I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Safety and

5 Youth Violence Prevention Act of 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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.
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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.
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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.

1 TITLE I—JUVENILE JUSTICE

2 REFORM

3 SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL

4 PROSECUTIONS IN DISTRICT COURTS.

5 Section 5032 of title 18, United States Code, is

6 amended to read as follows:

7 ‘‘§ 5032. Delinquency proceedings or criminal pros8 ecutions in district courts

9 ‘‘(a)(1) A juvenile alleged to have committed an of10 fense against the United States or an act of juvenile delin11 quency may be surrendered to State or Indian tribal au12 thorities, but if not so surrendered, shall be proceeded

13 against as a juvenile under this subsection or tried as an

14 adult in the circumstances described in subsections (b)

15 and (c).
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1 ‘‘(2) A juvenile may be proceeded against as a juve2 nile in a court of the United States under this subsection

3 if—

4 ‘‘(A) the alleged offense or act of juvenile delin5 quency is committed within the special maritime and

6 territorial jurisdiction of the United States and is

7 one for which the maximum authorized term of im8 prisonment does not exceed 6 months; or

9 ‘‘(B) the Attorney General, after investigation,

10 certifies to the appropriate United States district

11 court that—

12 ‘‘(i) the juvenile court or other appropriate

13 court of a State or Indian tribe does not have

14 jurisdiction or declines to assume jurisdiction

15 over the juvenile with respect to the alleged act

16 of juvenile delinquency, or

17 ‘‘(ii) there is a substantial Federal interest

18 in the case or the offense to warrant the exer19 cise of Federal jurisdiction.

20 ‘‘(3) If the Attorney General does not so certify or

21 does not have authority to try such juvenile as an adult,

22 such juvenile shall be surrendered to the appropriate legal

23 authorities of such State or tribe.

24 ‘‘(4) If a juvenile alleged to have committed an act

25 of juvenile delinquency is proceeded against as a juvenile
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1 under this section, any proceedings against the juvenile

2 shall be in an appropriate district court of the United

3 States. For such purposes, the court may be convened at

4 any time and place within the district, and shall be open

5 to the public, except that the court may exclude all or

6 some members of the public, other than a victim unless

7 the victim is a witness in the determination of guilt or

8 innocence, if required by the interests of justice or if other

9 good cause is shown. The Attorney General shall proceed

10 by information or as authorized by section 3401(g) of this

11 title, and no criminal prosecution shall be instituted except

12 as provided in this chapter.

13 ‘‘(b)(1) Except as provided in paragraph (2), a juve14 nile shall be prosecuted as an adult—

15 ‘‘(A) if the juvenile has requested in writing

16 upon advice of counsel to be prosecuted as an adult;

17 or

18 ‘‘(B) if the juvenile is alleged to have committed

19 an act after the juvenile attains the age of 14 years

20 which if committed by an adult would be a serious

21 violent felony or a serious drug offense described in

22 section 3559(c) of this title, or a conspiracy or at23 tempt to commit that felony or offense, which is

24 punishable under section 406 of the Controlled Sub25 stances Act (21 U.S.C. 846), or section 1013 of the
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1 Controlled Substances Import and Export Act (21

2 U.S.C. 963).

3 ‘‘(2) The requirements of paragraph (1) do not apply

4 if the Attorney General certifies to the appropriate United

5 States district court that the interests of public safety are

6 best served by proceeding against the juvenile as a juve7 nile.

8 ‘‘(c)(1) A juvenile may also be prosecuted as an adult

9 if the juvenile is alleged to have committed an act after

10 the juvenile has attained the age of 13 years which if com11 mitted by a juvenile after the juvenile attained the age

12 of 14 years would require that the juvenile be prosecuted

13 as an adult under subsection (b), upon approval of the

14 Attorney General.

15 ‘‘(2) The Attorney General shall not delegate the au16 thority to give the approval required under paragraph (1)

17 to an officer or employee of the Department of Justice

18 at a level lower than a Deputy Assistant Attorney General.

19 ‘‘(3) Such approval shall not be granted, with respect

20 to a juvenile who has not attained the age of 14 and who

21 is subject to the criminal jurisdiction of an Indian tribal

22 government and who is alleged to have committed an act

23 over which, if committed by an adult, there would be Fed24 eral jurisdiction based solely on its commission in Indian

25 country (as defined in section 1151), unless the governing
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1 body of the tribe having jurisdiction over the place in

2 which the alleged act was committed has before such act

3 notified the Attorney General in writing of its election that

4 prosecution may take place under this subsection.

5 ‘‘(4) A juvenile may also be prosecuted as an adult

6 if the juvenile is alleged to have committed an act which

7 is not described in subsection (b)(1)(B) after the juvenile

8 has attained the age of 14 years and which if committed

9 by an adult would be—

10 ‘‘(A) a crime of violence (as defined in sec11 tion 3156(a)(4)) that is a felony;

12 ‘‘(B) an offense described in section

13 844(d), (k), or (l), or subsection (a)(4) or (6),

14 (b), (g), (h), (j), (k), or (l) of section 924;

15 ‘‘(C) a violation of section 922(o) that is

16 an offense under section 924(a)(2);

17 ‘‘(D) a violation of section 5861 of the In18 ternal Revenue Code of 1986 that is an offense

19 under section 5871 of such Code (26 U.S.C.

20 5871);

21 ‘‘(E) a conspiracy to commit an offense de22 scribed in any of subparagraphs (A) through

23 (D); or

24 ‘‘(F) an offense described in section 401 or

25 408 of the Controlled Substances Act (21
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1 U.S.C. 841, 848) or a conspiracy or attempt to

2 commit that offense which is punishable under

3 section 406 of the Controlled Substances Act

4 (21 U.S.C. 846), or an offense punishable

5 under section 409 or 419 of the Controlled Sub6 stances Act (21 U.S.C. 849, 860), or an offense

7 described in section 1002, 1003, 1005, or 1009

8 of the Controlled Substances Import and Ex9 port Act (21 U.S.C. 952, 953, 955, or 959), or

10 a conspiracy or attempt to commit that offense

11 which is punishable under section 1013 of the

12 Controlled Substances Import and Export Act

13 (21 U.S.C. 963).

14 ‘‘(d) A determination to approve or not to approve,

15 or to institute or not to institute, a prosecution under sub16 section (b) or (c), and a determination to file or not to

17 file, and the contents of, a certification under subsection

18 (a) or (b) shall not be reviewable in any court.

19 ‘‘(e) In a prosecution under subsection (b) or (c), the

20 juvenile may be prosecuted and convicted as an adult for

21 any other offense which is properly joined under the Fed22 eral Rules of Criminal Procedure, and may also be con23 victed of a lesser included offense.

24 ‘‘(f) The Attorney General shall annually report to

25 Congress—
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1 ‘‘(1) the number of juveniles adjudicated delin2 quent or tried as adults in Federal court;

3 ‘‘(2) the race, ethnicity, and gender of those ju4 veniles;

5 ‘‘(3) the number of those juveniles who were

6 abused or neglected by their families, to the extent

7 such information is available; and

8 ‘‘(4) the number and types of assault crimes,

9 such as rapes and beatings, committed against juve10 niles while incarcerated in connection with the adju11 dication or conviction.

12 ‘‘(g) As used in this section—

13 ‘‘(1) the term ‘State’ includes a State of the

14 United States, the District of Columbia, any com15 monwealth, territory, or possession of the United

16 States and, with regard to an act of juvenile delin17 quency that would have been a misdemeanor if com18 mitted by an adult, a federally recognized tribe; and

19 ‘‘(2) the term ‘serious violent felony’ has the

20 same meaning given that term in section

21 3559(c)(2)(F)(i).’’.

22 SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI23 CIAL OFFICER.

24 Section 5033 of title 18, United States Code, is

25 amended to read as follows:
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1 ‘‘§ 5033. Custody prior to appearance before judicial

2 officer

3 ‘‘(a) Whenever a juvenile is taken into custody, the

4 arresting officer shall immediately advise such juvenile of

5 the juvenile’s rights, in language comprehensible to a juve6 nile. The arresting officer shall promptly take reasonable

7 steps to notify the juvenile’s parents, guardian, or custo8 dian of such custody, of the rights of the juvenile, and

9 of the nature of the alleged offense.

10 ‘‘(b) The juvenile shall be taken before a judicial offi11 cer without unreasonable delay.’’.

12 SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO

13 SECTION 5034.

14 Section 5034 of title 18, United States Code, is

15 amended—

16 (1) by striking ‘‘The’’ each place it appears at

17 the beginning of a paragraph and inserting ‘‘the’’;

18 (2) by striking ‘‘If’’ at the beginning of the 3rd

19 paragraph and inserting ‘‘if’’;

20 (3)(A) by designating the 3 paragraphs as

21 paragraphs (1), (2), and (3), respectively; and

22 (B) by moving such designated paragraphs 2

23 ems to the right; and

24 (4) by inserting at the beginning of such section

25 before those paragraphs the following:

26 ‘‘In a proceeding under section 5032(a)—’’.
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1 SEC. 104. DETENTION PRIOR TO DISPOSITION OR SEN2 TENCING.

3 Section 5035 of title 18, United States Code, is

4 amended to read as follows:

5 ‘‘§ 5035. Detention prior to disposition or sentencing

6 ‘‘(a) A juvenile alleged to be delinquent or a juvenile

7 being prosecuted as an adult, if detained at any time prior

8 to sentencing, shall be detained in such suitable place as

9 the Attorney General may designate. Whenever appro10 priate, detention shall be in a foster home or community

11 based facility. Preference shall be given to a place located

12 within, or within a reasonable distance of, the district in

13 which the juvenile is being prosecuted.

14 ‘‘(b) To the maximum extent feasible, a juvenile pros15 ecuted pursuant to subsection (b) or (c) of section 5032

16 shall not be detained prior to sentencing in any facility

17 in which the juvenile has regular contact with adult per18 sons convicted of a crime or awaiting trial on criminal

19 charges.

20 ‘‘(c) A juvenile who is proceeded against under sec21 tion 5032(a) shall not be detained prior to disposition in

22 any facility in which the juvenile has regular contact with

23 adult persons convicted of a crime or awaiting trial on

24 criminal charges.

25 ‘‘(d) Every juvenile who is detained prior to disposi26 tion or sentencing shall be provided with reasonable safety
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1 and security and with adequate food, heat, light, sanitary

2 facilities, bedding, clothing, recreation, education, and

3 medical care, including necessary psychiatric, psycho4 logical, or other care and treatment.’’.

5 SEC. 105. SPEEDY TRIAL.

6 Section 5036 of title 18, United States Code, is

7 amended by—

8 (1) striking ‘‘If an alleged delinquent’’ and in9 serting ‘‘If a juvenile proceeded against under sec10 tion 5032(a)’’;

11 (2) striking ‘‘thirty’’ and inserting ‘‘45’’; and

12 (3) striking ‘‘the court,’’ and all that follows

13 through the end of the section and inserting ‘‘the

14 court. The periods of exclusion under section

15 3161(h) of this title shall apply to this section.’’.

16 SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE17 TENTION, FINES AND SUPERVISED RELEASE

18 FOR JUVENILE OFFENDERS.

19 (a) DISPOSITION.—Section 5037 of title 18, United

20 States Code, is amended to read as follows:

21 ‘‘§ 5037. Disposition

22 ‘‘(a) In a proceeding under section 5032(a), if the

23 court finds a juvenile to be a juvenile delinquent, the court

24 shall hold a hearing concerning the appropriate disposition

25 of the juvenile no later than 40 court days after the find-
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1 ing of juvenile delinquency, unless the court has ordered

2 further study pursuant to subsection (e). A predisposition

3 report shall be prepared by the probation officer who shall

4 promptly provide a copy to the juvenile, the juvenile’s

5 counsel, and the attorney for the Government. Victim im6 pact information shall be included in the report, and vic7 tims, or in appropriate cases their official representatives,

8 shall be provided the opportunity to make a statement to

9 the court in person or present any information in relation

10 to the disposition. After the dispositional hearing, and

11 after considering the sanctions recommended pursuant to

12 subsection (f), the court shall impose an appropriate sanc13 tion, including the ordering of restitution pursuant to sec14 tion 3556 of this title. The court may order the juvenile’s

15 parent, guardian, or custodian to be present at the

16 dispositional hearing and the imposition of sanctions and

17 may issue orders directed to such parent, guardian, custo18 dian regarding conduct with respect to the juvenile. With

19 respect to release or detention pending an appeal or a peti20 tion for a writ of certiorari after disposition, the court

21 shall proceed pursuant to chapter 207.

22 ‘‘(b) The term for which probation may be ordered

23 for a juvenile found to be a juvenile delinquent may not

24 extend beyond the maximum term that would be author25 ized by section 3561(c) if the juvenile had been tried and
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1 convicted as an adult. Sections 3563, 3564, and 3565 are

2 applicable to an order placing a juvenile on probation.

3 ‘‘(c) The term for which official detention may be or4 dered for a juvenile found to be a juvenile delinquent may

5 not extend beyond the lesser of—

6 ‘‘(1) the maximum term of imprisonment that

7 would be authorized if the juvenile had been tried

8 and convicted as an adult;

9 ‘‘(2) ten years; or

10 ‘‘(3) the date when the juvenile becomes twen11 ty-six years old.

12 Section 3624 is applicable to an order placing a juvenile

13 in detention.

14 ‘‘(d) The term for which supervised release may be

15 ordered for a juvenile found to be a juvenile delinquent

16 may not extend beyond 5 years. Subsections (c) through

17 (i) of section 3583 apply to an order placing a juvenile

18 on supervised release.

19 ‘‘(e) If the court desires more detailed information

20 concerning a juvenile alleged to have committed an act of

21 juvenile delinquency or a juvenile adjudicated delinquent,

22 it may commit the juvenile, after notice and hearing at

23 which the juvenile is represented by counsel, to the custody

24 of the Attorney General for observation and study by an

25 appropriate agency or entity. Such observation and study
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1 shall be conducted on an outpatient basis, unless the court

2 determines that inpatient observation and study are nec3 essary to obtain the desired information. In the case of

4 an alleged juvenile delinquent, inpatient study may be or5 dered only with the consent of the juvenile and the juve6 nile’s attorney. The agency or entity shall make a study

7 of all matters relevant to the alleged or adjudicated delin8 quent behavior and the court’s inquiry. The Attorney Gen9 eral shall submit to the court and the attorneys for the

10 juvenile and the Government the results of the study with11 in 30 days after the commitment of the juvenile, unless

12 the court grants additional time. Time spent in custody

13 under this subsection shall be excluded for purposes of sec14 tion 5036.

