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‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible
to receive a grant under section 20103 or 20104, a
State shall, not later than January 1, 2001, have a
program of mental health screening and treatment
for appropriate categories of juvenile and other of-
fenders during periods of incarceration and juvenile
and criminal justice supervision, that is consistent
with guidelines issued by the Attorney General.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of this subtitle, amounts made
available to a State under section 20103 or
20104, may be applied to the costs of programs
described in paragraph (1), consistent with
guidelines issued by the Attorney General.
‘‘(B) ADDITIONAL
USE.—In addition to
being used as specified in subparagraph (A),
the funds referred to in that subparagraph may
be used by a State to pay the costs of providing
to the Attorney General a baseline study on the
mental health problems of juvenile offenders
and prisoners in the State, which study shall be
consistent with guidelines issued by the Attor-
ney General.’’.
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SEC. 10107. INAPPLICABILITY OF AMENDMENTS.
Section 3626 of title 18 is amended by adding at the
end the following:
‘‘(h) INAPPLICABILITY
OF AMENDMENTS.—A civil
action brought pursuant to section 1983 of title 42,
United States Code, that seeks to remedy conditions of
confinement for individuals who are under the age of 18
shall be governed by the terms of this section, as in effect
on the day before the date of enactment of the Prison Liti-
gation Reform Act of 1995 and the amendments made by
that Act (18 U.S.C. 3601 note).’’.
Subtitle C—Juvenile Justice and
Accountability
SEC. 10201. SHORT TITLE.
This subtitle may be cited as the ‘‘Juvenile Justice
and Accountability Act’’.
SEC. 10202. GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by adding at the end the following:
‘‘PART L—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 299AAA. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Administrator is authorized
to provide grants to States, for use by States and units
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of local government, and in certain cases directly to spe-
cially qualified units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State or a unit of local government under this part shall
be used by the State or unit of local government for the
purpose of strengthening the juvenile justice system,
which includes—
‘‘(1) developing, implementing, and admin-
istering graduated sanctions for juvenile offenders;
‘‘(2) building, expanding, renovating, or oper-
ating temporary or permanent juvenile correction,
detention, or community corrections facilities;
‘‘(3) hiring juvenile court judges, probation offi-
cers, and court-appointed defenders and special ad-
vocates, and funding pretrial services for juvenile of-
fenders, to promote the effective and expeditious ad-
ministration of the juvenile justice system;
‘‘(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be
prosecuted and case backlogs reduced;
‘‘(5) providing funding to enable prosecutors to
address drug, gang, and youth violence problems
more effectively and for technology, equipment, and
training to assist prosecutors in identifying and ex-
pediting the prosecution of violent juvenile offenders;
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‘‘(6) establishing and maintaining training pro-
grams for law enforcement and other court per-
sonnel with respect to preventing and controlling ju-
venile crime;
‘‘(7) establishing juvenile gun courts for the
prosecution and adjudication of juvenile firearms of-
fenders;
‘‘(8) establishing drug court programs for juve-
nile offenders that provide continuing judicial super-
vision over juvenile offenders with substance abuse
problems and the integrated administration of other
sanctions and services for such offenders;
‘‘(9) establishing and maintaining a system of
juvenile records designed to promote public safety;
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juve-
nile and criminal justice system, schools, and social
services agencies to make more informed decisions
regarding the early identification, control, super-
vision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts;
‘‘(11) establishing and maintaining account-
ability-based programs designed to reduce recidivism
among juveniles who are referred by law enforce-
ment personnel or agencies, including development
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of a plan for administering after care services and
treatment for juvenile offenders when they are re-
leased.
‘‘(12) establishing and maintaining programs to
conduct risk and need assessments of juvenile of-
fenders that facilitate the effective early intervention
and the provision of comprehensive services, includ-
ing mental health screening and treatment and sub-
stance abuse testing and treatment to such offend-
ers;
‘‘(13) establishing and maintaining account-
ability-based programs that are designed to enhance
school safety;
‘‘(14) enacting Child Access Prevention (CAP)
laws;
‘‘(15) establishing and maintaining programs to
enable juvenile courts and juvenile probation officers
to be more effective and efficient in holding juvenile
offenders accountable and reducing recidivism;
‘‘(16) building and maintaining smaller juvenile
facilities, including separate units for juveniles tried
as adults;
‘‘(17) requiring all correctional staff who are
responsible for supervising juvenile offenders be pro-
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vided with orientation and on-going training regard-
ing the unique needs of juveniles; and
‘‘(18) developing and utilizing accountable com-
munity-based alternatives to incarceration.
