'' and all that follows through ``State law''.
    (g) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.]

SEC. 402. INSTANT CHECK GUN TAX AND GUN OWNER PRIVACY.

    (a) Prohibition on Gun Tax.--
            (1) In general.--Chapter 33 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 540B. Ban against fee for background check in connection with 
              firearm transfer
    ``No officer, employee, or agent of the United States, including a 
State or local officer or employee acting on behalf of the United 
States, may charge or collect any fee in connection with any background 
check required in connection with the transfer of a firearm (as defined 
in section 921(a)(3) of title 18).''.
            (2) Technical and conforming amendments.--The section 
        analysis for chapter 33 of title 28, United States Code, is 
        amended by inserting after the item relating to section 540A 
        the following:

``540B. Ban against fee for background check in connection with firearm 
                            transfer.''.
    (b) Protection of Gun Owner Privacy and Ownership Rights.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 932. Gun owner privacy and ownership rights
    ``Notwithstanding any other provision of law, no department, 
agency, or instrumentality of the United States or officer, employee, 
or agent of the United States, including a State or local officer or 
employee acting on behalf of the United States--
            ``(1) shall perform any national instant criminal 
        background check on any person through the system established 
        pursuant to section 103 of the Brady Handgun Violence 
        Prevention Act (18 U.S.C. 922 note) (referred to in this 
        section as the ``system'') if that system does not require and 
        result in the immediate destruction of all information, in any 
        form whatsoever or through any medium, about such person who is 
        determined, through the use of the system, not to be prohibited 
        by subsection (g) or (h) of section 922 of title 18, United 
        States Code, or by State law, from receiving a firearm, except 
        that this subsection shall not apply to the retention or 
        transfer of information relating to--
                    ``(A) any unique identification number provided by 
                the national instant criminal background check system 
                pursuant to section 922(t)(1)(B)(i) of title 18, United 
                States Code; or
                    ``(B) the date on which that number is provided; or
            ``(2) shall continue to operate the system (including 
        requiring a background check before the transfer of a firearm) 
        unless--
                    ``(A) the `NICS Index' complies with the 
                requirements of section 552a(e)(5) of title 5, United 
                States Code; and
                    ``(B) the agency responsible for the system and the 
                system's compliance with Federal law does not invoke 
                the exceptions under subsections (j)(2), (k)(2), and 
                (k)(3) of section 552a of title 5, United States Code, 
                except if specifically identifiable information is 
                compiled for a particular law enforcement investigation 
                or specific criminal enforcement matter.''.
            (2) Technical and conforming amendments.--The section 
        analysis for chapter 44 of title 18, United States Code, is 
        further amended by adding at the end the following:

``932. Gun owner privacy and ownership rights.''.
    (c) Civil Remedies.--Any person aggrieved by a violation of section 
540B of title 28, or 931 of title 18, United States Code, as added by 
this section, may bring an action in the district court of the United 
States for the district in which the person resides. Any person who is 
successful with respect to any such action shall receive actual 
damages, punitive damages, and such other remedies as the court may 
determine to be appropriate, including a reasonable attorney's fee.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, except that the amendments 
made by subsection (a) shall take effect as of October 1, 1998.

SEC. 403. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE 
              OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
    ``(B) For purposes of subsections (d) and (g) of section 922, the 
term `adjudicated to have committed an act of violent juvenile 
delinquency' means an adjudication of delinquency in Federal or State 
court, based on a finding of the commission of an act by a person prior 
to his or her eighteenth birthday that, if committed by an adult, would 
be a serious or violent felony (as defined in section 3559(c)(2)(F)(i)) 
had Federal jurisdiction existed and been exercised.''; and
            (4) in the undesignated paragraph following subparagraph 
        (B) (as added by paragraph (3) of this subsection), by striking 
        ``What constitutes'' and all that follows through ``this 
        chapter,'' and inserting the following:
    ``(C) What constitutes a conviction of such a crime or an 
adjudication of an act of violent juvenile delinquency shall be 
determined in accordance with the law of the jurisdiction in which the 
proceedings were held. Any State conviction or adjudication of an act 
of violent juvenile delinquency that has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
by the jurisdiction in which the conviction or adjudication of an act 
of violent juvenile delinquency occurred shall not be considered to be 
a conviction or adjudication of an act of violent juvenile delinquency 
for purposes of this chapter,''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has been adjudicated to have committed an act of 
        violent juvenile delinquency.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has been adjudicated to have committed an act of 
        violent juvenile delinquency,''.
    (c) Effective Date.--The amendments made by this section shall only 
apply to an act of violent juvenile delinquency that occurs 180 days or 
more after the date of the enactment of this Act.

SEC. 404. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION 
              RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS 
              OF MASS DESTRUCTION.