15 ‘‘(f)(1) The United States Sentencing Commission, in

16 consultation with the Attorney General, shall develop a list

17 of possible sanctions for juveniles adjudicated delinquent.

18 ‘‘(2) Such list shall—

19 ‘‘(A) be comprehensive in nature and encom20 pass punishments of varying levels of severity;

21 ‘‘(B) include terms of confinement; and

22 ‘‘(C) provide punishments that escalate in se23 verity with each additional or subsequent more seri24 ous delinquent conduct.’’.
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1 (b) EFFECTIVE DATE.—The Sentencing Commission

2 shall develop the list required pursuant to section 5037(f),

3 as amended by subsection (a), not later than 180 days

4 after the date of the enactment of this Act.

5 (c) CONFORMING AMENDMENT TO ADULT SEN6 TENCING SECTION.—Section 3553 of title 18, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

10 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

11 UNDER THE AGE OF 16.—Notwithstanding any other pro12 vision of law, in the case of a defendant convicted for con13 duct that occurred before the juvenile attained the age of

14 16 years, the court shall impose a sentence without regard

15 to any statutory minimum sentence, if the court finds at

16 sentencing, after affording the Government an opportunity

17 to make a recommendation, that the juvenile has not been

18 previously adjudicated delinquent for or convicted of an

19 offense described in section 5032(b)(1)(B).’’.

20 SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.

21 Section 5038 of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘§ 5038. Juvenile records and fingerprinting

24 ‘‘(a)(1) Throughout and upon the completion of the

25 juvenile delinquency proceeding under section 5032(a), the
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1 court shall keep a record relating to the arrest and adju2 dication that is—

3 ‘‘(A) equivalent to the record that would be

4 kept of an adult arrest and conviction for such an

5 offense; and

6 ‘‘(B) retained for a period of time that is equal

7 to the period of time records are kept for adult con8 victions.

9 ‘‘(2) Such records shall be made available for official

10 purposes, including communications with any victim or, in

11 the case of a deceased victim, such victim’s representative,

12 or school officials, and to the public to the same extent

13 as court records regarding the criminal prosecutions of

14 adults are available.

15 ‘‘(b) The Attorney General shall establish guidelines

16 for fingerprinting and photographing a juvenile who is the

17 subject of any proceeding authorized under this chapter.

18 Such guidelines shall address the availability of pictures

19 of any juvenile taken into custody but not prosecuted as

20 an adult. Fingerprints and photographs of a juvenile who

21 is prosecuted as an adult shall be made available in the

22 manner applicable to adult offenders.

23 ‘‘(c) Whenever a juvenile has been adjudicated delin24 quent for an act that, if committed by an adult, would

25 be a felony or for a violation of section 924(a)(6), the
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1 court shall transmit to the Federal Bureau of Investiga2 tion the information concerning the adjudication, includ3 ing name, date of adjudication, court, offenses, and sen4 tence, along with the notation that the matter was a juve5 nile adjudication.

6 ‘‘(d) In addition to any other authorization under this

7 section for the reporting, retention, disclosure, or avail8 ability of records or information, if the law of the State

9 in which a Federal juvenile delinquency proceeding takes

10 place permits or requires the reporting, retention, disclo11 sure, or availability of records or information relating to

12 a juvenile or to a juvenile delinquency proceeding or adju13 dication in certain circumstances, then such reporting, re14 tention, disclosure, or availability is permitted under this

15 section whenever the same circumstances exist.’’.

16 SEC. 108. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

17 5034.

18 (a) ELIMINATION OF PRONOUNS.—Sections 5031

19 and 5034 of title 18, United States Code, are each amend20 ed by striking ‘‘his’’ each place it appears and inserting

21 ‘‘the juvenile’s’’.

22 (b) UPDATING OF REFERENCE.—Section 5034 of

23 title 18, United States Code, is amended—
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1 (1) in the heading of such section, by striking

2 ‘‘magistrate’’ and inserting ‘‘judicial officer’’;

3 and

4 (2) by striking ‘‘magistrate’’ each place it ap5 pears and inserting ‘‘judicial officer’’.

6 SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS

7 FOR CHAPTER 403.

8 The heading and the table of sections at the begin9 ning of chapter 403 of title 18, United States Code, is

10 amended to read as follows:

11 ‘‘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.’’.

12 TITLE II—EFFECTIVE ENFORCE13 MENT OF FEDERAL FIRE14 ARMS LAWS

15 SEC. 201. ARMED CRIMINAL APPREHENSION PROGRAM.

16 (a) IN GENERAL.—Not later than 90 days after the

17 date of enactment of this Act, the Attorney General shall

18 establish in the office of each United States Attorney a

19 program that meets the requirements of subsections (b)
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1 and (c). The program shall be known as the ‘‘Armed

2 Criminal Apprehension Program’’.

3 (b) PROGRAM REQUIREMENTS.—In the office of each

4 United States Attorney, the program established under

5 subsection (a) shall—

6 (1) provide for coordination with State and

7 local law enforcement officials in the identification of

8 violations of Federal firearms laws;

9 (2) provide for the establishment of agreements

10 with State and local law enforcement officials for the

11 referral to the Bureau of Alcohol, Tobacco, and

12 Firearms and the United States Attorney for pros13 ecution of persons arrested for violations of chapter

14 44 of title 18, United States Code, or section

15 5861(d) or 5861(h) of the Internal Revenue Code of

16 1986, relating to firearms;

17 (3) require that the United States Attorney

18 designate not less than 1 Assistant United States

19 Attorney to prosecute violations of Federal firearms

20 laws;

21 (4) provide for the hiring of agents for the Bu22 reau of Alcohol, Tobacco, and Firearms to inves23 tigate violations of the provisions referred to in

24 paragraph (2); and
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1 (5) ensure that each person referred to the

2 United States Attorney under paragraph (2) be

3 charged with a violation of the most serious Federal

4 firearm offense consistent with the act committed.

5 (c) PUBLIC EDUCATION CAMPAIGN.—As part of the

6 program, each United States Attorney shall carry out, in

7 cooperation with local civic, community, law enforcement,

8 and religious organizations, an extensive media and public

9 outreach campaign focused in high-crime areas to—

10 (1) educate the public about the severity of pen11 alties for violations of Federal firearms laws; and

12 (2) encourage law-abiding citizens to report the

13 possession of illegal firearms to authorities.

14 (d) WAIVER AUTHORITY.—

15 (1) REQUEST FOR WAIVER.—A United States

16 attorney may request the Attorney General to waive

17 the requirements of subsection (b) with respect to

18 the United States attorney.

19 (2) PROVISION OF WAIVER.—The Attorney

20 General may waive the requirements of subsection

21 (b) pursuant to a request made under paragraph

22 (1), in accordance with guidelines which shall be es23 tablished by the Attorney General. In establishing

24 the guidelines, the Attorney General shall take into

25 consideration the number of assistant United States
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1 attorneys in the office of the United States attorney

2 making the request and the level of violent youth

3 crime committed in the district for which the United

4 States attorney is appointed.

5 SEC. 202. ANNUAL REPORTS.

6 Not later than 1 year after the date of enactment

7 of this Act, and annually thereafter, the Attorney General

8 shall submit to the Committees on the Judiciary of Senate

9 and House of Representatives a report containing the fol10 lowing information:

11 (1) The number of Assistant United States At12 torneys deisgnated under the program under section

13 201 and cross-deisgnated under section 204 during

14 the year preceding the year in which the report is

15 submitted in order to prosecute violations of Federal

16 firearms laws in Federal court.

17 (2) The number of individuals indicted for such

18 violations during that year by reason of the pro19 gram.

20 (3) The increase or decrease in the number of

21 individuals indicted for such violations during that

22 year by reason of the program when compared with

23 the year preceding that year.
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1 (4) The number of individuals held without

2 bond in anticipation of prosecution by reason of the

3 program.

4 (5) The average length of prison sentence of the

5 individuals convicted of violations of Federal fire6 arms laws by reason of the program.

7 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to carry out the pro10 gram under section 201 $50,000,000 for fiscal year 2000,

11 of which—

12 (1) $40,000,000 shall be used for salaries and

13 expenses of Assistant United States Attorneys and

14 Bureau of Alcohol, Tobacco, and Firearms agents;

15 and

16 (2) $10,000,000 shall be available for the public

17 relations campaign required by subsection (c) of that

18 section.

19 (b) USE OF FUNDS.—

20 (1) The Assistant United States Attorneys

21 hired using amounts appropriated pursuant to the

22 authorization of appropriations in subsection (a)

23 shall prosecute violations of Federal firearms laws in

24 accordance with section 201(b)(3).
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1 (2) The Bureau of Alcohol, Tobacco, and Fire2 arms agents hired using amounts appropriated pur3 suant to the authorization of appropriations in sub4 section (a) shall, to the maximum extent practicable,

5 concentrate their investigations on violations of Fed6 eral firearms laws in accordance with section

7 201(b)(4).

8 (3) It is the sense of Congress that amounts

9 made available under this section for the public edu10 cation campaign required by section 201(c) should,

11 to the maximum extent practicable, be matched with

12 State or local funds or private donations.

13 (c) AUTHORIZATION OF ADDITIONAL APPROPRIA14 TIONS.—In addition to amounts made available under sub15 section (a), there is authorized to be appropriated to the

16 Administrative Office of the United States Courts such

17 sums as may be necessary to carry out this title.

18 SEC. 204. CROSS-DESIGNATION OF FEDERAL PROSECU19 TORS.

20 To better assist state and local law enforcement agen21 cies in the investigation and prosecution of firearms of22 fenses, each United States Attorney may cross-designate

23 one or more Assistant United States Attorneys to pros24 ecute firearms offenses under State law that are similar
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1 to those listed in section 301(b)(2) in State and local

2 courts.

3 TITLE III—LIMITING JUVENILE

4 ACCESS TO FIREARMS AND

5 EXPLOSIVES

6 SEC. 301. GUN STORAGE AND SAFETY DEVICES FOR FIRE7 ARMS.

8 (a) UNLAWFUL ACTS.—

9 (1) MANDATORY TRANSFER OF SECURE GUN

10 STORAGE OR SAFETY DEVICE.—Section 922 of title

11 18, United States Code, is amended by inserting

12 after subsection (y) the following:

13 ‘‘(z)(1) Except as provided in paragraph (2), it shall

14 be unlawful for any licensed manufacturer, licensed im15 porter, or licensed dealer to sell, deliver, or transfer any

16 handgun to any person other than any person licensed

17 under the provisions of this chapter, unless the licensee

18 provides the transferee with a secure gun storage or safety

19 device, as described in section 921(a)(34), for that hand20 gun.

21 ‘‘(2) Paragraph (1) shall not apply to the—

22 ‘‘(A)(i) manufacture for, transfer to, or posses23 sion by, the United States or a department or agen24 cy of the United States, or a State or a department,
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1 agency, or political subdivision of a State, of a hand2 gun; or

3 ‘‘(ii) transfer to, or possession by, a law en4 forcement officer employed by an entity referred to

5 in clause (i) of a handgun for law enforcement pur6 poses (whether on or off duty); or

7 ‘‘(B) transfer to, or possession by, a rail police

8 officer employed by a rail carrier and certified or

9 commissioned as a police officer under the laws of

10 a State of a handgun for purposes of law enforce11 ment (whether on or off duty);

12 ‘‘(C) transfer to any person of a handgun listed

13 as a curio or relic by the Secretary pursuant to sec14 tion 921(a)(13); or

15 ‘‘(D) transfer to any person of a handgun for

16 which a secure gun storage or safety device is tem17 porarily unavailable for the reasons described in the

18 exceptions stated in section 923(e): Provided, That

19 the licensed manufacturer, licensed importer, or li20 censed dealer delivers to the transferee within 10

21 calendar days from the date of the delivery of the

22 handgun to the transferee a secure gun storage or

23 safety device for the handgun.

24 ‘‘(3)(A) Notwithstanding any other provision of law,

25 a person who has lawful possession and control of a hand-
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1 gun, and who uses a secure gun storage or safety device

2 with the handgun, shall be entitled to immunity from a

3 civil liability action as described in this paragraph.

4 ‘‘(B) A qualified civil liability action may not be

5 brought in any Federal or State court. The term ‘qualified

6 civil liability action’ means a civil action brought by any

7 person against a person described in subparagraph (A) for

8 damages resulting from the criminal or unlawful misuse

9 of the handgun by a third party, where—

10 ‘‘(i) the handgun was accessed by another per11 son who did not have the permission or authoriza12 tion of the person having lawful possession and con13 trol of the handgun to have access to it; and

14 ‘‘(ii) at the time access was gained by the per15 son not so authorized, the handgun had been made

16 inoperable by use of a secure gun storage or safety

17 device.

18 A ‘qualified civil liability action’ shall not include an action

19 brought against the person having lawful possession and

20 control of the handgun for negligent entrustment or neg21 ligence per se.’’.

22 (b) CIVIL PENALTIES.—Section 924 of title 18,

23 United States Code, is amended—

24 (1) in subsection (a)(1), by inserting ‘‘, or (p)’’

25 before ‘‘this section’’; and
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1 (2) by adding at the end the following:

2 ‘‘(p)(1)(A) With respect to each violation of section

3 922(z)(1) by a licensed manufacturer, licensed importer,

4 or licensed dealer, the Secretary may, after notice and op5 portunity for hearing—

6 ‘‘(i) suspend for up to six months, or revoke,

7 the license issued to the licensee under this chapter

8 that was used to conduct the firearms transfer; or

9 ‘‘(ii) impose on the licensee a civil penalty in an

10 amount equal to not more than $2,500.

11 ‘‘(B) An action of the Secretary under this paragraph

12 may be reviewed only as provided in section 923(f).

13 ‘‘(2) The suspension or revocation of a license or the

14 imposition of a civil penalty under paragraph (1) shall not

15 preclude any administrative remedy that is otherwise

16 available to the Secretary.’’.

17 (c) LIABILITY; EVIDENCE; RULE OF CONSTRUC18 TION.—

19 (1) LIABILITY.—Nothing in the amendments

20 made by this section shall be construed to—

21 (A) create a cause of action against any

22 Federal firearms licensee or any other person

23 for any civil liability; or

24 (B) establish any standard of care.
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1 (2) EVIDENCE.—Notwithstanding any other

2 provision of law, evidence regarding compliance or

3 noncompliance with the amendments made by this

4 section shall not be admissible as evidence in any

5 proceeding of any court, agency, board, or other en6 tity, except with respect to an action to enforce

7 paragraphs (1) and (2) of section 922(z) of title 18,

8 United States Code, or to give effect to section

9 922(z)(3) of such title.