‘‘SEC. 299BBB. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive
a grant under this section, a State shall submit to the
Administrator an application at such time, in such form,
and containing such assurances and information as the
Administrator may require by rule, including assurances
that the State and any unit of local government to which
the State provides funding under section 1803(b), has in
effect (or shall have in effect, not later than 1 year after
the date that the State submits such application) laws,
or has implemented (or shall implement, not later than
1 year after the date that the State submits such applica-
tion) policies and programs that—
‘‘(1) provide for a system of graduated sanc-
tions described in subsection (c); and
‘‘(2) prohibit the application of the death pen-
alty for juveniles.
‘‘(b) LOCAL ELIGIBILITY.—
‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to
receive a subgrant, a unit of local government, other
than a specially qualified unit, shall provide such as-
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surances to the State as the State shall require,
that, to the maximum extent applicable, the unit of
local government has in effect (or shall have in ef-
fect, not later than 1 year after the date that the
unit submits such application) laws, or has imple-
mented (or shall implement, not later than 1 year
after the date that the unit submits such applica-
tion) policies and programs, that provide for a sys-
tem of graduated sanctions described in subsection
(c).
‘‘(2) SPECIAL
RULE.—The requirements of
paragraph (1) shall apply to a specially qualified
unit that receives funds from the Administrator
under section 1803(e), except that information that
is otherwise required to be submitted to the State
shall be submitted to the Administrator.
‘‘(c) GRADUATED SANCTIONS.—A system of grad-
uated sanctions, which may be discretionary as provided
in subsection (d), shall ensure, at a minimum, that—
‘‘(1) sanctions are imposed on juvenile offend-
ers for every offense;
‘‘(2) sanctions escalate in intensity with each
subsequent, more serious delinquent or criminal of-
fense;
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‘‘(3) there is sufficient flexibility to allow for in-
dividualized sanctions and services suited to the indi-
vidual juvenile offender; and
‘‘(4) appropriate consideration is given to public
safety and victims of crime.
‘‘(d) DISCRETIONARY USE OF SANCTIONS.—
‘‘(1) VOLUNTARY PARTICIPATION.—A State or
unit of local government may be eligible to receive
a grant under this part if—
‘‘(A) its system of graduated sanctions is
discretionary; and
‘‘(B) it demonstrates that it has promoted
the use of a system of graduated sanctions by
taking steps to encourage implementation of
such a system by juvenile courts.
‘‘(2) REPORTING REQUIREMENT IF GRADUATED
SANCTIONS NOT USED.—
‘‘(A) JUVENILE COURTS.—A State or unit
of local government in which the imposition of
graduated sanctions is discretionary shall re-
quire 
each 
juvenile 
court 
within 
its
jurisdiction—
‘‘(i) which has not implemented a sys-
tem of graduated sanctions, to submit an
annual report that explains why such court
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did not implement graduated sanctions;
and
‘‘(ii) which has implemented a system
of graduated sanctions but has not im-
posed graduated sanctions in 1 or more
specific cases, to submit an annual report
that explains why such court did not im-
pose graduated sanctions.
‘‘(B) UNITS
OF
LOCAL
GOVERNMENT.—
Each unit of local government, other than a
specially qualified unit, that has 1 or more juve-
nile courts that use a discretionary system of
graduated sanctions shall collect the informa-
tion reported under subparagraph (A) for sub-
mission to the State each year.
‘‘(C) STATES.—Each State and specially
qualified unit that has 1 or more juvenile courts
that use a discretionary system of graduated
sanctions shall collect the information reported
under subparagraph (A) for submission to the
Administrator each year. A State shall also col-
lect and submit to the Administrator the infor-
mation collected under subparagraph (B).