    (a) Unlawful Conduct.--Section 842 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(p)(1) For purposes of this subsection:
            ``(A) The term `destructive device' has the same meaning as 
        in section 921(a)(4).
            ``(B) The term `explosive' has the same meaning as in 
        section 844(j).
            ``(C) The term `weapon of mass destruction' has the same 
        meaning as in section 2332a(c)(2).
    ``(2) It shall be unlawful for any person--
            ``(A) to teach or demonstrate the making or use of an 
        explosive, a destructive device, or a weapon of mass 
        destruction, or to distribute by any means information 
        pertaining to, in whole or in part, the manufacture or use of 
        an explosive, destructive device, or weapon of mass 
        destruction, with the intent that the teaching, demonstration, 
        or information be used for, or in furtherance of, an activity 
        that constitutes a Federal crime of violence; or
            ``(B) to teach or demonstrate to any person the making or 
        use of an explosive, a destructive device, or a weapon of mass 
        destruction, or to distribute to any person, by any means, 
        information pertaining to, in whole or in part, the manufacture 
        or use of an explosive, destructive device, or weapon of mass 
        destruction, knowing that such person intends to use the 
        teaching, demonstration, or information for, or in furtherance 
        of, an activity that constitutes a Federal crime of 
        violence.''.
    (b) Penalties.--Section 844 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``person who violates 
        any of subsections'' and inserting the following: ``person 
        who--
            ``(1) violates any of subsections'';
            (2) by striking the period and inserting ``; and'';
            (3) by adding at the end the following:
            ``(2) violates section 842(p)(2), shall be fined under this 
        title, imprisoned not more than 20 years, or both.''; and
            (4) in subsection (j), by inserting ``and section 842(p),'' 
        after ``this section,''.

SEC. 405. REQUIRING THEFTS FROM COMMON CARRIERS TO BE REPORTED.

    (a) Section 922(f) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3)(A) It shall be unlawful for any common or contract carrier to 
fail to report the theft or loss of a firearm within 48 hours after the 
theft or loss is discovered. The theft or loss shall be reported to the 
Secretary and to the appropriate local authorities.
    ``(B) The Secretary may impose a civil fine of not more than 
$10,000 on any person who knowingly violates subparagraph (A).''.
    (b) Section 924(a)(1)(B) of title 18, United States Code, is 
amended by striking ``(f),'' and inserting ``(f)(1), (f)(2),''.

SEC. 406. VOLUNTARY SUBMISSION OF DEALER'S RECORDS.

    Section 923(g)(4) of title 18, United States Code, is amended to 
read as follows:
    ``(4) Where a firearms or ammunition business is discontinued and 
succeeded by a new licensee, the records required to be kept by this 
chapter shall appropriately reflect such facts and shall be delivered 
to the successor. Upon receipt of such records the successor licensee 
may retain the records of the discontinued business or submit the 
discontinued business records to the Secretary. Additionally, a 
licensee while maintaining a firearms business may voluntarily submit 
the records required to be kept by this chapter to the Secretary if 
such records are at least 20 years old. Where discontinuance of the 
business is absolute, such records shall be delivered within thirty 
days after the business is discontinued to the Secretary. Where State 
law or local ordinance requires the delivery of records to another 
responsible authority, the Secretary may arrange for the delivery of 
such records to such other responsible authority.''.

SEC. 407. GRANT PROGRAM FOR JUVENILE RECORDS.

    (a) Program Authorization.--The Attorney General is authorized to 
provide grants to States to improve the quality and accessibility of 
juvenile records and to ensure juvenile records are routinely available 
for background checks performed in connection with the transfer of a 
firearm.
    (b) Eligibility.--
            (1) In general.--A State that wishes to receive a grant 
        under this section shall submit an application to the Attorney 
        General that meets the requirements of paragraph (2).
            (2) Assurance.--The application referred to in paragraph 
        (1) shall include an assurance that the State has in place a 
        system of records that ensures that juvenile records are 
        available for background checks performed in connection with 
        the transfer of a firearm, in which such system provides that--
                    (A) an adjudication of an act of violent juvenile 
                delinquency as defined in section 921(a)(20)(B) is not 
                expunged or set aside after a juvenile reaches the age 
                of majority; and
                    (B) such a juvenile record is available and 
                retained as if it were an adult record.
    (c) Allocation.--Of the total funds appropriated under subsection 
(e), each State that meets the requirements of subsection (b), shall be 
allocated an amount which bears the same ratio to the amount of funds 
so appropriated as the population of individuals under the age of 18 
living in such State for the most recent calendar year in which such 
data is available bears to the population of such individuals of all 
the States that meet the requirements of subsection (b) for such fiscal 
year.
    (d) Uses of Funds.--A State that receives a grant award under this 
section may use such funds to support the administrative record system 
referred to in subsection (b)(2).
    (e) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section, $25,000,000 for fiscal year 
2000 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.