10 (3) RULE OF CONSTRUCTION.—Nothing in this

11 subsection shall be construed to bar a governmental

12 action to impose a penalty under section 924(p) of

13 title 18, United States Code, for a failure to comply

14 with section 922(z) of such title.

15 (d) AMENDMENT TO DEFINITION OF SAFETY DE16 VICE.—Section 921(a)(34) of title 18, United States Code,

17 is amended—

18 (1) by redesignating subparagraph (C) as sub19 paragraph (E);

20 (2) by striking ‘‘or’’ at the end of subparagraph

21 (B); and

22 (3) by inserting after subparagraph (B) the fol23 lowing:

24 ‘‘(C) a device that, if removed, will prevent

25 the discharge of the firearm;
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1 ‘‘(D) a removable hammer or striker; or’’.

2 SEC. 302. INCREASED PENALTIES FOR UNLAWFUL JUVE3 NILE POSSESSION OF FIREARMS.

4 Section 924(a) of title 18, United States Code, is

5 amended—

6 (1) in paragraph (4) by striking ‘‘Whoever’’ and

7 inserting ‘‘Except as provided in paragraph (6) of

8 this subsection, whoever’’; and

9 (2) by striking paragraph (6) and inserting the

10 following:

11 ‘‘(6)(A) A juvenile who violates section 922(x) shall

12 be fined under this title, imprisoned not more than 1 year,

13 or both, except—

14 ‘‘(i) the juvenile shall be fined under this title,

15 imprisoned not more than 5 years, or both, if—

16 ‘‘(I) the offense of which the juvenile is

17 charged is a violation of section 922(x); and

18 ‘‘(II) the violation was also with the intent

19 to possess the handgun, ammunition, large ca20 pacity ammunition feeding device, or semiauto21 matic assault weapon giving rise to the violation

22 in a school zone, or knowing that another juve23 nile intends to possess the handgun, ammuni24 tion, large capacity feeding device, or semiauto-
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1 matic assault weapon giving rise to the violation

2 in a school zone;

3 ‘‘(ii) the juvenile shall be fined under this title,

4 imprisoned not more than 20 years, or both, if—

5 ‘‘(I) the offense of which the juvenile is

6 charged is a violation of section 922(x); and

7 ‘‘(II) the violation was also with the intent

8 also to use the handgun, ammunition, large ca9 pacity ammunition feeding device, or semiauto10 matic assault weapon giving rise to the violation

11 in the commission of a violent felony, or know12 ing that another juvenile intends to use the

13 handgun, ammunition, large capacity ammuni14 tion feeding device, or semiautomatic assault

15 weapon giving rise to the violation in the com16 mission of a serious violent felony.

17 ‘‘(B) For purposes of this paragraph, the term ‘seri18 ous violent felony’ has the meaning given the term in sec19 tion 3559(c)(2)(F).

20 ‘‘(C) Except as otherwise provided in this chapter,

21 in any case in which a juvenile is prosecuted in a district

22 court of the United States, and the juvenile is subject to

23 penalties under subparagraph (A)(ii), the juvenile shall be

24 subject to the same laws, rules, and proceedings regarding

25 sentencing (including the availability of probation, restitu-
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1 tion, fines, forfeiture, imprisonment, and supervised re2 lease) that would be applicable in the case of an adult.

3 No juvenile sentenced to a term of imprisonment shall be

4 released from custody simply because the juvenile attains

5 18 years of age.’’.

6 SEC. 303. INCREASED PENALTIES AND MANDATORY MIN7 IMUM SENTENCE FOR UNLAWFUL TRANSFER

8 OF FIREARM TO JUVENILE.

9 Section 924(a)(6) of title 18, United States Code, is

10 further amended by redesignating subparagraphs (B) and

11 (C) as subparagraphs (C) and (D), respectively, and by

12 inserting after subparagraph (A) the following:

13 ‘‘(B) A person other than a juvenile who knowingly

14 violates section 922(x)—

15 ‘‘(i) shall be fined under this title, imprisoned

16 not more than 5 years, or both;

17 ‘‘(ii) if the person violated section 922(x)(1)

18 knowing that a juvenile intended to possess the

19 handgun, ammunition, large capacity ammunition

20 feeding device, or semiautomatic assault weapon giv21 ing rise to the violation of section 922(x)(1) in a

22 school zone, shall be fined under this title and im23 prisoned not less than 3 years and not more than 20

24 years; and
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1 ‘‘(iii) if the person violated section 922(x)(1)

2 knowing that a juvenile intended to use the hand3 gun, ammunition, large capacity ammunition feeding

4 device, or semiautomatic assault weapon giving rise

5 to the violation of section 922(x)(1) in the commis6 sion of a serious violent felony, shall be imprisoned

7 not less than 10 years and not more than 20 years

8 and fined under this title.’’.

9 SEC. 304. PROHIBITING JUVENILES FROM POSSESSING AS10 SAULT WEAPONS.

11 Section 922(x) of title 18, United States Code, is

12 amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘or’’ at the end of subpara15 graph (A);

16 (B) by striking the period at the end of

17 subparagraph (B) and inserting a semicolon;

18 and

19 (C) by adding at the end the following:

20 ‘‘(C) a semiautomatic assault weapon; or

21 ‘‘(D) a large capacity ammunition feeding de22 vice.’’;

23 (2) in paragraph (2)—

24 (A) by striking ‘‘or’’ at the end of subpara25 graph (A);
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1 (B) by striking the period at the end of

2 subparagraph (B) and inserting a semicolon;

3 and

4 (C) by inserting at the end the following:

5 ‘‘(C) a semiautomatic assault weapon; or

6 ‘‘(D) a large capacity ammunition feeding

7 device.’’; and

8 (3) by striking paragraph (3) and inserting the

9 following:

10 ‘‘(3) This subsection shall not apply to—

11 ‘‘(A) a temporary transfer of a handgun, am12 munition, a large capacity ammunition feeding de13 vice, or a semiautomatic assault weapon to a juvenile

14 or to the temporary possession or use of a handgun,

15 ammunition, a large capacity ammunition feeding

16 device, or a semiautomatic assault weapon by a

17 juvenile—

18 ‘‘(i) if the handgun, ammunition, large ca19 pacity ammunition feeding device, or semiauto20 matic assault weapon are possessed and used by

21 the juvenile—

22 ‘‘(I) in the course of employment,

23 ‘‘(II) in the course of ranching or

24 farming related to activities at the resi25 dence of the juvenile (or on property used
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1 for ranching or farming at which the juve2 nile, with the permission of the property

3 owner or lessee, is performing activities re4 lated to the operation of the farm or

5 ranch),

6 ‘‘(III) for target practice,

7 ‘‘(IV) for hunting, or

8 ‘‘(V) for a course of instruction in the

9 safe and lawful use of a firearm;

10 ‘‘(ii) clause (i) shall apply only if the juve11 nile’s possession and use of a handgun, ammu12 nition, a large capacity ammunition feeding de13 vice, or a semiautomatic assault weapon under

14 this subparagraph are in accordance with State

15 and local law, and the following conditions are

16 met—

17 ‘‘(I) except when a parent or guardian

18 of the juvenile is in the immediate and su19 pervisory presence of the juvenile, the juve20 nile shall have in the juvenile’s possession

21 at all times when a handgun, ammunition,

22 a large capacity ammunition feeding de23 vice, or a semiautomatic assault weapon is

24 in the possession of the juvenile, the prior

25 written consent of the juvenile’s parent or
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1 guardian who is not prohibited by Federal,

2 State, or local law from possessing a fire3 arm or ammunition; and

4 ‘‘(II)(aa) during transportation by the

5 juvenile directly from the place of transfer

6 to a place at which an activity described in

7 clause (i) is to take place the firearm shall

8 be unloaded and in a locked container or

9 case, and during the transportation by the

10 juvenile of that firearm, directly from the

11 place at which such an activity took place

12 to the transferor, the firearm shall also be

13 unloaded and in a locked container or case;

14 or

15 ‘‘(bb) with respect to employment,

16 ranching or farming activities as described

17 in clause (i), a juvenile may possess and

18 use a handgun, ammunition, a large capac19 ity ammunition feeding device, or a semi20 automatic assault weapon with the prior

21 written approval of the juvenile’s parent or

22 legal guardian, if such approval is on file

23 with the adult who is not prohibited by

24 Federal, State, or local law from pos25 sessing a firearm or ammunition and that
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1 person is directing the ranching or farming

2 activities of the juvenile;

3 ‘‘(B) a juvenile who is a member of the Armed

4 Forces of the United States or the National Guard

5 who possesses or is armed with a handgun, ammuni6 tion, a large capacity ammunition feeding device, or

7 a semiautomatic assault weapon in the line of duty;

8 ‘‘(C) a transfer by inheritance of title (but not

9 possession) of a handgun, ammunition, a large ca10 pacity ammunition feeding device, or a semiauto11 matic assault weapon to a juvenile; or

12 ‘‘(D) the possession of a handgun, ammunition,

13 a large capacity ammunition feeding device, or a

14 semiautomatic assault weapon taken in lawful de15 fense of the juvenile or other persons in the resi16 dence of the juvenile or a residence in which the ju17 venile is an invited guest.

18 ‘‘(4) A handgun, ammunition, a large capacity am19 munition feeding device, or a semiautomatic assault weap20 on, the possession of which is transferred to a juvenile in

21 circumstances in which the transferor is not in violation

22 of this subsection, shall not be subject to permanent con23 fiscation by the Government if its possession by the juve24 nile subsequently becomes unlawful because of the conduct

25 of the juvenile, but shall be returned to the lawful owner
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1 when such handgun, ammunition, large capacity ammuni2 tion feeding device, or semiautomatic assault weapon is

3 no longer required by the Government for the purposes

4 of investigation or prosecution.

5 ‘‘(5) For purposes of this subsection, the term ‘juve6 nile’ means a person who is less than 18 years of age.

7 ‘‘(6)(A) In a prosecution of a violation of this sub8 section, the court shall require the presence of a juvenile

9 defendant’s parent or legal guardian at all proceedings.

10 ‘‘(B) The court may use the contempt power to en11 force subparagraph (A).

12 ‘‘(C) The court may excuse attendance of a parent

13 or legal guardian of a juvenile defendant at a proceeding

14 in a prosecution of a violation of this subsection for good

15 cause shown.

16 ‘‘(7) For purposes of this subsection only, the term

17 ‘large capacity ammunition feeding device’ has the same

18 meaning as in section 921(a)(31) of title 18 and includes

19 similar devices manufactured before the effective date of

20 the Violent Crime Control and Law Enforcement Act of

21 1994.’’.
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1 SEC. 305. RESPONSIBILITY OF ADULTS FOR DEATH AND IN2 JURY CAUSED BY CHILD ACCESS TO FIRE3 ARMS.

4 Section 922 of title 18, United States Code, is further

5 amended by adding at the end the following:

6 ‘‘(aa)(1) For purposes of this subsection, the term

7 ‘juvenile’ means an individual who has not attained the

8 age of 18 years.

9 ‘‘(2) Except as provided in paragraph (3), any person

10 who—

11 ‘‘(A) keeps a loaded firearm, or an unloaded

12 firearm and ammunition for the firearm, any one of

13 which has been shipped or transported in interstate

14 or foreign commerce, within any premises that is

15 under the custody or control of that person;

16 ‘‘(B) knows, or recklessly disregards the risk,

17 that a juvenile is capable of gaining access to the

18 firearm; and

19 ‘‘(C)(i) knows, or recklessly disregards the risk,

20 that a juvenile will use the firearm to cause death

21 or serious bodily injury (as defined in section 1365)

22 to the juvenile or any other person; or

23 ‘‘(ii) knows, or recklessly disregards the risk,

24 that possession of the firearm by the juvenile is un25 lawful under Federal or State law,
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1 if the juvenile uses the firearm to cause death or serious

2 bodily injury to the juvenile or any other person, shall be

3 imprisoned not more than 3 years, fined under this title,

4 or both.

5 ‘‘(3) Paragraph (2) shall not apply if—

6 ‘‘(A) at the time the juvenile obtained access,

7 the firearm was secured with a secure gun storage

8 or safety device or in a location to which the person

9 reasonably believed the juvenile could not obtain ac10 cess;

11 ‘‘(B) the person is a peace officer, a member of

12 the Armed Forces, or a member of the National

13 Guard, and the juvenile obtains the firearm during,

14 or incidental to, the performance of the official du15 ties of the person in that capacity;

16 ‘‘(C) the juvenile uses the firearm in a lawful

17 act of self-defense or defense of 1 or more other per18 sons;

19 ‘‘(D) the person has no reasonable expectation,

20 based on objective facts and circumstances, that a

21 juvenile is likely to be present on the premises on

22 which the firearm is kept; or

23 ‘‘(E) the juvenile obtains the firearm as a result

24 of an illegal entry by any person into the premises.’’.
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1 SEC. 306. PROHIBITING POSSESSION OF EXPLOSIVES BY

2 JUVENILES AND YOUNG ADULTS.

3 Section 842 of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(r)(1) It shall be unlawful for any person who has

6 not attained 21 years of age to ship or transport any ex7 plosive materials in interstate or foreign commerce or to

8 receive or possess any explosive materials which has been

9 shipped or transported in interstate or foreign commerce.

10 ‘‘(2) This subsection shall not apply to commercially

11 manufactured black powder in bulk quantities not to ex12 ceed five pounds, and if the person is less than 18 years

13 of age, the person has the prior written consent of the

14 person’s parents or guardian who is not prohibited by Fed15 eral, State, or local law from possessing explosive mate16 rials, and the person has the prior written consent in the

17 person’s possession at all times when the black powder is

18 in the possession of the person.’’.