‘‘(e) DEFINITIONS.—For purposes of this section:
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‘‘(1) The term ‘discretionary’ means that a sys-
tem of graduated sanctions is not required to be im-
posed by each and every juvenile court in a State or
unit of local government.
‘‘(2) The term ‘sanctions’ means tangible, pro-
portional consequences that hold the juvenile of-
fender accountable for the offense committed. A
sanction may include counseling, restitution, commu-
nity service, a fine, supervised probation, or confine-
ment.
‘‘SEC. 299CCC. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regula-
tions promulgated pursuant to this part and except
as provided in paragraph (3), the Administrator
shall allocate—
‘‘(A) 0.5 percent for each State; and
‘‘(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is
available bears to the population of people
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under the age of 18 of all the States for such
fiscal year.
‘‘(2) PROHIBITION.—No funds allocated to a
State under this subsection or received by a State
for distribution under subsection (b) may be distrib-
uted by the Administrator or by the State involved
for any program other than a program contained in
an approved application.
‘‘(3) INCREASE FOR STATE RESERVE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a State demonstrates and certifies
to the Administrator that the State’s law en-
forcement expenditures in the fiscal year pre-
ceding the date in which an application is sub-
mitted under this part is more than 25 percent
of the aggregate amount of law enforcement ex-
penditures by the State and its eligible units of
local government, the percentage referred to in
paragraph (1)(A) shall equal the percentage de-
termined by dividing the State’s law enforce-
ment expenditures by such aggregate.
‘‘(B) LAW ENFORCEMENT EXPENDITURES
OVER 50 PERCENT.—If the law enforcement ex-
penditures of a State exceed 50 percent of the
aggregate amount described in subparagraph
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(A), the Administrator shall consult with as
many units of local government in such State
as practicable regarding the State’s proposed
uses of funds.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (a)(3), each State which receives funds under
subsection (a)(1) in a fiscal year shall distribute not
less than 75 percent of such amounts received
among units of local government, for the purposes
specified in section 1801. In making such distribu-
tion the State shall allocate to such units of local
government an amount which bears the same ratio
to the aggregate amount of such funds as—
‘‘(A) the sum of—
‘‘(i) the product of—
‘‘(I) three-quarters; multiplied by
‘‘(II) the average law enforce-
ment expenditure for such unit of
local government for the 3 most re-
cent calendar years for which such
data is available; plus
‘‘(ii) the product of—
‘‘(I) one-quarter; multiplied by
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‘‘(II) the average annual number
of part 1 violent crimes in such unit
of local government for the 3 most re-
cent calendar years for which such
data is available, bears to—
‘‘(B) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
‘‘(2) EXPENDITURES.—The allocation any unit
of local government shall receive under paragraph
(1) for a payment period shall not exceed 100 per-
cent of law enforcement expenditures of the unit for
such payment period.
‘‘(3) REALLOCATION.—The amount of any unit
of local government’s allocation that is not available
to such unit by operation of paragraph (2) shall be
available to other units of local government that are
not affected by such operation in accordance with
this subsection.
‘‘(c) UNAVAILABILITY
OF DATA
FOR UNITS
OF
LOCAL GOVERNMENT.—If the State has reason to believe
that the reported rate of part 1 violent crimes or law en-
forcement expenditures for a unit of local government is
insufficient or inaccurate, the State shall—
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‘‘(1) investigate the methodology used by the
unit to determine the accuracy of the submitted
data; and
‘‘(2) if necessary, use the best available com-
parable data regarding the number of violent crimes
or law enforcement expenditures for the relevant
years for the unit of local government.
‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS
THAN $5,000.—If under this section a unit of local gov-
ernment is allocated less than $5,000 for a payment pe-
riod, the amount allotted shall be expended by the State
on services to units of local government whose allotment
is less than such amount in a manner consistent with this
part.
‘‘(e) DIRECT GRANTS
TO SPECIALLY QUALIFIED
UNITS.—
‘‘(1) IN GENERAL.—If a State does not qualify
or apply for funds reserved for allocation under sub-
section (a) by the application deadline established by
the Administrator, the Administrator shall reserve
not more than 75 percent of the allocation that the
State would have received under subsection (a) for
such fiscal year to provide grants to specially quali-
fied units which meet the requirements for funding
under section 1802.