     TITLE V--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND 
                               EXPLOSIVES

SEC. 501. MANDATORY MINIMUM SENTENCE FOR DISCHARGING A FIREARM IN A 
              SCHOOL ZONE.

    Section 924(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``922(q) shall be fined'' and inserting 
        ``922(q)(2) shall be fined''; and
            (2) by inserting after the first sentence the following: 
        ``Whoever violates section 922(q)(3) with reckless disregard 
        for the safety of another shall be fined under this title, 
        imprisoned not more than 20 years, or both, except that if 
        serious bodily injury results, shall be fined under this title, 
        imprisoned not more than 25 years, or both, or if death results 
        and the person has attained 16 years of age but has not 
        attained 18 years of age, shall be fined under this title, 
        sentenced to imprisonment for life or for any term of years, or 
        both, or if death results and the person has attained 18 years 
        of age, shall be fined under this title, sentenced to death or 
        to imprisonment for any term of years or for life, or both. 
        Whoever knowingly violates section 922(q)(3) shall be fined 
        under this title, imprisoned not less than 10 years and not 
        more than 20 years, or both, except that if serious bodily 
        injury results, shall be fined under this title, imprisoned not 
        less than 15 years and not more than 25 years, or both, or if 
        death results and the person has attained 16 years of age but 
        has not attained 18 years of age, shall be fined under this 
        title, sentenced to imprisonment for life, or both, or if death 
        results and the person has attained 18 years of age, shall be 
        fined under this title, sentenced to death or to imprisonment 
        for life, or both.''.

SEC. 502. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED VIOLENT 
              CRIMINALS.

    (a) Pretrial Detention For Possession of Firearms or Explosives By 
Convicted Felons.--Section 3156(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking ``and'' at the end of subparagraph (C) and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) (relating to possession of explosives 
                or firearms by convicted felons); and''.
    (b) Firearms Possession By Violent Felons and Serious Drug 
Offenders.--Section 924(a)(2) of title 18, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(A) Except as 
        provided in subparagraph (B), any person who''; and
            (2) by adding at the end the following:
    ``(B) Notwithstanding any other provision of law, the court shall 
not grant a probationary sentence for such a violation to a person who 
has more than 1 previous conviction for a violent felony (as defined in 
subsection (e)(2)(B)) or a serious drug offense (as defined in 
subsection (e)(2)(A)), committed under different circumstances.''.

SEC. 503. INCREASED PENALTIES FOR POSSESSING OR TRANSFERRING STOLEN 
              FIREARMS.

    (a) In General.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``(i), (j),''; 
                and
                    (B) by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (i) or (j) of section 
922 shall be fined under this title, imprisoned not more than 15 years, 
or both.'';
            (2) in subsection (i)(1), by striking ``10'' and inserting 
        ``15''; and
            (3) in subsection (l), by striking ``10'' and inserting 
        ``15''.
    (b) Sentencing Commission.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines to reflect the amendments 
made by subsection (a).

SEC. 504. INCREASED MANDATORY MINIMUM PENALTIES FOR USING A FIREARM TO 
              COMMIT A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c)(1)(A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking ``10 years.'' and 
                inserting ``12 years; and''; and
                    (C) by adding at the end the following:
                            ``(iv) if the firearm is used to injure 
                        another person, be sentenced to a term 
of imprisonment of not less than 15 years.''; and
            (2) in subsection (h), by striking ``imprisoned not more 
        than 10 years'' and inserting ``imprisoned not less than 5 
        years and not more than 10 years''.

SEC. 505. INCREASED PENALTIES FOR MISREPRESENTED FIREARMS PURCHASE IN 
              AID OF A SERIOUS VIOLENT FELONY.

    (a) In General.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) Notwithstanding paragraph (2), whoever knowingly violates 
section 922(a)(6) for the purpose of selling, delivering, or otherwise 
transferring a firearm, knowing or having reasonable cause to know that 
another person will carry or otherwise possess or discharge or 
otherwise use the firearm in the commission of a serious violent 
felony, shall be--
            ``(i) fined under this title, imprisoned not more than 15 
        years, or both; or
            ``(ii) imprisoned not less than 10 and not more than 20 
        years and fined under this title, if the procurement is for a 
        juvenile.
    ``(B) For purposes of this paragraph--
            ``(i) the term `juvenile' has the meaning given the term in 
        section 922(x); and
            ``(ii) the term `serious violent felony' has the meaning 
        given the term in section 3559(c)(2)(F).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 506. INCREASING PENALTIES ON GUN KINGPINS.