19 TITLE IV—PREVENTING CRIMI20 NAL ACCESS TO FIREARMS

21 AND EXPLOSIVES

22 SEC. 401. MANDATORY BACKGROUND CHECKS AT GUN

23 SHOWS.

24 (a) FINDINGS.—Congress finds that—

25 (1) more than 4,400 traditional gun shows are

26 held annually across the United States, attracting
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1 thousands of attendees per show and hundreds of

2 Federal firearms licensees and nonlicensed firearms

3 sellers, the vast majority of whom are law-abiding

4 individuals with no desire to participate in criminal

5 transactions;

6 (2) traditional gun shows, as well as flea mar7 kets and other organized events, at which a large

8 number of firearms are offered for sale by Federal

9 firearms licensees and nonlicensed firearms sellers,

10 form a significant part of the national firearms mar11 ket;

12 (3) firearms and ammunition that are exhibited

13 or offered for sale or exchange at gun shows, flea

14 markets, and other organized events move easily in

15 and substantially affect interstate commerce;

16 (4) gun shows, flea markets, and other orga17 nized events at which firearms are exhibited or of18 fered for sale or exchange, provide a convenient and

19 centralized commercial location at which firearms

20 may be bought and sold, often without background

21 checks and without records that enable gun tracing;

22 (5) at gun shows, flea markets, and other orga23 nized events at which guns are exhibited or offered

24 for sale or exchange, criminals and other prohibited

25 persons can obtain guns without background checks
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1 and can use such guns that cannot be traced to later

2 commit crimes;

3 (6) firearms associated with gun shows have

4 been transferred illegally to residents of another

5 State by Federal firearms licensees and nonlicensed

6 firearms sellers, and have been involved in subse7 quent crimes including drug offenses, crimes of vio8 lence, property crimes, and illegal possession of fire9 arms by felons and other prohibited persons; and

10 (7) Congress has the power, under the inter11 state commerce clause and other provisions of the

12 Constitution of the United States, to ensure, by en13 actment of this section, that criminals and other

14 prohibited persons do not obtain firearms at gun

15 shows, flea markets, and other organized events.

16 (b) DEFINITIONS.—Section 921(a) of title 18, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘(35) The term ‘gun show’ means an event which is

20 sponsored to foster the collecting, competitive use, sport21 ing use, or any other legal use of firearms, and—

22 ‘‘(A) at which 50 or more firearms are offered

23 or exhibited for sale, transfer, or exchange, if 1 or

24 more of the firearms has been shipped or trans-
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1 ported in, or the event otherwise affects, interstate

2 or foreign commerce; and

3 ‘‘(B) at which there are not less than 10 fire4 arm vendors.

5 ‘‘(36) The term ‘gun show organizer’ means any per6 son who organizes or conducts a gun show.

7 ‘‘(37) The term ‘gun show vendor’ means any person

8 who, at a fixed, assigned, or contracted location, exhibits,

9 sells, offers for sale, transfers, or exchanges 1 or more

10 firearms at a gun show.’’.

11 (c) REGULATION OF FIREARMS TRANSFERS AT GUN

12 SHOWS.—

13 (1) IN GENERAL.—Chapter 44 of such title is

14 amended by adding at the end the following:

15 ‘‘§ 931. Regulation of firearms transfers at gun shows

16 ‘‘(a)(1) A person who is not a licensed importer, li17 censed manufacturer, or licensed dealer, and who desires

18 to be registered as an instant check registrant shall submit

19 to the Secretary an application which—

20 ‘‘(A) contains a certification by the applicant

21 that the applicant meets the requirements of sub22 paragraphs (A) through (D) of section 923(d)(1);

23 and

24 ‘‘(B) contains a photograph and fingerprints of

25 the applicant; and
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1 ‘‘(C) is in such form as the Secretary shall by

2 regulation prescribe.

3 ‘‘(2)(A) The Secretary shall approve an application

4 submitted pursuant to paragraph (1) which meets the re5 quirements of paragraph (1). On approval of the applica6 tion and payment by the applicant of a fee of $100 for

7 3 years, and upon renewal of valid registration a fee of

8 $50 for 3 years, the Secretary shall issue to the applicant

9 an instant check registration, and advise the Attorney

10 General of the United States of the same, which entitles

11 the registrant to contact the national instant criminal

12 background check system established under section 103

13 of the Brady Handgun Violence Prevention Act for infor14 mation about any individual desiring to obtain a firearm

15 at a gun show from any transferor who has requested the

16 assistance of the registrant in complying with subsection

17 (c) with respect to the transfer of the firearm, and receive

18 information from the system regarding the individual, dur19 ing the 3-year period that begins with the date the reg20 istration is issued.

21 ‘‘(B) The Secretary shall approve or deny an applica22 tion submitted pursuant to paragraph (1) within 60 days

23 after the Secretary receives the application. If the Sec24 retary fails to so act within such period, the applicant may
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1 bring an action under section 1361 of title 28 to compel

2 the Secretary to so act.

3 ‘‘(3) An instant check registrant shall keep all

4 records or documents which the registrant collects pursu5 ant to this section during a gun show at a premises, or

6 a portion thereof designated by the registrant, that is open

7 for inspection by the Secretary. The Secretary shall estab8 lish by regulation the procedure for the inspection, at a

9 premises or a gun show, of the records required to be kept

10 under this section in a manner for a registrant that is

11 identical to the same procedural rights and protections

12 specified for a licensee under subsections (g)(1)(A),

13 (g)(1)(B), and (j) of section 923. An instant check reg14 istrant shall remit to the Secretary all records required

15 to be kept by the registrant under this subsection when

16 the registration is no longer valid, has expired, or has been

17 revoked.

18 ‘‘(4)(A) This subsection shall not be construed—

19 ‘‘(i) as creating a cause of action against any

20 instant check registrant or any other person, includ21 ing the transferor, for any civil liability; or

22 ‘‘(ii) as establishing any standard of care.

23 ‘‘(B) Notwithstanding any other provision of law, ex24 cept to give effect to subparagraph (C), evidence regarding

25 the use or nonuse by a transferor of the services of an
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1 instant check registrant under this section shall not be ad2 missible as evidence in any proceeding of any court, agen3 cy, board, or other entity for the purposes of establishing

4 liability based on a civil action brought on any theory for

5 harm caused by a product or by negligence.

6 ‘‘(C)(i) Notwithstanding any other provision of law,

7 a person who is—

8 ‘‘(I) an instant check registrant who assists in

9 having a background check performed in accordance

10 with this section;

11 ‘‘(II) a licensee who acquires a firearm at a gun

12 show from a nonlicensee, for transfer to another

13 nonlicensee in attendance at the show, for the pur14 pose of effectuating a sale, trade, or transfer be15 tween the 2 nonlicensees, all in the manner pre16 scribed for the acquisition and disposition of fire17 arms under this chapter; or

18 ‘‘(III) a nonlicensee disposing of a firearm, who

19 utilizes the services of an instant check registrant

20 pursuant to subclause (I) or a licensee pursuant to

21 subclause (II),

22 shall be entitled to immunity from a civil liability action

23 as described in this subparagraph.

24 ‘‘(ii) A qualified civil liability action may not be

25 brought in any Federal or State court. The term ‘qualified
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1 civil liability action’ means a civil action brought by any

2 person against a person described in clause (i) for dam3 ages resulting from the criminal or unlawful misuse of the

4 firearm by the transferee or a third party, but shall not

5 include an action—

6 ‘‘(I) brought against a transferor convicted

7 under section 924(h), or a comparable or identical

8 State felony law, by a party directly harmed by the

9 transferee’s criminal conduct, as defined in section

10 924(h); or

11 ‘‘(II) brought against a transferor for negligent

12 entrustment or negligence per se.

13 ‘‘(4) A registration issued under this subsection may

14 be revoked pursuant to the procedures provided for license

15 revocations under section 923.

16 ‘‘(b) It shall be unlawful for any person to organize

17 or conduct a gun show unless the person—

18 ‘‘(1) registers with the Secretary in accordance

19 with regulations promulgated by the Secretary,

20 which shall not require the payment of any fee for

21 such registration;

22 ‘‘(2) before commencement of the gun show,

23 records and verifies the identity of each individual

24 who is to be a gun show vendor at the gun show by

25 examining, but not retaining a copy of, a valid iden-
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1 tification document (as defined in section

2 1028(d)(1)) of the individual containing a photo3 graph of the individual; and

4 ‘‘(3) maintains a copy of the records described

5 in paragraph (2) at the permanent place of business

6 of the gun show organizer for such period of time

7 and in such form as the Secretary shall require by

8 regulation.

9 ‘‘(c)(1) If, at a gun show or the curtilage area of a

10 gun show, a person who is not licensed under section 923

11 makes an offer to another person who is not licensed

12 under section 923 to sell, transfer, or exchange a firearm

13 that is accessible to the person at the gun show or in the

14 curtilage area of the gun show, and such other person,

15 at the gun show or the curtilage area of the gun show,

16 indicates a willingness to accept the offer, it shall be un17 lawful for the person to subsequently transfer the firearm

18 to such other person, unless—

19 ‘‘(A) the firearm is transferred through a li20 censed importer, licensed manufacturer, or licensed

21 dealer in accordance with paragraph (2)(B) and oth22 erwise in accordance with law; or

23 ‘‘(B)(i) before the completion of the transfer,

24 an instant check registrant contacts the national in25 stant criminal background check system established
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1 under section 103 of the Brady Handgun Violence

2 Prevention Act;

3 ‘‘(ii)(I) the system provides the registrant with

4 a unique identification number; or

5 ‘‘(II) 72 hours have elapsed since the registrant

6 contacted the system, and the system has not noti7 fied the registrant that the receipt of a firearm by

8 such other person would violate subsection (g) or (n)

9 of section 922; and

10 ‘‘(iii) the registrant notifies the person that the

11 registrant has complied with clauses (i) and (ii), or

12 of any receipt by the registrant of a notification

13 from the national instant criminal background check

14 system established under section 103 of the Brady

15 Handgun Violence Prevention Act that the transfer

16 would violate section 922 or State law; and

17 ‘‘(iv) the transferor and the registrant have

18 verified the identity of the transferee by examining

19 a valid identification document (as defined in section

20 1028(d)(1) of this title) of the transferee containing

21 a photograph of the transferee.

22 ‘‘(2)(A) The rules of paragraphs (2), (3), and (4) of

23 section 922(t) shall apply to firearms transfers assisted

24 by instant check registrants under this section in the same
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1 manner in which such rules apply to firearms transfers

2 made by licensees.

3 ‘‘(B)(i) For purposes of section 922(t)(1)(B)(ii), the

4 time period that shall apply to the transfer of a firearm

5 as described in paragraph (1) of this subsection shall be

6 72 hours.

7 ‘‘(ii) The licensee or registrant may personally deliver

8 or ship the firearm to the prospective transferee in accord9 ance with clause (iii) if the gun show has terminated,

10 and—

11 ‘‘(I)(aa) 72 consecutive hours has elapsed since

12 the licensee or registrant contacted the system from

13 the gun show and the licensee or registrant has not

14 received notification from the system that receipt of

15 a firearm by the prospective transferee would violate

16 subsection (g) or (n) of section 922 or State law; or

17 ‘‘(bb) the licensee or registrant has received no18 tification from the system that receipt of a firearm

19 by the prospective transferee would not violate sub20 section (g) or (n) of section 922 or State law; and

21 ‘‘(II) State and local law would have permitted

22 the licensee or registrant to immediately deliver the

23 firearm to the prospective transferee if the condi24 tions described in item (aa) or (bb) had occurred

25 during the gun show.
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1 ‘‘(iii)(I) The licensee may personally deliver the fire2 arm to the prospective transferee at a location other than

3 the business premises of the licensee, without regard to

4 whether the location is in the State specified on the license

5 of the licensee, or may ship the firearm by common carrier

6 to the prospective transferee.

7 ‘‘(II) The registrant may personally deliver the fire8 arm to a prospective transferee who is a resident of the

9 State of which the registrant is a resident, or may ship

10 the firearm by common carrier to such a prospective trans11 feree.

12 ‘‘(3) An instant check registrant who agrees to assist

13 a person who is not licensed under section 923 in com14 plying with subsection (c) with respect to the transfer of

15 a firearm shall—

16 ‘‘(A) enter the name, age, address, and other

17 identifying information on the transferee (or, if the

18 transferee is a corporation or other business entity,

19 the identity and principal and local places of busi20 ness of the transferee) as the Secretary may require

21 by regulation into a separate bound record;

22 ‘‘(B) record the unique identification number

23 provided by the system on a form specified by the

24 Secretary;
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1 ‘‘(C) on completion of the functions required by

2 paragraph (1)(B) to be performed by the registrant

3 with respect to the transfer, notify the transferor

4 that the registrant has performed such functions;

5 and

6 ‘‘(D) on completion of the background check by

7 the system, retain a record of the background check

8 as part of the permanent business records of the

9 registrant.

10 ‘‘(4) This section shall not be construed to permit or

11 authorize the Secretary to impose recordkeeping require12 ments on any vendor who is not licensed under section

13 923.

14 ‘‘(d) If, at a gun show or the curtilage area of a gun

15 show, a person who is not licensed under section 923

16 makes an offer to another person who is not licensed

17 under section 923 to sell, transfer, or exchange a firearm

18 that is accessible to the person at the gun show or in the

19 curtilage area of the gun show, and such other person,

20 at the gun show or the curtilage area of the gun show,

21 indicates a willingness to accept the offer, it shall be un22 lawful for such other person to receive the firearm from

23 the person if the recipient knows that the firearm has been

24 transferred to the recipient in violation of this section.’’.
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1 (2) PENALTIES.—Section 924(a) of such title is

2 amended by adding at the end the following:

3 ‘‘(7)(A) Whoever knowingly violates subsection (b),

4 (c)(1), or (c)(2) of section 931 shall be—

5 ‘‘(i) fined under this title, imprisoned not more

6 than 1 years, or both; or

7 ‘‘(ii) in the case of a second or subsequent con8 viction of such a violation, fined under this title, im9 prisoned not more than 5 years, or both.

10 ‘‘(B) Whoever knowingly violates subsection (c)(3) or

11 (d) of section 931 shall be fined under this title, impris12 oned not more than 3 years, or both.

13 ‘‘(C) In addition to any other penalties imposed

14 under this paragraph, the Secretary may, with respect to

15 any person who knowingly violates subsection (b), (c), or

16 (d) of section 931—

17 ‘‘(i) impose a civil fine in an amount equal to

18 not more than $2,500; and

19 ‘‘(ii) if the person is registered pursuant to sec20 tion 931(a), after notice and opportunity for a hear21 ing, suspend for not more than 6 months or revoke

22 the registration of that person under section

23 931(a).’’.

24 (3) CONFORMING AMENDMENT.—Section 923(j)

25 of such title is amended in the first sentence by
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1 striking ‘‘or event’’ and all that follows through

2 ‘‘community’’.

3 (4) CLERICAL AMENDMENT.—The section anal4 ysis for chapter 44 of such title is amended by add5 ing at the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’.

6 (d) INSPECTION AUTHORITY.—Section 923(g)(1) of

7 such title is amended by adding at the end the following:

8 ‘‘(E) The Secretary may enter during business hours

9 the place of business of any gun show organizer and any

10 place where a gun show is held, without such reasonable

11 cause or warrant, for the purpose of inspecting or exam12 ining the records required by section 923 or 931 and the

13 inventory of licensees conducting business at the gun show

14 in the course of a reasonable inquiry during the course

15 of a criminal investigation of a person or persons other

16 than the organizer or licensee or when such examination

17 may be required for determining the disposition of one or

18 more particular firearms in the course of a bona fide

19 criminal investigation.’’.