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‘‘(2) AWARD BASIS.—In addition to the quali-
fication requirements for direct grants for specially
qualified units the Administrator may use the aver-
age amount allocated by the States to units of local
government as a basis for awarding grants under
this section.
‘‘SEC. 299DDD. GUIDELINES.
‘‘(a) IN GENERAL.—The Attorney General shall issue
guidelines establishing procedures under which a State or
unit of local government that receives funds under section
1803 is required to provide notice to the Administrator
regarding the proposed use of funds made available under
this part.
‘‘(b) ADVISORY BOARD.—The guidelines referred to
in subsection (a) shall include a requirement that such eli-
gible State or unit of local government establish and con-
vene an advisory board to review the proposed uses of such
funds. The board shall include representation from, if
appropriate—
‘‘(1) the State or local police department;
‘‘(2) the local sheriff’s department;
‘‘(3) the State or local prosecutor’s office;
‘‘(4) the State or local juvenile court;
‘‘(5) the State or local probation officer;
‘‘(6) the State or local educational agency;
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‘‘(7) a State or local social service agency; and
‘‘(8) a nonprofit, religious, or community group.
‘‘SEC. 299EEE. PAYMENT REQUIREMENTS.
‘‘(a) TIMING
OF PAYMENTS.—The Administrator
shall pay to each State or unit of local government that
receives funds under section 1803 that has submitted an
application under this part not later than—
‘‘(1) 90 days after the date that the amount is
available, or
‘‘(2) the first day of the payment period if the
State has provided the Administrator with the assur-
ances required by subsection (c),
whichever is later.
‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—From amounts
awarded under this part, a State or specially quali-
fied unit shall repay to the Administrator, or a unit
of local government shall repay to the State by not
later than 39 months after receipt of funds from the
Administrator, any amount that is not expended by
the State within 3 years after receipt of such funds
from the Administrator.
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the Ad-
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ministrator shall reduce payment in future payment
periods accordingly.
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Administrator as repayments under
this subsection shall be deposited in a designated
fund for future payments to States and specially
qualified units.
‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of
local government that receives funds under this part may
use not more than 5 percent of such funds to pay for ad-
ministrative costs.
‘‘(d) 
NONSUPPLANTING
REQUIREMENT.—Funds
made available under this part to States and units of local
government shall not be used to supplant State or local
funds as the case may be, but shall be used to increase
the amount of funds that would, in the absence of funds
made available under this part, be made available from
State or local sources, as the case may be.
‘‘(e) MATCHING FUNDS.—The Federal share of a
grant received under this part may not exceed 90 percent
of the costs of a program or proposal funded under this
part.
‘‘SEC. 299FFF. UTILIZATION OF PRIVATE SECTOR.
‘‘Funds or a portion of funds allocated under this
part may be utilized to contract with private, nonprofit
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entities, or community-based organizations to carry out
the purposes specified under section 1801(a)(2).
‘‘SEC. 299GGG. ADMINISTRATIVE PROVISIONS.
‘‘(a) IN GENERAL.—A State or specially qualified
unit that receives funds under this part shall—
‘‘(1) establish a trust fund in which the govern-
ment will deposit all payments received under this
part;
‘‘(2) use amounts in the trust fund (including
interest) during a period not to exceed 3 years from
the date the grant award is made to the State or
specially qualified unit;
‘‘(3) designate an official of the State or spe-
cially qualified unit to submit reports as the Attor-
ney General reasonably requires, in addition to the
annual reports required under this part; and
‘‘(4) spend the funds only for the purposes
under section 1801(b).
‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro-
vided, the administrative provisions of part H shall apply
to this part and for purposes of this section any reference
in such provisions to title I shall be deemed to include
a reference to this part.
‘‘SEC. 299HHH. DEFINITIONS.
‘‘For purposes of this part:
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‘‘(4) The term ‘juvenile’ means an individual
who is 17 years of age or younger.