    (a) Increasing the Penalty for Engaging in an Illegal Firearms 
Business.--Section 924(a)(2) of title 18, United States Code, is 
amended by inserting ``, or willfully violates section 922(a)(1),'' 
after ``section 922''.
    (b) Sentencing Guidelines Increase for Certain Violations and 
Offenses.--Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Commission shall--
            (1) review and amend the Federal sentencing guidelines to 
        provide an appropriate enhancement for a violation of section 
        922(a)(1) of title 18, United States Code; and
            (2) review and amend the Federal sentencing guidelines to 
        provide additional sentencing increases, as appropriate, for 
        offenses involving more than 50 firearms.
The Commission shall promulgate the amendments provided for under this 
subsection as soon as is practicable in accordance with the procedure 
set forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.

SEC. 507. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.

    Section 924(a)(3) of title 18, United States Code, is amended by 
striking the period and inserting ``; but if the violation is in 
relation to an offense under subsection (a)(6) or (d) of section 922, 
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 508. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY 
              CONVICTION.

    Section 925(b) of title 18, United States Code, is amended by 
striking ``until any conviction pursuant to the indictment becomes 
final'' and inserting ``until the date of any conviction pursuant to 
the indictment''.

SEC. 509. INCREASED PENALTY FOR TRANSACTIONS INVOLVING FIREARMS WITH 
              OBLITERATED SERIAL NUMBERS.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 510. FORFEITURE FOR GUN TRAFFICKING.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(9) The court, in imposing a sentence on a person convicted of a 
gun trafficking offense, as defined in section 981(a)(1)(G), or a 
conspiracy to commit such offense, shall order the person to forfeit to 
the United States any conveyance used or intended to be used to commit 
such offense, and any property traceable to such conveyance.''.

SEC. 511. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is further amended by 
adding at the end the following:
    ``(q) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

SEC. 512. GUN CONVICTIONS AS PREDICATE CRIMES FOR ARMED CAREER CRIMINAL 
              ACT.

    (a) Section 924(e)(1) of title 18, United States Code, is amended--
            (1) by striking ``violent felony or a serious drug offense, 
        or both,'' and inserting ``violent felony, a serious drug 
        offense or a violation of section 922(g)(1), or a combination 
        of such offenses,''; and
            (2) by adding at the end the following: ``No more than two 
        convictions for violations of section 922(g)(1) shall be 
        considered in determining whether a person has three previous 
        convictions for purposes of this subsection.''.

SEC. 513. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED CAREER 
              CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(C) of title 18, United States Code, is amended by 
inserting ``or serious drug offense'' after ``violent felony''.

SEC. 514. FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE AND 
              FELONIES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(10) The court, in imposing a sentence on a person convicted of 
any crime of violence (as defined in section 16 of this title) or any 
felony under Federal law, shall order that the person forfeit to the 
United States any firearm (as defined in section 921(a)(3) of this 
title) used or intended to be used to commit or to facilitate the 
commission of the offense.''.
    (b) Disposal of Property.--Section 981(c) of title 18, United 
States Code, is amended by adding at the end the following flush 
sentence:
``Any firearm forfeited pursuant to subsection (a)(1)(H) of this 
section or section 982(a)(10) of this title shall be disposed of by the 
seizing agency in accordance with law.''.
    (c) Authority To Forfeit Property Under Section 924(d).--Section 
924(d) of title 18, United States Code, is amended by adding at the end 
the following:
    ``(4) Whenever any firearm is subject to forfeiture under this 
section, the Secretary of the Treasury shall have the authority to 
seize and forfeit, in accordance with the procedures of the applicable 
forfeiture statute, any property otherwise forfeitable under the laws 
of the United States that was involved in or derived from the crime of 
violence or drug trafficking crime described in subsection (c) in which 
the forfeited firearm was used or carried.''.
    (d) 120-Day Rule for Administrative Forfeiture.--Section 924(d)(1) 
of title 18, United States Code, is amended by adding 
``administrative'' after ``Any'' in the last sentence.
    (e) Section 3665.--Section 3665 of title 18, United States Code, is 
amended--
            (1) by redesignating the first undesignated paragraph as 
        subsection (a)(1) and the second undesignated paragraph as 
        subsection (a)(2); and
            (2) by adding at the end the following:
    ``(b) The forfeiture of property under this section, including any 
seizure and disposition of the property and any related administrative 
or judicial proceeding, shall be governed by the provisions of section 
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to 
forfeitures under this section.''.

SEC. 515. SEPARATE LICENSES FOR GUNSMITHS.