20 (e) INCREASED PENALTIES FOR SERIOUS RECORD21 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)

22 of such title is amended to read as follows:

23 ‘‘(3)(A) Except as provided in subparagraph (B), any

24 licensed dealer, licensed importer, licensed manufacturer,

25 or licensed collector who knowingly makes any false state-
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1 ment or representation with respect to the information re2 quired by this chapter to be kept in the records of a person

3 licensed under this chapter, or violates section 922(m)

4 shall be fined under this title, imprisoned not more than

5 1 year, or both.

6 ‘‘(B) If the violation described in subparagraph (A)

7 is in relation to an offense—

8 ‘‘(i) under paragraph (1) or (3) of section

9 922(b), such person shall be fined under this title,

10 imprisoned not more than 5 years, or both; or

11 ‘‘(ii) under subsection (a)(6) or (d) of section

12 922, such person shall be fined under this title, im13 prisoned not more than 10 years, or both.’’.

14 (f) INCREASED PENALTIES FOR VIOLATIONS OF

15 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

16 (1) PENALTIES.—Section 924(a) of such title is

17 amended—

18 (A) in paragraph (5), by striking ‘‘sub19 section (s) or (t) of section 922’’ and inserting

20 ‘‘section 922(s)’’; and

21 (B) by adding at the end the following:

22 ‘‘(8)(A) Whoever knowingly violates section 922(t)

23 shall be fined under this title, imprisoned not more than

24 3 years, or both.
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1 ‘‘(B) In the case of a second or subsequent con2 viction under this paragraph, the person shall be

3 fined under this title, imprisoned not more than 5

4 years, or both.’’.

5 (2) ELIMINATION OF CERTAIN ELEMENTS OF

6 OFFENSE.—Section 922(t)(5) of such title is amend7 ed by striking ‘‘and, at the time’’ and all that fol8 lows through ‘‘State law’’.

9 (g) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect 180 days after the date of

11 enactment of this Act.]

12 SEC. 402. INSTANT CHECK GUN TAX AND GUN OWNER PRI13 VACY.

14 (a) PROHIBITION ON GUN TAX.—

15 (1) IN GENERAL.—Chapter 33 of title 28,

16 United States Code, is amended by adding at the

17 end the following:

18 ‘‘§ 540B. Ban against fee for background check in

19 connection with firearm transfer

20 ‘‘No officer, employee, or agent of the United States,

21 including a State or local officer or employee acting on

22 behalf of the United States, may charge or collect any fee

23 in connection with any background check required in con24 nection with the transfer of a firearm (as defined in sec25 tion 921(a)(3) of title 18).’’.
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—The section analysis for chapter 33 of title

3 28, United States Code, is amended by inserting

4 after the item relating to section 540A the following:

‘‘540B. Ban against fee for background check in connection with firearm transfer.’’.

5 (b) PROTECTION OF GUN OWNER PRIVACY AND

6 OWNERSHIP RIGHTS.—

7 (1) IN GENERAL.—Chapter 44 of title 18,

8 United States Code, is amended by adding at the

9 end the following:

10 ‘‘§ 932. Gun owner privacy and ownership rights

11 ‘‘Notwithstanding any other provision of law, no de12 partment, agency, or instrumentality of the United States

13 or officer, employee, or agent of the United States, includ14 ing a State or local officer or employee acting on behalf

15 of the United States—

16 ‘‘(1) shall perform any national instant criminal

17 background check on any person through the system

18 established pursuant to section 103 of the Brady

19 Handgun Violence Prevention Act (18 U.S.C. 922

20 note) (referred to in this section as the ‘‘system’’) if

21 that system does not require and result in the imme22 diate destruction of all information, in any form

23 whatsoever or through any medium, about such per24 son who is determined, through the use of the sys-
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1 tem, not to be prohibited by subsection (g) or (h) of

2 section 922 of title 18, United States Code, or by

3 State law, from receiving a firearm, except that this

4 subsection shall not apply to the retention or trans5 fer of information relating to—

6 ‘‘(A) any unique identification number pro7 vided by the national instant criminal back8 ground check system pursuant to section

9 922(t)(1)(B)(i) of title 18, United States Code;

10 or

11 ‘‘(B) the date on which that number is

12 provided; or

13 ‘‘(2) shall continue to operate the system (in14 cluding requiring a background check before the

15 transfer of a firearm) unless—

16 ‘‘(A) the ‘NICS Index’ complies with the

17 requirements of section 552a(e)(5) of title 5,

18 United States Code; and

19 ‘‘(B) the agency responsible for the system

20 and the system’s compliance with Federal law

21 does not invoke the exceptions under sub22 sections (j)(2), (k)(2), and (k)(3) of section

23 552a of title 5, United States Code, except if

24 specifically identifiable information is compiled
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1 for a particular law enforcement investigation

2 or specific criminal enforcement matter.’’.

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.—The section analysis for chapter 44 of title

5 18, United States Code, is further amended by add6 ing at the end the following:

‘‘932. Gun owner privacy and ownership rights.’’.

7 (c) CIVIL REMEDIES.—Any person aggrieved by a

8 violation of section 540B of title 28, or 931 of title 18,

9 United States Code, as added by this section, may bring

10 an action in the district court of the United States for

11 the district in which the person resides. Any person who

12 is successful with respect to any such action shall receive

13 actual damages, punitive damages, and such other rem14 edies as the court may determine to be appropriate, in15 cluding a reasonable attorney’s fee.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on the date of enactment of

18 this Act, except that the amendments made by subsection

19 (a) shall take effect as of October 1, 1998.

20 SEC. 403. PROHIBITION ON FIREARMS POSSESSION BY VIO21 LENT JUVENILE OFFENDERS.

22 (a) DEFINITION.—Section 921(a)(20) of title 18,

23 United States Code, is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;
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1 (2) by redesignating subparagraphs (A) and

2 (B) as clauses (i) and (ii), respectively;

3 (3) by inserting after subparagraph (A) the fol4 lowing:

5 ‘‘(B) For purposes of subsections (d) and (g) of sec6 tion 922, the term ‘adjudicated to have committed an act

7 of violent juvenile delinquency’ means an adjudication of

8 delinquency in Federal or State court, based on a finding

9 of the commission of an act by a person prior to his or

10 her eighteenth birthday that, if committed by an adult,

11 would be a serious or violent felony (as defined in section

12 3559(c)(2)(F)(i)) had Federal jurisdiction existed and

13 been exercised.’’; and

14 (4) in the undesignated paragraph following

15 subparagraph (B) (as added by paragraph (3) of

16 this subsection), by striking ‘‘What constitutes’’ and

17 all that follows through ‘‘this chapter,’’ and inserting

18 the following:

19 ‘‘(C) What constitutes a conviction of such a crime

20 or an adjudication of an act of violent juvenile delinquency

21 shall be determined in accordance with the law of the ju22 risdiction in which the proceedings were held. Any State

23 conviction or adjudication of an act of violent juvenile de24 linquency that has been expunged or set aside, or for

25 which a person has been pardoned or has had civil rights
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1 restored, by the jurisdiction in which the conviction or ad2 judication of an act of violent juvenile delinquency oc3 curred shall not be considered to be a conviction or adju4 dication of an act of violent juvenile delinquency for pur5 poses of this chapter,’’.

6 (b) PROHIBITION.—Section 922 of title 18, United

7 States Code, is amended—

8 (1) in subsection (d)—

9 (A) in paragraph (8), by striking ‘‘or’’ at

10 the end;

11 (B) in paragraph (9), by striking the pe12 riod at the end and inserting ‘‘; or’’; and

13 (C) by inserting after paragraph (9) the

14 following:

15 ‘‘(10) has been adjudicated to have committed

16 an act of violent juvenile delinquency.’’; and

17 (2) in subsection (g)—

18 (A) in paragraph (8), by striking ‘‘or’’ at

19 the end;

20 (B) in paragraph (9), by striking the

21 comma at the end and inserting ‘‘; or’’; and

22 (C) by inserting after paragraph (9) the

23 following:

24 ‘‘(10) who has been adjudicated to have com25 mitted an act of violent juvenile delinquency,’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall only apply to an act of violent juvenile

3 delinquency that occurs 180 days or more after the date

4 of the enactment of this Act.

5 SEC. 404. CRIMINAL PROHIBITION ON DISTRIBUTION OF

6 CERTAIN INFORMATION RELATING TO EX7 PLOSIVES, DESTRUCTIVE DEVICES, AND

8 WEAPONS OF MASS DESTRUCTION.

9 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

10 United States Code, is amended by adding at the end the

11 following:

12 ‘‘(p)(1) For purposes of this subsection:

13 ‘‘(A) The term ‘destructive device’ has the same

14 meaning as in section 921(a)(4).

15 ‘‘(B) The term ‘explosive’ has the same mean16 ing as in section 844(j).

17 ‘‘(C) The term ‘weapon of mass destruction’

18 has the same meaning as in section 2332a(c)(2).

19 ‘‘(2) It shall be unlawful for any person—

20 ‘‘(A) to teach or demonstrate the making or use

21 of an explosive, a destructive device, or a weapon of

22 mass destruction, or to distribute by any means in23 formation pertaining to, in whole or in part, the

24 manufacture or use of an explosive, destructive de25 vice, or weapon of mass destruction, with the intent
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1 that the teaching, demonstration, or information be

2 used for, or in furtherance of, an activity that con3 stitutes a Federal crime of violence; or

4 ‘‘(B) to teach or demonstrate to any person the

5 making or use of an explosive, a destructive device,

6 or a weapon of mass destruction, or to distribute to

7 any person, by any means, information pertaining

8 to, in whole or in part, the manufacture or use of

9 an explosive, destructive device, or weapon of mass

10 destruction, knowing that such person intends to use

11 the teaching, demonstration, or information for, or

12 in furtherance of, an activity that constitutes a Fed13 eral crime of violence.’’.

14 (b) PENALTIES.—Section 844 of title 18, United

15 States Code, is amended—

16 (1) in subsection (a), by striking ‘‘person who

17 violates any of subsections’’ and inserting the fol18 lowing: ‘‘person who—

19 ‘‘(1) violates any of subsections’’;

20 (2) by striking the period and inserting ‘‘;

21 and’’;

22 (3) by adding at the end the following:

23 ‘‘(2) violates section 842(p)(2), shall be fined

24 under this title, imprisoned not more than 20 years,

25 or both.’’; and
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1 (4) in subsection (j), by inserting ‘‘and section

2 842(p),’’ after ‘‘this section,’’.

3 SEC. 405. REQUIRING THEFTS FROM COMMON CARRIERS

4 TO BE REPORTED.

5 (a) Section 922(f) of title 18, United States Code,

6 is amended by adding at the end the following:

7 ‘‘(3)(A) It shall be unlawful for any common or con8 tract carrier to fail to report the theft or loss of a firearm

9 within 48 hours after the theft or loss is discovered. The

10 theft or loss shall be reported to the Secretary and to the

11 appropriate local authorities.

12 ‘‘(B) The Secretary may impose a civil fine of not

13 more than $10,000 on any person who knowingly violates

14 subparagraph (A).’’.

15 (b) Section 924(a)(1)(B) of title 18, United States

16 Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),

17 (f)(2),’’.

18 SEC. 406. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.

19 Section 923(g)(4) of title 18, United States Code, is

20 amended to read as follows:

21 ‘‘(4) Where a firearms or ammunition business is dis22 continued and succeeded by a new licensee, the records

23 required to be kept by this chapter shall appropriately re24 flect such facts and shall be delivered to the successor.

25 Upon receipt of such records the successor licensee may
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1 retain the records of the discontinued business or submit

2 the discontinued business records to the Secretary. Addi3 tionally, a licensee while maintaining a firearms business

4 may voluntarily submit the records required to be kept by

5 this chapter to the Secretary if such records are at least

6 20 years old. Where discontinuance of the business is ab7 solute, such records shall be delivered within thirty days

8 after the business is discontinued to the Secretary. Where

9 State law or local ordinance requires the delivery of

10 records to another responsible authority, the Secretary

11 may arrange for the delivery of such records to such other

12 responsible authority.’’.

13 SEC. 407. GRANT PROGRAM FOR JUVENILE RECORDS.

14 (a) PROGRAM AUTHORIZATION.—The Attorney Gen15 eral is authorized to provide grants to States to improve

16 the quality and accessibility of juvenile records and to en17 sure juvenile records are routinely available for back18 ground checks performed in connection with the transfer

19 of a firearm.

20 (b) ELIGIBILITY.—

21 (1) IN GENERAL.—A State that wishes to re22 ceive a grant under this section shall submit an ap23 plication to the Attorney General that meets the re24 quirements of paragraph (2).
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1 (2) ASSURANCE.—The application referred to in

2 paragraph (1) shall include an assurance that the

3 State has in place a system of records that ensures

4 that juvenile records are available for background

5 checks performed in connection with the transfer of

6 a firearm, in which such system provides that—

7 (A) an adjudication of an act of violent ju8 venile delinquency as defined in section

9 921(a)(20)(B) is not expunged or set aside

10 after a juvenile reaches the age of majority; and

11 (B) such a juvenile record is available and

12 retained as if it were an adult record.

13 (c) ALLOCATION.—Of the total funds appropriated

14 under subsection (e), each State that meets the require15 ments of subsection (b), shall be allocated an amount

16 which bears the same ratio to the amount of funds so ap17 propriated as the population of individuals under the age

18 of 18 living in such State for the most recent calendar

19 year in which such data is available bears to the popu20 lation of such individuals of all the States that meet the

21 requirements of subsection (b) for such fiscal year.

22 (d) USES OF FUNDS.—A State that receives a grant

23 award under this section may use such funds to support

24 the administrative record system referred to in subsection

25 (b)(2).
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1 (e) AUTHORIZATION OF APPROPRIATION.—There are

2 authorized to be appropriated to carry out this section,

3 $25,000,000 for fiscal year 2000 and such sums as may

4 be necessary for each of the 4 succeeding fiscal years.