‘‘(5) The term ‘law enforcement expenditures’
means the expenditures associated with prosecu-
torial, legal, and judicial services, and corrections as
reported to the Bureau of the Census for the fiscal
year preceding the fiscal year for which a determina-
tion is made under this part.
‘‘(6) The term ‘part 1 violent crimes’ means
murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of
the Uniform Crime Reports.
‘‘SEC. 299III. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part—
‘‘(1) $500,000,000 for fiscal year 2002;
‘‘(2) $500,000,000 for fiscal year 2003; and
‘‘(3) $500,000,000 for fiscal year 2004.
‘‘(b) OVERSIGHT ACCOUNTABILITY
AND ADMINIS-
TRATION.—Not more than 3 percent of the amount au-
thorized to be appropriated under subsection (a), with
such amounts to remain available until expended, for each
of the fiscal years 2002 through 2004 shall be available
to the Administrator for evaluation and research regard-
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ing the overall effectiveness and efficiency of the provi-
sions of this part, assuring compliance with the provisions
of this part, and for administrative costs to carry out the
purposes of this part. The Administrator shall establish
and execute an oversight plan for monitoring the activities
of grant recipients.
‘‘(c) FUNDING SOURCE.—Appropriations for activi-
ties authorized in this part may be made from the Violent
Crime Reduction Trust Fund.’’.
SEC. 10203. INCREASE IN FUNDING FOR TITLE III OF THE
JJDPA.
There 
are 
authorized 
to 
be 
appropriated
$120,000,000 for fiscal year 2002 to carry out the Run-
away and Homeless Youth Act (42 U.S.C. 5701 et seq.)
of which $100,000,000 shall be for the Basic Centers and
Transitional Living Program and $20,000,000 shall be for
the Sexual Abuse Prevention Program.
SEC. 10204. FUNDING FOR THE SERVICES FOR YOUTHFUL
OFFENDERS.
There is authorized to be appropriated $40,000,000
for fiscal year 2002 to carry out section 520D of title V
of the Public Health Service Act (42 U.S.C. 290bb–35).
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SEC. 10205. AUTHORIZATION FOR THE JUVENILE JUSTICE
AND DELINQUENCY PREVENTION ACT OF
1974.
Title I of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended
by adding at the end the following:
‘‘SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this Act such sums as necessary for each of fiscal years
2002 through 2006.’’.
TITLE XI—SAFE START—GUN
SAFETY
Subtitle A—Closing the Gun Show
Loophole
SEC. 11001. EXTENSION OF BRADY BACKGROUND CHECKS
TO GUN SHOWS.
(a) FINDINGS.—Congress finds that—
(1) more than 4,400 traditional gun shows are
held annually across the United States, attracting
thousands of attendees per show and hundreds of
Federal firearms licensees and nonlicensed firearms
sellers;
(2) traditional gun shows, as well as flea mar-
kets and other organized events, at which a large
number of firearms are offered for sale by Federal
firearms licensees and nonlicensed firearms sellers,
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form a significant part of the national firearms mar-
ket;
(3) firearms and ammunition that are exhibited
or offered for sale or exchange at gun shows, flea
markets, and other organized events move easily in
and substantially affect interstate commerce;
(4) even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or
other organized event, the gun, its component parts,
ammunition, and the raw materials from which it is
manufactured have moved in interstate commerce;
(5) gun shows, flea markets, and other orga-
nized events at which firearms are exhibited or of-
fered for sale or exchange, provide a convenient and
centralized commercial location at which firearms
may be bought and sold anonymously, often without
background checks and without records that enable
gun tracing;
(6) at gun shows, flea markets, and other orga-
nized events at which guns are exhibited or offered
for sale or exchange, criminals and other prohibited
persons obtain guns without background checks and
frequently use guns that cannot be traced to later
commit crimes;
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(7) many persons who buy and sell firearms at
gun shows, flea markets, and other organized events
cross State lines to attend these events and engage
in the interstate transportation of firearms obtained
at these events;
(8) gun violence is a pervasive, national prob-
lem that is exacerbated by the availability of guns at
gun shows, flea markets, and other organized events;
(9) firearms associated with gun shows have
been transferred illegally to residents of other States
by Federal firearms licensees and nonlicensed fire-
arms sellers, and have been involved in subsequent
crimes including drug offenses, crimes of violence,
property crimes, and illegal possession of firearms by
felons and other prohibited persons; and
(10) Congress has the power, under the inter-
state commerce clause and other provisions of the
Constitution of the United States, to ensure that
criminals and other prohibited persons do not obtain
firearms at gun shows, flea markets, and other orga-
nized events.