    (a) Section 921(a)(11) of title 18, United States Code, is amended 
to read as follows:
    ``(11) The term `dealer' means (A) any person engaged in the 
business as a firearms dealer, (B) any person engaged in the business 
as a gunsmith, or (C) any person who is a pawnbroker. The term 
`licensed dealer' means any dealer who is licensed under the provisions 
of this chapter.''.
    (b) Section 921(a) of title 18, United States Code, is amended by 
redesignating paragraphs (12) through (33) as paragraphs (14) through 
(35), and by inserting after paragraph (11) the following:
            ``(12) The term `firearms dealer' means any person who is 
        engaged in the business of selling firearms at wholesale or 
        retail.
            ``(13) The term `gunsmith' means any person, other than a 
        licensed manufacturer, licensed importer, or licensed dealer, 
        who is engaged in the business of repairing firearms or of 
        making or fitting special barrels, stocks or trigger mechanisms 
        to firearms.''.
    (c) Section 923(a)(3) of title 18, United States Code is amended to 
read as follows:
            ``(3) If the applicant is a dealer who is--
                    ``(A) a dealer in destructive devices or ammunition 
                for destructive devices, a fee of $1,000 per year;
                    ``(B) a dealer in firearms who is not a dealer in 
                destructive devices, a fee of $200 for 3 years, except 
                that the fee for renewal of a valid license shall be 
                $90 for 3 years; or
                    ``(C) a gunsmith, a fee of $100 for 3 years, except 
                that the fee for renewal of a valid license shall be 
                $50 for 3 years.''.

SEC. 516. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.

    (a) Permits for Purchase of Explosives in General.--Section 842 of 
title 18, United States Code, is amended--
            (1) by amending subparagraphs (A) and (B) of subsection 
        (a)(3) to read as follows:
                    ``(A) to transport, ship, cause to be transported, 
                or receive any explosive materials; or
                    ``(B) to distribute explosive materials to any 
                person other than a licensee or permittee.''; and
            (2) in subsection (b)--
                    (A) by adding ``or'' at the end of paragraph (1);
                    (B) by striking ``; or'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3).
    (b) Background Checks.--Section 842 of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(q)(1) A licensed importer, licensed manufacturer, or licensed 
dealer shall not transfer explosive materials to any other person who 
is not a licensee under section 843 of this title unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 103(d) of the Brady Handgun Violence 
        Prevention Act;
            ``(B)(i) the system provides the licensee with a unique 
        identification number; or
            ``(ii) 5 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 explosive materials by such other person would 
        violate subsection (i) of this section;
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1038(d)(1) of this title) of the transferee 
        containing a photograph of the transferee; and
            ``(D) the transferor has examined the permit issued to the 
        transferee pursuant to section 843 of this title and recorded 
        the permit number on the record of the transfer.
    ``(2) If receipt of explosive materials would not violate section 
842(i) of this title or State law, the system shall--
            ``(A) assign a unique identification number to the 
        transfer; and
            ``(B) provide the licensee with the number.
    ``(3) Paragraph (1) shall not apply to the transfer of explosive 
materials between a licensee and another person if on application of 
the transferor, the Secretary has certified that compliance with 
paragraph (1)(A) is impracticable because--
            ``(A) 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;
            ``(B) 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 section 
        922(s)(8)); and
            ``(C) 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 explosive materials by such other 
person would violate subsection (i) or State law, and the licensee 
transfers explosive materials 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 explosive materials to 
such other person and knowingly fails to comply with paragraph (1) of 
this subsection with respect to the transfer, 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 843 
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 
        explosive materials to a person whose receipt or possession of 
        the explosive materials is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess explosive materials.''.
    (c) Administrative Provisions.--Section 103 of the Brady Handgun 
Violence Prevention Act (18 U.S.C. 922 note) is amended--
            (1) in subsection (f), by inserting ``or explosive 
        materials'' after ``firearm''; and
            (2) in subsection (g), by inserting ``or that receipt of 
        explosive materials by a prospective transferee would violate 
        section 842(i) of such title, or State law,'' after ``State 
        law,''.
    (d) Remedy for Erroneous Denial of Explosive Materials.--
            (1) In general.--Chapter 40 of title 18, United States 
        Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
    ``Any person denied explosive materials pursuant to section 
842(q)--
            ``(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 Handgun 
        Violence Prevention Act; or
            ``(2) who was not prohibited from receipt of explosive 
        materials pursuant to section 842(i),
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.''.
            (2) Technical amendment.--The section analysis for chapter 
        40 of title 18, United States Code, is amended by inserting 
        after the item relating to section 843 the following:

``843A. Remedy for erroneous denial of explosive materials.''.
    (e) Regulations.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        issue final regulations with respect to the amendments made by 
        subsection (a).
            (2) Notice to states.--On the issuance of regulations 
        pursuant to paragraph (1), the Secretary of the Treasury shall 
        notify the States of the regulations so that the States may 
        consider revising their explosives laws.
    (f) Licenses and User Permits.--Section 843(a) of title 18, United 
States Code, is amended--
            (1) by inserting ``, including fingerprints and a 
        photograph of the applicant'' before the period at the end of 
        the first sentence; and
            (2) by striking the second sentence and inserting, ``Each 
        applicant for a license shall pay for each license a fee 
        established by the Secretary that shall not exceed $300. Each 
        applicant for a permit shall pay for each permit a fee 
        established by the Secretary that shall not exceed $100.''.
    (g) Penalties.--Section 844 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (a) as subsection (a)(1); 
        and
            (2) by inserting after subsection (a)(1) the following new 
        paragraph:
    ``(2) Any person who violates section 842(q) shall be fined under 
this title, imprisoned for not more than 5 years, or both.''.
    (h) Effective Date.--The amendments made by subsections (a), (b), 
(c), (d), and (g) shall take effect 18 months after the date of 
enactment of the Act.

SEC. 517. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVES.

    (a) Distribution of Explosives.--Section 842(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (5), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period and inserting 
        ``or who has been committed to a mental institution;''; and
            (3) by adding at the end the following:
            ``(7) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (q)(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)));
            ``(8) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(9) having been a citizen of the United States, has 
        renounced his citizenship;
            ``(10) is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) 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; and
                    ``(C)(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;
            ``(11) has been convicted in any court of a misdemeanor 
        crime of domestic violence; or
            ``(12) has been adjudicated delinquent.''.
    (b) Possession of Explosives.--Section 842(i) of title 18, United 
States Code, is amended--
            (1) in paragraph (3), by striking ``or'' at the end; and
            (2) by adding at the end the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (q)(2), has 
                been admitted to the United States under a non-
                immigrant 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) who is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) 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; and
                    ``(C)(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;
            ``(9) who has been convicted in any court of a misdemeanor 
        crime of domestic violence; or
            ``(10) who has been adjudicated delinquent.''.
    (c) Definition.--Section 841 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(r)(1) Except as provided in paragraph (2), `misdemeanor crime of 
domestic violence' means an offense that--
            ``(A) is a misdemeanor under Federal or State law; and
            ``(B) has, as an element, the use or attempted use of 
        physical force, or the threatened use of a deadly weapon, 
        committed by a current or former spouse, parent, or guardian of 
        the victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim as a spouse, parent, or guardian, or by a 
        person similarly situated to a spouse, parent, or guardian of 
        the victim.
    ``(2)(A) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter, unless--
            ``(i) the person was represented by counsel in the case, or 
        knowingly and intelligently waived the right to counsel in the 
        case; and
            ``(ii) in the case of a prosecution for an offense 
        described in this paragraph for which a person was entitled to 
        a jury trial in the jurisdiction in which the case was tried--
                    ``(I) the case was tried by a jury; or
                    ``(II) the person knowingly and intelligently 
                waived the right to have the case tried by jury, by 
                guilty plea or otherwise.
    ``(B) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter if the conviction has been 
expunged or set aside, or is an offense for which the person has been 
pardoned or has had civil rights restored (if the law of the applicable 
jurisdiction provides for the loss of civil rights under such an 
offense) unless the pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, possess, or 
receive firearms.
    ``(s) `Adjudicated delinquent' means an adjudication of delinquency 
based upon a finding of the commission of an act by a person prior to 
his or her eighteenth birthday that, if committed by an adult, would be 
a serious drug offense or violent felony (as defined in section 
3559(c)(2) of this title), on or after the date of enactment of this 
paragraph.''.
    (d) Aliens Admitted Under Nonimmigrant Visas.--Section 842 is 
amended by adding at the end the following:
    ``(r)(1) For purposes of this subsection--
            ``(A) the term `alien' has the same meaning as in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3)); and
            ``(B) the term `nonimmigrant visa' has the same meaning as 
        in section 101(a)(26) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(26)).
    ``(2) Sections (d)(7)(B) and (i)(5)(B) do not apply to any alien 
who has been lawfully admitted to the United States under a 
nonimmigrant visa, if that alien is a foreign law enforcement officer 
of a friendly foreign government entering the United States on official 
law enforcement business.
    ``(3)(A) Any individual who has been admitted to the United States 
under a nonimmigrant visa may receive a waiver from the requirements of 
subsection (i)(5)(B), if--
            ``(i) the individual submits to the Attorney General a 
        petition that meets the requirements of subparagraph (C); and
            ``(ii) the Attorney General approves the petition.
    ``(B) Each petition under subparagraph (B) shall--
            ``(i) demonstrate that the petitioner has resided in the 
        United States for a continuous period of not less than 180 days 
        before the date on which the petition is submitted under this 
        paragraph; and
            ``(ii) include a written statement from the embassy or 
        consulate of the petitioner, authorizing the petitioner to 
        acquire explosives and certifying that the alien would not, 
        absent the application of subsection (i)(5)(B), otherwise be 
        prohibited from such an acquisition under subsection (i).
    ``(C) The Attorney General shall approve a petition submitted in 
accordance with this paragraph, if the Attorney General determines that 
waiving the requirements of subsection (i)(5)(B) with respect to the 
petitioner--
            ``(i) would be in the interests of justice; and
            ``(ii) would not jeopardize the public safety.''.
    (e) Conforming Amendment.--Section 845 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Notwithstanding any other provision of this section, no 
person convicted of a misdemeanor crime of domestic violence may ship 
or transport any explosive materials in interstate or foreign commerce 
or to receive or possess any explosive materials which have been 
shipped or transported in interstate or foreign commerce.''.