5 TITLE V—PUNISHING AND DE6 TERRING CRIMINAL USE OF

7 FIREARMS AND EXPLOSIVES

8 SEC. 501. MANDATORY MINIMUM SENTENCE FOR DIS9 CHARGING A FIREARM IN A SCHOOL ZONE.

10 Section 924(a)(4) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘922(q) shall be fined’’ and in13 serting ‘‘922(q)(2) shall be fined’’; and

14 (2) by inserting after the first sentence the fol15 lowing: ‘‘Whoever violates section 922(q)(3) with

16 reckless disregard for the safety of another shall be

17 fined under this title, imprisoned not more than 20

18 years, or both, except that if serious bodily injury re19 sults, shall be fined under this title, imprisoned not

20 more than 25 years, or both, or if death results and

21 the person has attained 16 years of age but has not

22 attained 18 years of age, shall be fined under this

23 title, sentenced to imprisonment for life or for any

24 term of years, or both, or if death results and the

25 person has attained 18 years of age, shall be fined
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1 under this title, sentenced to death or to imprison2 ment for any term of years or for life, or both. Who3 ever knowingly violates section 922(q)(3) shall be

4 fined under this title, imprisoned not less than 10

5 years and not more than 20 years, or both, except

6 that if serious bodily injury results, shall be fined

7 under this title, imprisoned not less than 15 years

8 and not more than 25 years, or both, or if death re9 sults and the person has attained 16 years of age

10 but has not attained 18 years of age, shall be fined

11 under this title, sentenced to imprisonment for life,

12 or both, or if death results and the person has at13 tained 18 years of age, shall be fined under this

14 title, sentenced to death or to imprisonment for life,

15 or both.’’.

16 SEC. 502. APPREHENSION AND PROCEDURAL TREATMENT

17 OF ARMED VIOLENT CRIMINALS.

18 (a) PRETRIAL DETENTION FOR POSSESSION OF

19 FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—

20 Section 3156(a)(4) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘or’’ at the end of subparagraph

23 (B);

24 (2) by striking ‘‘and’’ at the end of subpara25 graph (C) and inserting ‘‘or’’; and
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1 (3) by adding at the end the following:

2 ‘‘(D) an offense that is a violation of sec3 tion 842(i) or 922(g) (relating to possession of

4 explosives or firearms by convicted felons);

5 and’’.

6 (b) FIREARMS POSSESSION BY VIOLENT FELONS

7 AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of

8 title 18, United States Code, is amended—

9 (1) by striking ‘‘Whoever’’ and inserting ‘‘(A)

10 Except as provided in subparagraph (B), any person

11 who’’; and

12 (2) by adding at the end the following:

13 ‘‘(B) Notwithstanding any other provision of law, the

14 court shall not grant a probationary sentence for such a

15 violation to a person who has more than 1 previous convic16 tion for a violent felony (as defined in subsection

17 (e)(2)(B)) or a serious drug offense (as defined in sub18 section (e)(2)(A)), committed under different cir19 cumstances.’’.

20 SEC. 503. INCREASED PENALTIES FOR POSSESSING OR

21 TRANSFERRING STOLEN FIREARMS.

22 (a) IN GENERAL.—Section 924 of title 18, United

23 States Code, is amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (2), by striking ‘‘(i),

2 (j),’’; and

3 (B) by adding at the end the following:

4 ‘‘(8) Whoever knowingly violates subsection (i) or (j)

5 of section 922 shall be fined under this title, imprisoned

6 not more than 15 years, or both.’’;

7 (2) in subsection (i)(1), by striking ‘‘10’’ and

8 inserting ‘‘15’’; and

9 (3) in subsection (l), by striking ‘‘10’’ and in10 serting ‘‘15’’.

11 (b) SENTENCING COMMISSION.—The United States

12 Sentencing Commission shall amend the Federal sen13 tencing guidelines to reflect the amendments made by sub14 section (a).

15 SEC. 504. INCREASED MANDATORY MINIMUM PENALTIES

16 FOR USING A FIREARM TO COMMIT A CRIME

17 OF VIOLENCE OR DRUG TRAFFICKING CRIME.

18 Section 924 of title 18, United States Code, is

19 amended—

20 (1) in subsection (c)(1)(A)—

21 (A) in clause (ii), by striking ‘‘and’’ at the

22 end;

23 (B) in clause (iii), by striking ‘‘10 years.’’

24 and inserting ‘‘12 years; and’’; and

25 (C) by adding at the end the following:
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1 ‘‘(iv) if the firearm is used to injure

2 another person, be sentenced to a term of

3 imprisonment of not less than 15 years.’’;

4 and

5 (2) in subsection (h), by striking ‘‘imprisoned

6 not more than 10 years’’ and inserting ‘‘imprisoned

7 not less than 5 years and not more than 10 years’’.

8 SEC. 505. INCREASED PENALTIES FOR MISREPRESENTED

9 FIREARMS PURCHASE IN AID OF A SERIOUS

10 VIOLENT FELONY.

11 (a) IN GENERAL.—Section 924(a) of title 18, United

12 States Code, is amended by adding at the end the fol13 lowing:

14 ‘‘(7)(A) Notwithstanding paragraph (2), whoever

15 knowingly violates section 922(a)(6) for the purpose of

16 selling, delivering, or otherwise transferring a firearm,

17 knowing or having reasonable cause to know that another

18 person will carry or otherwise possess or discharge or oth19 erwise use the firearm in the commission of a serious vio20 lent felony, shall be—

21 ‘‘(i) fined under this title, imprisoned not more

22 than 15 years, or both; or

23 ‘‘(ii) imprisoned not less than 10 and not more

24 than 20 years and fined under this title, if the pro25 curement is for a juvenile.
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1 ‘‘(B) For purposes of this paragraph—

2 ‘‘(i) the term ‘juvenile’ has the meaning given

3 the term in section 922(x); and

4 ‘‘(ii) the term ‘serious violent felony’ has the

5 meaning given the term in section 3559(c)(2)(F).’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 this section shall take effect 180 days after the date of

8 enactment of this Act.

9 SEC. 506. INCREASING PENALTIES ON GUN KINGPINS.

10 (a) INCREASING THE PENALTY FOR ENGAGING IN AN

11 ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of

12 title 18, United States Code, is amended by inserting ‘‘,

13 or willfully violates section 922(a)(1),’’ after ‘‘section

14 922’’.

15 (b) SENTENCING GUIDELINES INCREASE FOR CER16 TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au17 thority under section 994(p) of title 28, United States

18 Code, the United States Sentencing Commission shall—

19 (1) review and amend the Federal sentencing

20 guidelines to provide an appropriate enhancement

21 for a violation of section 922(a)(1) of title 18,

22 United States Code; and

23 (2) review and amend the Federal sentencing

24 guidelines to provide additional sentencing increases,
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1 as appropriate, for offenses involving more than 50

2 firearms.

3 The Commission shall promulgate the amendments pro4 vided for under this subsection as soon as is practicable

5 in accordance with the procedure set forth in section 21(a)

6 of the Sentencing Act of 1987, as though the authority

7 under that Act had not expired.

8 SEC. 507. SERIOUS RECORDKEEPING OFFENSES THAT AID

9 GUN TRAFFICKING.

10 Section 924(a)(3) of title 18, United States Code, is

11 amended by striking the period and inserting ‘‘; but if the

12 violation is in relation to an offense under subsection

13 (a)(6) or (d) of section 922, shall be fined under this title,

14 imprisoned not more than 10 years, or both.’’.

15 SEC. 508. TERMINATION OF FIREARMS DEALER’S LICENSE

16 UPON FELONY CONVICTION.

17 Section 925(b) of title 18, United States Code, is

18 amended by striking ‘‘until any conviction pursuant to the

19 indictment becomes final’’ and inserting ‘‘until the date

20 of any conviction pursuant to the indictment’’.

21 SEC. 509. INCREASED PENALTY FOR TRANSACTIONS IN22 VOLVING FIREARMS WITH OBLITERATED SE23 RIAL NUMBERS.

24 Section 924(a) of title 18, United States Code, is

25 amended—
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1 (1) in paragraph (1)(B), by striking ‘‘(k),’’; and

2 (2) in paragraph (2), by inserting ‘‘(k),’’ after

3 ‘‘(j),’’.

4 SEC. 510. FORFEITURE FOR GUN TRAFFICKING.

5 Section 982(a) of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(9) The court, in imposing a sentence on a person

8 convicted of a gun trafficking offense, as defined in section

9 981(a)(1)(G), or a conspiracy to commit such offense,

10 shall order the person to forfeit to the United States any

11 conveyance used or intended to be used to commit such

12 offense, and any property traceable to such conveyance.’’.

13 SEC. 511. INCREASED PENALTY FOR FIREARMS CON14 SPIRACY.

15 Section 924 of title 18, United States Code, is further

16 amended by adding at the end the following:

17 ‘‘(q) Except as otherwise provided in this section, a

18 person who conspires to commit an offense defined in this

19 chapter shall be subject to the same penalties (other than

20 the penalty of death) as those prescribed for the offense

21 the commission of which is the object of the conspiracy.’’.

22 SEC. 512. GUN CONVICTIONS AS PREDICATE CRIMES FOR

23 ARMED CAREER CRIMINAL ACT.

24 (a) Section 924(e)(1) of title 18, United States Code,

25 is amended—
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1 (1) by striking ‘‘violent felony or a serious drug

2 offense, or both,’’ and inserting ‘‘violent felony, a se3 rious drug offense or a violation of section

4 922(g)(1), or a combination of such offenses,’’; and

5 (2) by adding at the end the following: ‘‘No

6 more than two convictions for violations of section

7 922(g)(1) shall be considered in determining wheth8 er a person has three previous convictions for pur9 poses of this subsection.’’.

10 SEC. 513. SERIOUS JUVENILE DRUG TRAFFICKING OF11 FENSES AS ARMED CAREER CRIMINAL ACT

12 PREDICATES.

13 Section 924(e)(2)(C) of title 18, United States Code,

14 is amended by inserting ‘‘or serious drug offense’’ after

15 ‘‘violent felony’’.

16 SEC. 514. FORFEITURE OF FIREARMS USED IN CRIMES OF

17 VIOLENCE AND FELONIES.

18 (a) CRIMINAL FORFEITURE.—Section 982(a) of title

19 18, United States Code, is further amended by adding at

20 the end the following:

21 ‘‘(10) The court, in imposing a sentence on a person

22 convicted of any crime of violence (as defined in section

23 16 of this title) or any felony under Federal law, shall

24 order that the person forfeit to the United States any fire25 arm (as defined in section 921(a)(3) of this title) used
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1 or intended to be used to commit or to facilitate the com2 mission of the offense.’’.

3 (b) DISPOSAL OF PROPERTY.—Section 981(c) of title

4 18, United States Code, is amended by adding at the end

5 the following flush sentence:

6 ‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)

7 of this section or section 982(a)(10) of this title shall be

8 disposed of by the seizing agency in accordance with law.’’.

9 (c) AUTHORITY TO FORFEIT PROPERTY UNDER

10 SECTION 924(d).—Section 924(d) of title 18, United

11 States Code, is amended by adding at the end the fol12 lowing:

13 ‘‘(4) Whenever any firearm is subject to forfeiture

14 under this section, the Secretary of the Treasury shall

15 have the authority to seize and forfeit, in accordance with

16 the procedures of the applicable forfeiture statute, any

17 property otherwise forfeitable under the laws of the United

18 States that was involved in or derived from the crime of

19 violence or drug trafficking crime described in subsection

20 (c) in which the forfeited firearm was used or carried.’’.

21 (d) 120-DAY RULE FOR ADMINISTRATIVE FOR22 FEITURE.—Section 924(d)(1) of title 18, United States

23 Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’

24 in the last sentence.
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1 (e) SECTION 3665.—Section 3665 of title 18, United

2 States Code, is amended—

3 (1) by redesignating the first undesignated

4 paragraph as subsection (a)(1) and the second un5 designated paragraph as subsection (a)(2); and

6 (2) by adding at the end the following:

7 ‘‘(b) The forfeiture of property under this section, in8 cluding any seizure and disposition of the property and

9 any related administrative or judicial proceeding, shall be

10 governed by the provisions of section 413 of the Com11 prehensive Drug Abuse Prevention and Control Act of

12 1970 (21 U.S.C. 853), except for subsection 413(d) which

13 shall not apply to forfeitures under this section.’’.

14 SEC. 515. SEPARATE LICENSES FOR GUNSMITHS.

15 (a) Section 921(a)(11) of title 18, United States

16 Code, is amended to read as follows:

17 ‘‘(11) The term ‘dealer’ means (A) any person en18 gaged in the business as a firearms dealer, (B) any person

19 engaged in the business as a gunsmith, or (C) any person

20 who is a pawnbroker. The term ‘licensed dealer’ means

21 any dealer who is licensed under the provisions of this

22 chapter.’’.

23 (b) Section 921(a) of title 18, United States Code,

24 is amended by redesignating paragraphs (12) through
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1 (33) as paragraphs (14) through (35), and by inserting

2 after paragraph (11) the following:

3 ‘‘(12) The term ‘firearms dealer’ means any

4 person who is engaged in the business of selling fire5 arms at wholesale or retail.

6 ‘‘(13) The term ‘gunsmith’ means any person,

7 other than a licensed manufacturer, licensed im8 porter, or licensed dealer, who is engaged in the

9 business of repairing firearms or of making or fit10 ting special barrels, stocks or trigger mechanisms to

11 firearms.’’.

12 (c) Section 923(a)(3) of title 18, United States Code

13 is amended to read as follows:

14 ‘‘(3) If the applicant is a dealer who is—

15 ‘‘(A) a dealer in destructive devices or am16 munition for destructive devices, a fee of $1,000

17 per year;

18 ‘‘(B) a dealer in firearms who is not a

19 dealer in destructive devices, a fee of $200 for

20 3 years, except that the fee for renewal of a

21 valid license shall be $90 for 3 years; or

22 ‘‘(C) a gunsmith, a fee of $100 for 3

23 years, except that the fee for renewal of a valid

24 license shall be $50 for 3 years.’’.
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1 SEC. 516. PERMITS AND BACKGROUND CHECKS FOR PUR2 CHASES OF EXPLOSIVES.

3 (a) PERMITS FOR PURCHASE OF EXPLOSIVES IN

4 GENERAL.—Section 842 of title 18, United States Code,

5 is amended—

6 (1) by amending subparagraphs (A) and (B) of

7 subsection (a)(3) to read as follows:

8 ‘‘(A) to transport, ship, cause to be trans9 ported, or receive any explosive materials; or

10 ‘‘(B) to distribute explosive materials to

11 any person other than a licensee or permittee.’’;

12 and

13 (2) in subsection (b)—

14 (A) by adding ‘‘or’’ at the end of para15 graph (1);

16 (B) by striking ‘‘; or’’ at the end of para17 graph (2) and inserting a period; and

18 (C) by striking paragraph (3).

