H. R. 3355—219
shall be provided orally or in writing, as the Secretary may
require. The Secretary shall implement a system whereby the
licensee can positively identify and establish that an individual
requesting information via telephone is employed by and
authorized by the agency to request such information.’’.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS
LICENSEES.
Section 923 of title 18, United States Code, is amended by
adding at the end the following new subsection:
‘‘(1) The Secretary of the Treasury shall notify the chief
law enforcement officer in the appropriate State and local juris-
dictions of the names and addresses of all persons in the
State to whom a firearms license is issued.’’.
Subtitle D—Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR
RECEIPT OF FIREARMS BY, PERSONS WHO HAVE
COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED.—Section 921(a) of title 18,
United States Code, as amended by section 110103(b), is amended
by inserting at the end the following new paragraph:
‘‘(32) The term ‘intimate partner’ means, with respect to a
person, the spouse of the person, a former spouse of the person,
an individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.’’.
(b) PROHIBITION AGAINST DISPOSAL
OF FIREARMS.—Section
922(d) of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7)
and inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the following new para-
graph:
‘‘(8) is subject to a court order that restrains such person
from harassing, stalking, or threatening an intimate partner
of such person or child of such intimate partner or person,
or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a court
order that—
‘‘(A) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
‘‘(B)(i) includes a finding that such person represents
a credible threat to the physical safety of such intimate
partner or child; or
‘‘(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury.’’.
(c) PROHIBITION AGAINST RECEIPT OF FIREARMS.—Section 922(g)
of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (6);
(2) by inserting ‘‘or’’ at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
H. R. 3355—220
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
‘‘(B) restrains such person from harassing, stalking,
or threatening an intimate partner of such person or child
of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person represents
a credible threat to the physical safety of such intimate
partner or child; or
‘‘(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury,’’.
(d) STORAGE OF FIREARMS.—Section 926(a) of title 18, United
States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the following:
‘‘(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 922.’’.
(e) RETURN OF FIREARMS.—Section 924(d)(1) of title 18, United
States Code, is amended by striking ‘‘the seized’’ and inserting
‘‘or lapse of or court termination of the restraining order to which
he is subject, the seized or relinquished’’.
Subtitle E—Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC
FIREARM DURING A CRIME OF VIOLENCE OR A DRUG
TRAFFICKING CRIME.
(a) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its
authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement of the punish-
ment for a crime of violence (as defined in section 924(c)(3) of
title 18, United States Code) or a drug trafficking crime (as defined
in section 924(c)(2) of title 18, United States Code) if a semiauto-
matic firearm is involved.
(b) SEMIAUTOMATIC FIREARM.—In subsection (a), ‘‘semiauto-
matic firearm’’ means any repeating firearm that utilizes a portion
of the energy of a firing cartridge to extract the fired cartridge
case and chamber the next round and that requires a separate
pull of the trigger to fire each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING
AN EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall
promulgate amendments to the sentencing guidelines to appro-
priately enhance penalties in a case in which a defendant convicted
H. R. 3355—221
under section 844(h) of title 18, United States Code, has previously
been convicted under that section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by
section 60013, is amended by adding at the end the following
new subsection:
‘‘(j) A person who, with intent to engage in or to promote
conduct that—
‘‘(1) is punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1901 et seq.);
‘‘(2) violates any law of a State relating to any controlled
substance (as defined in section 102 of the Controlled Sub-
stances Act, 21 U.S.C. 802); or
‘‘(3) constitutes a crime of violence (as defined in subsection
(c)(3),
smuggles or knowingly brings into the United States a firearm,
or attempts to do so, shall be imprisoned not more than 10 years,
fined under this title, or both.’’.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United States Code,
as amended by section 110203(a), is amended by adding at the
end the following new subsection:
‘‘(k) A person who steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign commerce
shall be imprisoned for not more than 10 years, fined under this
title, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United States Code,
is amended by adding at the end the following new subsection:
‘‘(k) A person who steals any explosives materials which are
moving as, or are a part of, or which have moved in, interstate
or foreign commerce shall be imprisoned for not more than 10
years, fined under this title, or both.’’.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRIS-
ONMENT.
Section 3583 of title 18, United States Code, is amended—
(1) in subsection (d) by striking ‘‘possess illegal controlled
substances’’ and inserting ‘‘unlawfully possess a controlled sub-
stance’’;
(2) in subsection (e)—
(A) by striking ‘‘person’’ each place such term appears
in such subsection and inserting ‘‘defendant’’; and
(B) by amending paragraph (3) to read as follows:
‘‘(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of supervised
release authorized by statute for the offense that resulted in
such term of supervised release without credit for time pre-
viously served on postrelease supervision, if the court, pursuant
to the Federal Rules of Criminal Procedure applicable to revoca-
tion of probation or supervised release, finds by a preponder-
ance of the evidence that the defendant violated a condition
of supervised release, except that a defendant whose term
is revoked under this paragraph may not be required to serve
more than 5 years in prison if the offense that resulted in
H. R. 3355—222
the term of supervised release is a class A felony, more than
3 years in prison if such offense is a class B felony, more
than 2 years in prison if such offense is a class C or D felony,
or more than one year in any other case; or’’; and
(3) by striking subsection (g) and inserting the following:
‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED
SUBSTANCE OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG
TESTING.—If the defendant—
‘‘(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
‘‘(2) possesses a firearm, as such term is defined in section
921 of this title, in violation of Federal law, or otherwise violates
a condition of supervised release prohibiting the defendant
from possessing a firearm; or
‘‘(3) refuses to comply with drug testing imposed as a
condition of supervised release;
the court shall revoke the term of supervised release and require
the defendant to serve a term of imprisonment not to exceed the
maximum term of imprisonment authorized under subsection (e)(3).
‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCATION.—When a
term of supervised release is revoked and the defendant is required
to serve a term of imprisonment that is less than the maximum
term of imprisonment authorized under subsection (e)(3), the court
may include a requirement that the defendant be placed on a
term of supervised release after imprisonment. The length of such
a term of supervised release shall not exceed the term of supervised
release authorized by statute for the offense that resulted in the
original term of supervised release, less any term of imprisonment
that was imposed upon revocation of supervised release.
‘‘(i) DELAYED REVOCATION.—The power of the court to revoke
a term of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term
of supervised release, extends beyond the expiration of the term
of supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.’’.
SEC. 110506. REVOCATION OF PROBATION.
(a) IN GENERAL.—Section 3565(a) of title 18, United States
Code, is amended—
(1) in paragraph (2) by striking ‘‘impose any other sentence
that was available under subchapter A at the time of the
initial sentencing’’ and inserting ‘‘resentence the defendant
under subchapter A’’; and
(2) by striking the last sentence.
(b) MANDATORY
REVOCATION.—Section 3565(b) of title 18,
United States Code, is amended to read as follows:
‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED
SUBSTANCE OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TEST-
ING.—If the defendant—
‘‘(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
‘‘(2) possesses a firearm, as such term is defined in section
921 of this title, in violation of Federal law, or otherwise violates