    TITLE VI--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS

SEC. 601. INCREASED MANDATORY MINIMUM PENALTIES FOR USING MINORS TO 
              DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 602. INCREASED MANDATORY MINIMUM PENALTIES FOR DISTRIBUTING DRUGS 
              TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 603. INCREASED MANDATORY MINIMUM PENALTIES FOR DRUG TRAFFICKING IN 
              OR NEAR A SCHOOL OR OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``three years'' each 
        place that term appears and inserting ``5 years''.

SEC. 604. CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a), in the second undesignated 
        paragraph--
                    (A) by striking ``5'' and inserting ``3'';
                    (B) by inserting ``, whether formal or informal'' 
                after ``or more persons''; and
                    (C) in subparagraph (A), by inserting ``or 
                activities'' after ``purposes'';
            (2) in subsection (b), by inserting after ``10 years'' the 
        following: ``and such person shall be subject to the forfeiture 
        prescribed in section 412 of the Controlled Substances Act (21 
        U.S.C. 853)'';
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon;
                    (C) by adding at the end the following:
            ``(3) that is a violation of section 522 (relating to the 
        recruitment of persons to participate in criminal gang 
        activity);
            ``(4) that is a violation of section 844, 875, or 876 
        (relating to extortion and threats), section 1084 (relating to 
        gambling), section 1955 (relating to gambling), or chapter 73 
        (relating to obstruction of justice);
            ``(5) that is a violation of section 1956 (relating to 
        money laundering), to the extent that the violation of such 
        section is related to a Federal or State offense involving a 
        controlled substance (as that term is defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)); or
            ``(6) that is a violation of section 274(a)(1)(A), 277, or 
        278 of the Immigration and Nationality Act (8 U.S.C. 
        1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling); 
        and
            ``(7) a conspiracy, attempt, or solicitation to commit an 
        offense described in paragraphs (1) through (6).''.
    (b) Technical and Conforming Amendment.--Section 3663(c)(4) of 
title 18, United States Code, is amended by striking ``chapter 46'' and 
inserting ``section 521, chapter 46,''.

SEC. 605. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A 
              GANG MEMBER.

    (a) Definition of Criminal Street Gang.--In this section, the term 
``criminal street gang'' has the meaning given that term in section 
521(a) of title 18, United States Code.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal Sentencing 
        Guidelines to provide an appropriate enhancement for any 
        Federal offense described in section 521(c) of title 18, United 
        States Code, if the offense was both committed in connection 
        with, or in furtherance of, the activities of a criminal street 
        gang and the defendant was a member of the criminal street gang 
        at the time of the offense.
            (2) Factors to be considered.--In determining an 
        appropriate enhancement under this section, the United States 
        Sentencing Commission shall give great weight to the 
        seriousness of the offense, the offender's relative position in 
        the criminal gang, and the risk of death or serious bodily 
        injury to any person posed by the offense.
    (c) Construction With Other Guidelines.--The amendment made by 
subsection (b) shall provide that the increase in the offense level 
shall be in addition to any other adjustment under chapter 3 of the 
Federal Sentencing Guidelines.

SEC. 606. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL GANGS.