19 (b) BACKGROUND CHECKS.—Section 842 of title 18,

20 United States Code, is further amended by adding at the

21 end the following:

22 ‘‘(q)(1) A licensed importer, licensed manufacturer,

23 or licensed dealer shall not transfer explosive materials to

24 any other person who is not a licensee under section 843

25 of this title unless—
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1 ‘‘(A) before the completion of the transfer, the

2 licensee contacts the national instant criminal back3 ground check system established under section

4 103(d) of the Brady Handgun Violence Prevention

5 Act;

6 ‘‘(B)(i) the system provides the licensee with a

7 unique identification number; or

8 ‘‘(ii) 5 business days (meaning a day on which

9 State offices are open) have elapsed since the li10 censee contacted the system, and the system has not

11 notified the licensee that the receipt of explosive ma12 terials by such other person would violate subsection

13 (i) of this section;

14 ‘‘(C) the transferor has verified the identity of

15 the transferee by examining a valid identification

16 document (as defined in section 1038(d)(1) of this

17 title) of the transferee containing a photograph of

18 the transferee; and

19 ‘‘(D) the transferor has examined the permit

20 issued to the transferee pursuant to section 843 of

21 this title and recorded the permit number on the

22 record of the transfer.

23 ‘‘(2) If receipt of explosive materials would not violate

24 section 842(i) of this title or State law, the system shall—
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1 ‘‘(A) assign a unique identification number to

2 the transfer; and

3 ‘‘(B) provide the licensee with the number.

4 ‘‘(3) Paragraph (1) shall not apply to the transfer

5 of explosive materials between a licensee and another per6 son if on application of the transferor, the Secretary has

7 certified that compliance with paragraph (1)(A) is imprac8 ticable because—

9 ‘‘(A) the ratio of the number of law enforce10 ment officers of the State in which the transfer is

11 to occur to the number of square miles of land area

12 of the State does not exceed 0.0025;

13 ‘‘(B) the business premises of the licensee at

14 which the transfer is to occur are extremely remote

15 in relation to the chief law enforcement officer (as

16 defined in section 922(s)(8)); and

17 ‘‘(C) there is an absence of telecommunications

18 facilities in the geographical area in which the busi19 ness premises are located.

20 ‘‘(4) If the national instant criminal background

21 check system notifies the licensee that the information

22 available to the system does not demonstrate that the re23 ceipt of explosive materials by such other person would

24 violate subsection (i) or State law, and the licensee trans25 fers explosive materials to such other person, the licensee
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1 shall include in the record of the transfer the unique iden2 tification number provided by the system with respect to

3 the transfer.

4 ‘‘(5) If the licensee knowingly transfers explosive ma5 terials to such other person and knowingly fails to comply

6 with paragraph (1) of this subsection with respect to the

7 transfer, the Secretary may, after notice and opportunity

8 for a hearing, suspend for not more than 6 months or re9 voke any license issued to the licensee under section 843

10 and may impose on the licensee a civil fine of not more

11 than $5,000.

12 ‘‘(6) Neither a local government nor an employee of

13 the Federal Government or of any State or local govern14 ment, responsible for providing information to the national

15 instant criminal background check system shall be liable

16 in an action at law for damages—

17 ‘‘(A) for failure to prevent the sale or transfer

18 of explosive materials to a person whose receipt or

19 possession of the explosive materials is unlawful

20 under this section; or

21 ‘‘(B) for preventing such a sale or transfer to

22 a person who may lawfully receive or possess explo23 sive materials.’’.
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1 (c) ADMINISTRATIVE PROVISIONS.—Section 103 of

2 the Brady Handgun Violence Prevention Act (18 U.S.C.

3 922 note) is amended—

4 (1) in subsection (f), by inserting ‘‘or explosive

5 materials’’ after ‘‘firearm’’; and

6 (2) in subsection (g), by inserting ‘‘or that re7 ceipt of explosive materials by a prospective trans8 feree would violate section 842(i) of such title, or

9 State law,’’ after ‘‘State law,’’.

10 (d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO11 SIVE MATERIALS.—

12 (1) IN GENERAL.—Chapter 40 of title 18,

13 United States Code, is amended by inserting after

14 section 843 the following:

15 ‘‘§ 843A. Remedy for erroneous denial of explosive

16 materials

17 ‘‘Any person denied explosive materials pursuant to

18 section 842(q)—

19 ‘‘(1) due to the provision of erroneous informa20 tion relating to the person by any State or political

21 subdivision thereof, or by the national instant crimi22 nal background check system established under sec23 tion 103 of the Brady Handgun Violence Prevention

24 Act; or
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1 ‘‘(2) who was not prohibited from receipt of ex2 plosive materials pursuant to section 842(i),

3 may bring an action against the State or political subdivi4 sion responsible for providing the erroneous information,

5 or responsible for denying the transfer, or against the

6 United States, as the case may be, for an order directing

7 that the erroneous information be corrected or that the

8 transfer be approved, as the case may be. In any action

9 under this section, the court, in its discretion, may allow

10 the prevailing party a reasonable attorney’s fee as part

11 of the costs.’’.

12 (2) TECHNICAL AMENDMENT.—The section

13 analysis for chapter 40 of title 18, United States

14 Code, is amended by inserting after the item relating

15 to section 843 the following:

‘‘843A. Remedy for erroneous denial of explosive materials.’’.

16 (e) REGULATIONS.—

17 (1) IN GENERAL.—Not later than 6 months

18 after the date of the enactment of this Act, the Sec19 retary of the Treasury shall issue final regulations

20 with respect to the amendments made by subsection

21 (a).

22 (2) NOTICE TO STATES.—On the issuance of

23 regulations pursuant to paragraph (1), the Secretary

24 of the Treasury shall notify the States of the regula-
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1 tions so that the States may consider revising their

2 explosives laws.

3 (f) LICENSES AND USER PERMITS.—Section 843(a)

4 of title 18, United States Code, is amended—

5 (1) by inserting ‘‘, including fingerprints and a

6 photograph of the applicant’’ before the period at

7 the end of the first sentence; and

8 (2) by striking the second sentence and insert9 ing, ‘‘Each applicant for a license shall pay for each

10 license a fee established by the Secretary that shall

11 not exceed $300. Each applicant for a permit shall

12 pay for each permit a fee established by the Sec13 retary that shall not exceed $100.’’.

14 (g) PENALTIES.—Section 844 of title 18, United

15 States Code, is amended—

16 (1) by redesignating subsection (a) as sub17 section (a)(1); and

18 (2) by inserting after subsection (a)(1) the fol19 lowing new paragraph:

20 ‘‘(2) Any person who violates section 842(q) shall be

21 fined under this title, imprisoned for not more than 5

22 years, or both.’’.

23 (h) EFFECTIVE DATE.—The amendments made by

24 subsections (a), (b), (c), (d), and (g) shall take effect 18

25 months after the date of enactment of the Act.
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1 SEC. 517. PERSONS PROHIBITED FROM RECEIVING OR POS2 SESSING EXPLOSIVES.

3 (a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)

4 of title 18, United States Code, is amended—

5 (1) in paragraph (5), by striking ‘‘or’’ at the

6 end;

7 (2) in paragraph (6), by striking the period and

8 inserting ‘‘or who has been committed to a mental

9 institution;’’; and

10 (3) by adding at the end the following:

11 ‘‘(7) being an alien—

12 ‘‘(A) is illegally or unlawfully in the United

13 States; or

14 ‘‘(B) except as provided in subsection

15 (q)(2), has been admitted to the United States

16 under a nonimmigrant visa (as that term is de17 fined in section 101(a)(26) of the Immigration

18 and Nationality Act (8 U.S.C. 1101(a)(26)));

19 ‘‘(8) has been discharged from the Armed

20 Forces under dishonorable conditions;

21 ‘‘(9) having been a citizen of the United States,

22 has renounced his citizenship;

23 ‘‘(10) is subject to a court order that—

24 ‘‘(A) was issued after a hearing of which

25 such person received actual notice, and at which

26 such person had an opportunity to participate;
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1 ‘‘(B) restrains such person from harassing,

2 stalking, or threatening an intimate partner of

3 such person or child of such intimate partner or

4 person, or engaging in other conduct that would

5 place an intimate partner in reasonable fear of

6 bodily injury to the partner or child; and

7 ‘‘(C)(i) includes a finding that such person

8 represents a credible threat to the physical safe9 ty of such intimate partner or child; or

10 ‘‘(ii) by its terms explicitly prohibits the

11 use, attempted use, or threatened use of phys12 ical force against such intimate partner or child

13 that would reasonably be expected to cause bod14 ily injury;

15 ‘‘(11) has been convicted in any court of a mis16 demeanor crime of domestic violence; or

17 ‘‘(12) has been adjudicated delinquent.’’.

18 (b) POSSESSION OF EXPLOSIVES.—Section 842(i) of

19 title 18, United States Code, is amended—

20 (1) in paragraph (3), by striking ‘‘or’’ at the

21 end; and

22 (2) by adding at the end the following:

23 ‘‘(5) who, being an alien—

24 ‘‘(A) is illegally or unlawfully in the United

25 States; or
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1 ‘‘(B) except as provided in subsection

2 (q)(2), has been admitted to the United States

3 under a non-immigrant visa (as that term is de4 fined in section 101(a)(26) of the Immigration

5 and Nationality Act (8 U.S.C. 1101(a)(26)));

6 ‘‘(6) who has been discharged from the Armed

7 Forces under dishonorable conditions;

8 ‘‘(7) who, having been a citizen of the United

9 States, has renounced his citizenship;

10 ‘‘(8) who is subject to a court order that—

11 ‘‘(A) was issued after a hearing of which

12 such person received actual notice, and at which

13 such person had an opportunity to participate;

14 ‘‘(B) restrains such person from harassing,

15 stalking, or threatening an intimate partner of

16 such person or child of such intimate partner or

17 person, or engaging in other conduct that would

18 place an intimate partner in reasonable fear of

19 bodily injury to the partner or child; and

20 ‘‘(C)(i) includes a finding that such person

21 represents a credible threat to the physical safe22 ty of such intimate partner or child; or

23 ‘‘(ii) by its terms explicitly prohibits the

24 use, attempted use, or threatened use of phys25 ical force against such intimate partner or child
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1 that would reasonably be expected to cause bod2 ily injury;

3 ‘‘(9) who has been convicted in any court of a

4 misdemeanor crime of domestic violence; or

5 ‘‘(10) who has been adjudicated delinquent.’’.

6 (c) DEFINITION.—Section 841 of title 18, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘(r)(1) Except as provided in paragraph (2), ‘mis10 demeanor crime of domestic violence’ means an offense

11 that—

12 ‘‘(A) is a misdemeanor under Federal or State

13 law; and

14 ‘‘(B) has, as an element, the use or attempted

15 use of physical force, or the threatened use of a

16 deadly weapon, committed by a current or former

17 spouse, parent, or guardian of the victim, by a per18 son with whom the victim shares a child in common,

19 by a person who is cohabiting with or has cohabited

20 with the victim as a spouse, parent, or guardian, or

21 by a person similarly situated to a spouse, parent,

22 or guardian of the victim.

23 ‘‘(2)(A) A person shall not be considered to have been

24 convicted of such an offense for purposes of this chapter,

25 unless—
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1 ‘‘(i) the person was represented by counsel in

2 the case, or knowingly and intelligently waived the

3 right to counsel in the case; and

4 ‘‘(ii) in the case of a prosecution for an offense

5 described in this paragraph for which a person was

6 entitled to a jury trial in the jurisdiction in which

7 the case was tried—

8 ‘‘(I) the case was tried by a jury; or

9 ‘‘(II) the person knowingly and intel10 ligently waived the right to have the case tried

11 by jury, by guilty plea or otherwise.

12 ‘‘(B) A person shall not be considered to have been

13 convicted of such an offense for purposes of this chapter

14 if the conviction has been expunged or set aside, or is an

15 offense for which the person has been pardoned or has

16 had civil rights restored (if the law of the applicable juris17 diction provides for the loss of civil rights under such an

18 offense) unless the pardon, expungement, or restoration

19 of civil rights expressly provides that the person may not

20 ship, transport, possess, or receive firearms.

21 ‘‘(s) ‘Adjudicated delinquent’ means an adjudication

22 of delinquency based upon a finding of the commission of

23 an act by a person prior to his or her eighteenth birthday

24 that, if committed by an adult, would be a serious drug

25 offense or violent felony (as defined in section 3559(c)(2)
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1 of this title), on or after the date of enactment of this

2 paragraph.’’.

3 (d) ALIENS ADMITTED UNDER NONIMMIGRANT

4 VISAS.—Section 842 is amended by adding at the end the

5 following:

6 ‘‘(r)(1) For purposes of this subsection—

7 ‘‘(A) the term ‘alien’ has the same meaning as

8 in section 101(a)(3) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(3)); and

10 ‘‘(B) the term ‘nonimmigrant visa’ has the

11 same meaning as in section 101(a)(26) of the Immi12 gration and Nationality Act (8 U.S.C. 1101(a)(26)).

13 ‘‘(2) Sections (d)(7)(B) and (i)(5)(B) do not apply

14 to any alien who has been lawfully admitted to the United

15 States under a nonimmigrant visa, if that alien is a for16 eign law enforcement officer of a friendly foreign govern17 ment entering the United States on official law enforce18 ment business.

19 ‘‘(3)(A) Any individual who has been admitted to the

20 United States under a nonimmigrant visa may receive a

21 waiver from the requirements of subsection (i)(5)(B), if—

22 ‘‘(i) the individual submits to the Attorney Gen23 eral a petition that meets the requirements of sub24 paragraph (C); and
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1 ‘‘(ii) the Attorney General approves the peti2 tion.

3 ‘‘(B) Each petition under subparagraph (B) shall—

4 ‘‘(i) demonstrate that the petitioner has resided

5 in the United States for a continuous period of not

6 less than 180 days before the date on which the pe7 tition is submitted under this paragraph; and

8 ‘‘(ii) include a written statement from the em9 bassy or consulate of the petitioner, authorizing the

10 petitioner to acquire explosives and certifying that

11 the alien would not, absent the application of sub12 section (i)(5)(B), otherwise be prohibited from such

13 an acquisition under subsection (i).

14 ‘‘(C) The Attorney General shall approve a petition

15 submitted in accordance with this paragraph, if the Attor16 ney General determines that waiving the requirements of

17 subsection (i)(5)(B) with respect to the petitioner—

18 ‘‘(i) would be in the interests of justice; and

19 ‘‘(ii) would not jeopardize the public safety.’’.