(b) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
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‘‘(35) GUN SHOW.—The term ‘gun show’ means any
event at which 50 or more firearms are offered or exhib-
ited for sale, transfer, or exchange, if 1 or more of the
firearms has been shipped or transported in, or otherwise
affects, interstate or foreign commerce.
‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show
promoter’ means any person who organizes, plans, pro-
motes, or operates a gun show.
‘‘(37) GUN SHOW VENDOR.—The term ‘gun show
vendor’ means any person who exhibits, sells, offers for
sale, transfers, or exchanges 1 or more firearms at a gun
show, regardless of whether or not the person arranges
with the gun show promoter for a fixed location from
which to exhibit, sell, offer for sale, transfer, or exchange
1 or more firearms.’’.
(c) REGULATION OF FIREARMS TRANSFERS AT GUN
SHOWS.—
(1) IN
GENERAL.—Chapter 44 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 931. Regulation of firearms transfers at gun shows
‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—
It shall be unlawful for any person to organize, plan, pro-
mote, or operate a gun show unless that person—
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‘‘(1) registers with the Secretary in accordance
with regulations promulgated by the Secretary; and
‘‘(2) pays a registration fee, in an amount de-
termined by the Secretary.
‘‘(b) RESPONSIBILITIES
OF
GUN
SHOW
PRO-
MOTERS.—It shall be unlawful for any person to organize,
plan, promote, or operate a gun show unless that person—
‘‘(1) before commencement of the gun show,
verifies the identity of each gun show vendor partici-
pating in the gun show by examining a valid identi-
fication document (as defined in section 1028(d)(2))
of the vendor containing a photograph of the vendor;
‘‘(2) before commencement of the gun show, re-
quires each gun show vendor to sign—
‘‘(A) a ledger with identifying information
concerning the vendor; and
‘‘(B) a notice advising the vendor of the
obligations of the vendor under this chapter;
‘‘(3) notifies each person who attends the gun
show of the requirements of this chapter, in accord-
ance with such regulations as the Secretary shall
prescribe; and
‘‘(4) maintains a copy of the records described
in paragraphs (1) and (2) at the permanent place of
business of the gun show promoter for such period
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of time and in such form as the Secretary shall re-
quire by regulation.
‘‘(c) RESPONSIBILITIES
OF TRANSFERORS OTHER
THAN LICENSEES.—
‘‘(1) IN GENERAL.—If any part of a firearm
transaction takes place at a gun show, it shall be
unlawful for any person who is not licensed under
this chapter to transfer a firearm to another person
who is not licensed under this chapter, unless the
firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accord-
ance with subsection (e).
‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per-
son who is subject to the requirement of paragraph
(1)—
‘‘(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which
the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(A); and
‘‘(B) notwithstanding subparagraph (A),
shall not transfer the firearm to the transferee
if the licensed importer, licensed manufacturer,
or licensed dealer through which the transfer is
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made under subsection (e) makes the notifica-
tion described in subsection (e)(3)(B).
‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE-
MENTS.—Nothing in this section shall permit or au-
thorize the Secretary to impose recordkeeping re-
quirements on any nonlicensed vendor.
‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER
THAN LICENSEES.—
‘‘(1) IN GENERAL.—If any part of a firearm
transaction takes place at a gun show, it shall be
unlawful for any person who is not licensed under
this chapter to receive a firearm from another per-
son who is not licensed under this chapter, unless
the firearm is transferred through a licensed im-
porter, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per-
son who is subject to the requirement of paragraph
(1)—
‘‘(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which
the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(A); and
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‘‘(B) notwithstanding subparagraph (A),
shall not receive the firearm from the transferor
if the licensed importer, licensed manufacturer,
or licensed dealer through which the transfer is
made under subsection (e) makes the notifica-
tion described in subsection (e)(3)(B).
‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed
importer, licensed manufacturer, or licensed dealer who
agrees to assist a person who is not licensed under this
chapter in carrying out the responsibilities of that person
under subsection (c) or (d) with respect to the transfer
of a firearm shall—
‘‘(1) enter such information about the firearm
as the Secretary may require by regulation into a
separate bound record;
‘‘(2) record the transfer on a form specified by
the Secretary;
‘‘(3) comply with section 922(t) as if transfer-
ring the firearm from the inventory of the licensed
importer, licensed manufacturer, or licensed dealer
to the designated transferee (although a licensed im-
porter, licensed manufacturer, or licensed dealer
complying with this subsection shall not be required
to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
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transferor), and notify the nonlicensed transferor
and the nonlicensed transferee—
‘‘(A) of such compliance; and
‘‘(B) if the transfer is subject to the re-
quirements of section 922(t)(1), of any receipt
by the licensed importer, licensed manufacturer,
or licensed dealer of a notification from the na-
tional instant criminal background check sys-
tem that the transfer would violate section 922
or would violate State law;
‘‘(4) not later than 10 days after the date on
which the transfer occurs, submit to the Secretary a
report of the transfer, which report—
‘‘(A) shall be on a form specified by the
Secretary by regulation; and
‘‘(B) shall not include the name of or other
identifying information relating to any person
involved in the transfer who is not licensed
under this chapter;
‘‘(5) if the licensed importer, licensed manufac-
turer, or licensed dealer assists a person other than
a licensee in transferring, at 1 time or during any
5 consecutive business days, 2 or more pistols or re-
volvers, or any combination of pistols and revolvers
totaling 2 or more, to the same nonlicensed person,
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in addition to the reports required under paragraph
(4), prepare a report of the multiple transfers, which
report shall be—
‘‘(A) prepared on a form specified by the
Secretary; and
‘‘(B) not later than the close of business
on the date on which the transfer occurs, for-
warded to—
‘‘(i) the office specified on the form
described in subparagraph (A); and
‘‘(ii) the appropriate State law en-
forcement agency of the jurisdiction in
which the transfer occurs; and
‘‘(6) retain a record of the transfer as part of
the permanent business records of the licensed im-
porter, licensed manufacturer, or licensed dealer.
‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any
part of a firearm transaction takes place at a gun show,
each licensed importer, licensed manufacturer, and li-
censed dealer who transfers 1 or more firearms to a person
who is not licensed under this chapter shall, not later than
10 days after the date on which the transfer occurs, sub-
mit to the Secretary a report of the transfer, which
report—
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‘‘(1) shall be in a form specified by the Sec-
retary by regulation;
‘‘(2) shall not include the name of or other
identifying information relating to the transferee;
and
‘‘(3) shall not duplicate information provided in
any report required under subsection (e)(4).
‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec-
tion, the term ‘firearm transaction’—
‘‘(1) includes the offer for sale, sale, transfer,
or exchange of a firearm; and
‘‘(2) does not include the mere exhibition of a
firearm.’’.
(2) PENALTIES.—Section 924(a) of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(7)(A) Whoever knowingly violates section 931(a)
shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(B) Whoever knowingly violates subsection (b) or (c)
of section 931, shall be—
‘‘(i) fined under this title, imprisoned not more
than 2 years, or both; and
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‘‘(ii) in the case of a second or subsequent con-
viction, fined under this title, imprisoned not more
than 5 years, or both.
‘‘(C) Whoever willfully violates section 931(d), shall
be—
‘‘(i) fined under this title, imprisoned not more
than 2 years, or both; and
‘‘(ii) in the case of a second or subsequent con-
viction, fined under this title, imprisoned not more
than 5 years, or both.
‘‘(D) Whoever knowingly violates subsection (e) or (f)
of section 931 shall be fined under this title, imprisoned
not more than 5 years, or both.