    (a) Travel Act Amendment.--Section 1952 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation in aid of 
              racketeering enterprises
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A);
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity;
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;
                    ``(B) extortion, bribery, arson, burglary if the 
                offense involves property valued at not less than 
                $10,000, assault with a deadly weapon, assault 
                resulting in bodily injury, shooting at an occupied 
                dwelling or motor vehicle, or retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, in violation of the laws of the State in 
                which the offense is committed or of the United States; 
                or
                    ``(C) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        Sentencing Guidelines to provide an appropriate increase in the 
        offense levels for traveling in interstate or foreign commerce 
        in aid of unlawful activity.
            (2) Unlawful activity defined.--In this subsection, the 
        term ``unlawful activity'' has the meaning given that term in 
        section 1952(b) of title 18, United States Code, as amended by 
        this section.
            (3) Sentencing enhancement for recruitment across state 
        lines.--Pursuant to its authority under section 994(p) of title 
        28, United States Code, the United States Sentencing Commission 
        shall amend the Federal Sentencing Guidelines to provide an 
appropriate enhancement for a person who, in violating section 522 of 
title 18, United States Code, recruits, solicits, induces, commands, or 
causes another person residing in another State to be or to remain a 
member of a criminal street gang, or crosses a State line with the 
intent to recruit, solicit, induce, command, or cause another person to 
be or to remain a member of a criminal street gang.

SEC. 607. GANG-RELATED WITNESS INTIMIDATION AND RETALIATION.

    (a) Interstate Travel to Engage in Witness Intimidation or 
Obstruction of Justice.--Section 1952 of title 18, United States Code, 
is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce with intent 
by bribery, force, intimidation, or threat, directed against any 
person, to delay or influence the testimony of or prevent from 
testifying a witness in a State criminal proceeding or by any such 
means to cause any person to destroy, alter, or conceal a record, 
document, or other object, with intent to impair the object's integrity 
or availability for use in such a proceeding, and thereafter engages or 
endeavors to engage in such conduct, shall be fined under this title or 
imprisoned not more than 10 years, or both; and if serious bodily 
injury (as defined in section 1365 of this title) results, shall be so 
fined or imprisoned for not more than 20 years, or both; and if death 
results, shall be so fined and imprisoned for any term of years or for 
life, or both, and may be sentenced to death.''.
    (b) Conspiracy Penalty for Obstruction of Justice Offenses 
Involving Victims, Witnesses, and Informants.--Section 1512 of title 
18, United States Code, is amended by adding at the end the following:
    ``(j) Whoever conspires to commit any offense defined in this 
section or section 1513 of this title shall be subject to the same 
penalties as those prescribed for the offense the commission of which 
was the object of the conspiracy.''.
    (c) Witness Relocation Survey and Training Program.--
            (1) Survey.--The Attorney General shall survey all State 
        and selected local witness protection and relocation programs 
        to determine the extent and nature of such programs and the 
        training needs of those programs. Not later than 270 days after 
        the date of the enactment of this section, the Attorney General 
        shall report the results of this survey to Congress.
            (2) Training.--Based on the results of such survey, the 
        Attorney General shall make available to State and local law 
        enforcement agencies training to assist those law enforcement 
        agencies in developing and managing witness protection and 
        relocation programs.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out paragraphs (1) and (2) for 
        fiscal year 2000 not to exceed $500,000.
    (d) Federal-State Coordination and Cooperation Regarding 
Notification of Interstate Witness Relocation.--
            (1) Attorney general to promote interstate coordination.--
        The Attorney General shall engage in activities, including the 
        establishment of a model Memorandum of Understanding under 
        paragraph (2), which promote coordination among State and local 
        witness interstate relocation programs.
            (2) Model memorandum of understanding.--The Attorney 
        General shall establish a model Memorandum of Understanding for 
        States and localities that engage in interstate witness 
        relocation. Such a model Memorandum of Understanding shall 
        include a requirement that notice be provided to the 
        jurisdiction to which the relocation has been made by the State 
        or local law enforcement agency that relocates a witness to 
        another State who has been arrested for or convicted of a crime 
        of violence as described in section 16 of title 18, United 
        States Code.
            (3) Byrne grant assistance.--The Attorney General is 
        authorized to expend up to 10 percent of the total amount 
        appropriated under section 511 of subpart 2 of part E of the 
        Omnibus Crime Control and Safe Streets Act of 1968 for purposes 
        of making grants pursuant to section 510 of that Act to those 
        jurisdictions that have interstate witness relocation programs 
        and that have substantially followed the model Memorandum of 
        Understanding.
            (4) Guidelines and determination of eligibility.--The 
        Attorney General shall establish guidelines relating to the 
        implementation of paragraph (4) and shall determine, consistent 
        with such guidelines, which jurisdictions are eligible for 
        grants under paragraph (4).
    (d) Byrne Grants.--Section 501(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period at the end paragraph (26) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(27) developing and maintaining witness security and 
        relocation programs, including providing training of personnel 
        in the effective management of such programs.''.
    (e) Definition.--As used in this section, the term ``State'' 
includes the District of Columbia, Puerto Rico, and any other 
commonwealth, territory, or possession of the United States.
                                 <all>
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