20 (e) CONFORMING AMENDMENT.—Section 845 of title

21 18, United States Code, is amended by adding at the end

22 the following:

23 ‘‘(d) Notwithstanding any other provision of this sec24 tion, no person convicted of a misdemeanor crime of do25 mestic violence may ship or transport any explosive mate-
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1 rials in interstate or foreign commerce or to receive or pos2 sess any explosive materials which have been shipped or

3 transported in interstate or foreign commerce.’’.

4 TITLE VI—PUNISHING GANG VI5 OLENCE AND DRUG TRAF6 FICKING TO MINORS

7 SEC. 601. INCREASED MANDATORY MINIMUM PENALTIES

8 FOR USING MINORS TO DISTRIBUTE DRUGS.

9 Section 420 of the Controlled Substances Act (21

10 U.S.C. 861) is amended—

11 (1) in subsection (b), by striking ‘‘one year’’

12 and inserting ‘‘3 years’’; and

13 (2) in subsection (c), by striking ‘‘one year’’

14 and inserting ‘‘5 years’’.

15 SEC. 602. INCREASED MANDATORY MINIMUM PENALTIES

16 FOR DISTRIBUTING DRUGS TO MINORS.

17 Section 418 of the Controlled Substances Act (21

18 U.S.C. 859) is amended—

19 (1) in subsection (a), by striking ‘‘one year’’

20 and inserting ‘‘3 years’’; and

21 (2) in subsection (b), by striking ‘‘one year’’

22 and inserting ‘‘5 years’’.
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1 SEC. 603. INCREASED MANDATORY MINIMUM PENALTIES

2 FOR DRUG TRAFFICKING IN OR NEAR A

3 SCHOOL OR OTHER PROTECTED LOCATION.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) in subsection (a), by striking ‘‘one year’’

7 and inserting ‘‘3 years’’; and

8 (2) in subsection (b), by striking ‘‘three years’’

9 each place that term appears and inserting ‘‘5

10 years’’.

11 SEC. 604. CRIMINAL STREET GANGS.

12 (a) IN GENERAL.—Section 521 of title 18, United

13 States Code, is amended—

14 (1) in subsection (a), in the second undesig15 nated paragraph—

16 (A) by striking ‘‘5’’ and inserting ‘‘3’’;

17 (B) by inserting ‘‘, whether formal or in18 formal’’ after ‘‘or more persons’’; and

19 (C) in subparagraph (A), by inserting ‘‘or

20 activities’’ after ‘‘purposes’’;

21 (2) in subsection (b), by inserting after ‘‘10

22 years’’ the following: ‘‘and such person shall be sub23 ject to the forfeiture prescribed in section 412 of the

24 Controlled Substances Act (21 U.S.C. 853)’’;

25 (3) in subsection (c)—
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1 (A) in paragraph (2), by striking ‘‘and’’ at

2 the end;

3 (B) in paragraph (3), by striking the pe4 riod at the end and inserting a semicolon;

5 (C) by adding at the end the following:

6 ‘‘(3) that is a violation of section 522 (relating

7 to the recruitment of persons to participate in crimi8 nal gang activity);

9 ‘‘(4) that is a violation of section 844, 875, or

10 876 (relating to extortion and threats), section 1084

11 (relating to gambling), section 1955 (relating to

12 gambling), or chapter 73 (relating to obstruction of

13 justice);

14 ‘‘(5) that is a violation of section 1956 (relating

15 to money laundering), to the extent that the viola16 tion of such section is related to a Federal or State

17 offense involving a controlled substance (as that

18 term is defined in section 102 of the Controlled Sub19 stances Act (21 U.S.C. 802)); or

20 ‘‘(6) that is a violation of section 274(a)(1)(A),

21 277, or 278 of the Immigration and Nationality Act

22 (8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating

23 to alien smuggling); and
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1 ‘‘(7) a conspiracy, attempt, or solicitation to

2 commit an offense described in paragraphs (1)

3 through (6).’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 Section 3663(c)(4) of title 18, United States Code, is

6 amended by striking ‘‘chapter 46’’ and inserting ‘‘section

7 521, chapter 46,’’.

8 SEC. 605. INCREASE IN OFFENSE LEVEL FOR PARTICIPA9 TION IN CRIME AS A GANG MEMBER.

10 (a) DEFINITION OF CRIMINAL STREET GANG.—In

11 this section, the term ‘‘criminal street gang’’ has the

12 meaning given that term in section 521(a) of title 18,

13 United States Code.

14 (b) AMENDMENT OF SENTENCING GUIDELINES.—

15 (1) IN GENERAL.—Pursuant to its authority

16 under section 994(p) of title 28, United States Code,

17 the United States Sentencing Commission shall

18 amend the Federal Sentencing Guidelines to provide

19 an appropriate enhancement for any Federal offense

20 described in section 521(c) of title 18, United States

21 Code, if the offense was both committed in connec22 tion with, or in furtherance of, the activities of a

23 criminal street gang and the defendant was a mem24 ber of the criminal street gang at the time of the of25 fense.
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1 (2) FACTORS TO BE CONSIDERED.—In deter2 mining an appropriate enhancement under this sec3 tion, the United States Sentencing Commission shall

4 give great weight to the seriousness of the offense,

5 the offender’s relative position in the criminal gang,

6 and the risk of death or serious bodily injury to any

7 person posed by the offense.

8 (c) CONSTRUCTION WITH OTHER GUIDELINES.—

9 The amendment made by subsection (b) shall provide that

10 the increase in the offense level shall be in addition to any

11 other adjustment under chapter 3 of the Federal Sen12 tencing Guidelines.

13 SEC. 606. INTERSTATE AND FOREIGN TRAVEL OR TRANS14 PORTATION IN AID OF CRIMINAL GANGS.

15 (a) TRAVEL ACT AMENDMENT.—Section 1952 of

16 title 18, United States Code, is amended to read as fol17 lows:

18 ‘‘§ 1952. Interstate and foreign travel or transpor19 tation in aid of racketeering enterprises

20 ‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—

21 ‘‘(1) IN GENERAL.—Whoever—

22 ‘‘(A) travels in interstate or foreign com23 merce or uses the mail or any facility in inter24 state or foreign commerce, with intent to—
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1 ‘‘(i) distribute the proceeds of any un2 lawful activity; or

3 ‘‘(ii) otherwise promote, manage, es4 tablish, carry on, or facilitate the pro5 motion, management, establishment, or

6 carrying on, of any unlawful activity; and

7 ‘‘(B) after travel or use of the mail or any

8 facility in interstate or foreign commerce de9 scribed in subparagraph (A), performs, at10 tempts to perform, or conspires to perform an

11 act described in clause (i) or (ii) of subpara12 graph (A);

13 shall be fined under this title, imprisoned not more

14 than 10 years, or both.

15 ‘‘(2) CRIMES OF VIOLENCE.—Whoever—

16 ‘‘(A) travels in interstate or foreign com17 merce or uses the mail or any facility in inter18 state or foreign commerce, with intent to com19 mit any crime of violence to further any unlaw20 ful activity; and

21 ‘‘(B) after travel or use of the mail or any

22 facility in interstate or foreign commerce de23 scribed in subparagraph (A), commits, attempts

24 to commit, or conspires to commit any crime of

25 violence to further any unlawful activity;
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1 shall be fined under this title, imprisoned for not

2 more than 20 years, or both, and if death results

3 shall be sentenced to death or be imprisoned for any

4 term of years or for life.

5 ‘‘(b) DEFINITIONS.—In this section:

6 ‘‘(1) CONTROLLED SUBSTANCE.—The term

7 ‘controlled substance’ has the meaning given that

8 term in section 102(6) of the Controlled Substances

9 Act (21 U.S.C. 802(6)).

10 ‘‘(2) STATE.—The term ‘State’ means a State

11 of the United States, the District of Columbia, and

12 any commonwealth, territory, or possession of the

13 United States.

14 ‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw15 ful activity’ means—

16 ‘‘(A) any business enterprise involving

17 gambling, liquor on which the Federal excise

18 tax has not been paid, narcotics or controlled

19 substances, or prostitution offenses in violation

20 of the laws of the State in which the offense is

21 committed or of the United States;

22 ‘‘(B) extortion, bribery, arson, burglary if

23 the offense involves property valued at not less

24 than $10,000, assault with a deadly weapon,

25 assault resulting in bodily injury, shooting at an
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1 occupied dwelling or motor vehicle, or retalia2 tion against or intimidation of witnesses, vic3 tims, jurors, or informants, in violation of the

4 laws of the State in which the offense is com5 mitted or of the United States; or

6 ‘‘(C) any act that is indictable under sec7 tion 1956 or 1957 of this title or under sub8 chapter II of chapter 53 of title 31.’’.

9 (b) AMENDMENT OF SENTENCING GUIDELINES.—

10 (1) IN GENERAL.—Pursuant to its authority

11 under section 994(p) of title 28, United States Code,

12 the United States Sentencing Commission shall

13 amend chapter 2 of the Federal Sentencing Guide14 lines to provide an appropriate increase in the of15 fense levels for traveling in interstate or foreign

16 commerce in aid of unlawful activity.

17 (2) UNLAWFUL ACTIVITY DEFINED.—In this

18 subsection, the term ‘‘unlawful activity’’ has the

19 meaning given that term in section 1952(b) of title

20 18, United States Code, as amended by this section.

21 (3) SENTENCING ENHANCEMENT FOR RECRUIT22 MENT ACROSS STATE LINES.—Pursuant to its au23 thority under section 994(p) of title 28, United

24 States Code, the United States Sentencing Commis25 sion shall amend the Federal Sentencing Guidelines
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1 to provide an appropriate enhancement for a person

2 who, in violating section 522 of title 18, United

3 States Code, recruits, solicits, induces, commands, or

4 causes another person residing in another State to

5 be or to remain a member of a criminal street gang,

6 or crosses a State line with the intent to recruit,

7 solicit, induce, command, or cause another person to

8 be or to remain a member of a criminal street gang.

9 SEC. 607. GANG-RELATED WITNESS INTIMIDATION AND RE10 TALIATION.

11 (a) INTERSTATE TRAVEL TO ENGAGE IN WITNESS

12 INTIMIDATION OR OBSTRUCTION OF JUSTICE.—Section

13 1952 of title 18, United States Code, is amended—

14 (1) by redesignating subsections (b) and (c) as

15 subsections (c) and (d), respectively; and

16 (2) by inserting after subsection (a) the fol17 lowing:

18 ‘‘(b) Whoever travels in interstate or foreign com19 merce with intent by bribery, force, intimidation, or

20 threat, directed against any person, to delay or influence

21 the testimony of or prevent from testifying a witness in

22 a State criminal proceeding or by any such means to cause

23 any person to destroy, alter, or conceal a record, docu24 ment, or other object, with intent to impair the object’s

25 integrity or availability for use in such a proceeding, and
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1 thereafter engages or endeavors to engage in such con2 duct, shall be fined under this title or imprisoned not more

3 than 10 years, or both; and if serious bodily injury (as

4 defined in section 1365 of this title) results, shall be so

5 fined or imprisoned for not more than 20 years, or both;

6 and if death results, shall be so fined and imprisoned for

7 any term of years or for life, or both, and may be sen8 tenced to death.’’.

9 (b) CONSPIRACY PENALTY FOR OBSTRUCTION OF

10 JUSTICE OFFENSES INVOLVING VICTIMS, WITNESSES,

11 AND INFORMANTS.—Section 1512 of title 18, United

12 States Code, is amended by adding at the end the fol13 lowing:

14 ‘‘(j) Whoever conspires to commit any offense defined

15 in this section or section 1513 of this title shall be subject

16 to the same penalties as those prescribed for the offense

17 the commission of which was the object of the con18 spiracy.’’.

19 (c) WITNESS RELOCATION SURVEY AND TRAINING

20 PROGRAM.—

21 (1) SURVEY.—The Attorney General shall sur22 vey all State and selected local witness protection

23 and relocation programs to determine the extent and

24 nature of such programs and the training needs of

25 those programs. Not later than 270 days after the
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1 date of the enactment of this section, the Attorney

2 General shall report the results of this survey to

3 Congress.

4 (2) TRAINING.—Based on the results of such

5 survey, the Attorney General shall make available to

6 State and local law enforcement agencies training to

7 assist those law enforcement agencies in developing

8 and managing witness protection and relocation pro9 grams.

10 (3) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated to carry out

12 paragraphs (1) and (2) for fiscal year 2000 not to

13 exceed $500,000.

14 (d) FEDERAL-STATE COORDINATION AND COOPERA15 TION REGARDING NOTIFICATION OF INTERSTATE WIT16 NESS RELOCATION.—

17 (1) ATTORNEY GENERAL TO PROMOTE INTER18 STATE COORDINATION.—The Attorney General shall

19 engage in activities, including the establishment of a

20 model Memorandum of Understanding under para21 graph (2), which promote coordination among State

22 and local witness interstate relocation programs.

23 (2) MODEL MEMORANDUM OF UNDER24 STANDING.—The Attorney General shall establish a

25 model Memorandum of Understanding for States
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1 and localities that engage in interstate witness relo2 cation. Such a model Memorandum of Under3 standing shall include a requirement that notice be

4 provided to the jurisdiction to which the relocation

5 has been made by the State or local law enforcement

6 agency that relocates a witness to another State who

7 has been arrested for or convicted of a crime of vio8 lence as described in section 16 of title 18, United

9 States Code.

10 (3) BYRNE GRANT ASSISTANCE.—The Attorney

11 General is authorized to expend up to 10 percent of

12 the total amount appropriated under section 511 of

13 subpart 2 of part E of the Omnibus Crime Control

14 and Safe Streets Act of 1968 for purposes of mak15 ing grants pursuant to section 510 of that Act to

16 those jurisdictions that have interstate witness relo17 cation programs and that have substantially followed

18 the model Memorandum of Understanding.

19 (4) GUIDELINES AND DETERMINATION OF ELI20 GIBILITY.—The Attorney General shall establish

21 guidelines relating to the implementation of para22 graph (4) and shall determine, consistent with such

23 guidelines, which jurisdictions are eligible for grants

24 under paragraph (4).
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1 (d) BYRNE GRANTS.—Section 501(b) of the Omnibus

2 Crime Control and Safe Streets Act of 1968 is amended—

3 (1) by striking ‘‘and’’ at the end of paragraph

4 (25);

5 (2) by striking the period at the end paragraph

6 (26) and inserting ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(27) developing and maintaining witness secu9 rity and relocation programs, including providing

10 training of personnel in the effective management of

11 such programs.’’.

12 (e) DEFINITION.—As used in this section, the term

13 ‘‘State’’ includes the District of Columbia, Puerto Rico,

14 and any other commonwealth, territory, or possession of

15 the United States.

Æ