‘‘(E) In addition to any other penalties imposed
under this paragraph, the Secretary may, with respect to
any person who knowingly violates any provision of section
931—
‘‘(i) if the person is registered pursuant to sec-
tion 931(a), after notice and opportunity for a hear-
ing, suspend for not more than 6 months or revoke
the registration of that person under section 931(a);
and
‘‘(ii) impose a civil fine in an amount equal to
not more than $10,000.’’.
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(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Chapter 44 of title 18, United States
Code, is amended—
(A) in the chapter analysis, by adding at
the end the following:
‘‘931. Regulation of firearms transfers at gun shows.’’;
and
(B) in the first sentence of section 923(j),
by striking ‘‘a gun show or event’’ and inserting
‘‘an event’’.
(d) INSPECTION AUTHORITY.—Section 923(g)(1) is
amended by adding at the end the following:
‘‘(E) Notwithstanding subparagraph (B), the Sec-
retary may enter during business hours the place of busi-
ness of any gun show promoter and any place where a
gun show is held for the purposes of examining the records
required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry
and examination shall be conducted for the purposes of
determining compliance with this chapter by gun show
promoters and licensees conducting business at the gun
show and shall not require a showing of reasonable cause
or a warrant.’’.
(e) INCREASED PENALTIES FOR SERIOUS RECORD-
KEEPING VIOLATIONS BY LICENSEES.—Section 924(a) of
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title 18, United States Code, is amended by striking para-
graph (3) and inserting the following:
‘‘(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer,
or licensed collector who knowingly makes any false state-
ment or representation with respect to the information re-
quired by this chapter to be kept in the records of a person
licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(B) If the violation described in subparagraph (A)
is in relation to an offense—
‘‘(i) under paragraph (1) or (3) of section
922(b), such person shall be fined under this title,
imprisoned not more than 5 years, or both; or
‘‘(ii) under subsection (a)(6) or (d) of section
922, such person shall be fined under this title, im-
prisoned not more than 10 years, or both.’’.
(f) INCREASED PENALTIES
FOR VIOLATIONS
OF
CRIMINAL BACKGROUND CHECK REQUIREMENTS.—
(1) PENALTIES.—Section 924(a) of title 18,
United States Code (as amended by subsection (c)),
is amended—
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(A) in paragraph (5), by striking ‘‘sub-
section (s) or (t) of section 922’’ and inserting
‘‘section 922(s)’’; and
(B) by adding at the end the following:
‘‘(8) Whoever knowingly violates section 922(t) shall
be fined under this title, imprisoned not more than 5
years, or both.’’.
(2) ELIMINATION OF CERTAIN ELEMENTS OF
OFFENSE.—Section 922(t)(5) of title 18, United
States Code, is amended by striking ‘‘and, at the
time’’ and all that follows through ‘‘State law’’.
(g) GUN OWNER PRIVACY
AND PREVENTION
OF
FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section
922(t)(2)(C) of title 18, United States Code, is amended
by inserting before the period at the end ‘‘, as soon as
possible, consistent with the responsibility of the Attorney
General under section 103(h) of the Brady Handgun Vio-
lence Prevention Act (18 U.S.C. 922 note) to ensure the
privacy and security of the system and to prevent system
fraud and abuse, but in no event later than 90 days after
the date on which the licensee first contacts the system
with respect to the transfer’’.
(h) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after
the date of enactment of this Act.
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Subtitle B—Child Safety Locks
SEC. 11101. REQUIREMENT OF CHILD HANDGUN SAFETY
LOCKS.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code (as amended by section 11001), is amended
by adding at the end the following:
‘‘(38) LOCKING DEVICE.—The term ‘locking de-
vice’ means a device or locking mechanism that is
approved by a licensed firearms manufacturer for
use on the handgun with which the device or locking
mechanism is sold, delivered, or transferred and
that—
‘‘(A) if installed on a firearm and secured
by means of a key or a mechanically, electroni-
cally, or electromechanically operated combina-
tion lock, is designed to prevent the firearm
from being discharged without first deactivating
or removing the device by means of a key or
mechanically, 
electronically, 
or
electromechanically operated combination lock;
‘‘(B) if incorporated into the design of a
firearm, is designed to prevent discharge of the
firearm by any person who does not have access
to the key or other device designed to unlock