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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Safety and
Youth Violence Prevention Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this bill is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—JUVENILE JUSTICE REFORM
Sec. 101. Delinquency proceedings or criminal prosecutions in district courts.
Sec. 102. Custody prior to appearance before judicial officer.
Sec. 103. Technical and conforming amendments to section 5034.
Sec. 104. Detention prior to disposition or sentencing.
Sec. 105. Speedy trial.
Sec. 106. Disposition; availability of increased detention, fines and supervised
release for juvenile offenders.
Sec. 107. Juvenile records and fingerprinting.
Sec. 108. Technical amendments of sections 5031 and 5034.
Sec. 109. Clerical amendments to table of sections for chapter 403.
TITLE II—EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS
LAWS
Sec. 201. Armed criminal apprehension program.
Sec. 202. Annual reports.
Sec. 203. Authorization of appropriations.
Sec. 204. Cross-designation of Federal prosecutors.
TITLE III—LIMITING JUVENILE ACCESS TO FIREARMS AND
EXPLOSIVES
Sec. 301. Gun storage and safety devices for firearms.
Sec. 302. Increased penalties for unlawful juvenile possession of firearms.
Sec. 303. Increased penalties and mandatory minimum sentence for unlawful
transfer of firearm to juvenile.
Sec. 304. Prohibiting juveniles from possessing assault weapons.
Sec. 305. Responsibility of adults for death and injury caused by child access
to firearms.
Sec. 306. Prohibiting possession of explosives by juveniles and young adults.
TITLE IV—PREVENTING CRIMINAL ACCESS TO FIREARMS AND
EXPLOSIVES
Sec. 401. Mandatory background checks at gun shows.
Sec. 402. Instant check gun tax and gun owner privacy.
Sec. 403. Prohibition on firearms possession by violent juvenile offenders.
Sec. 404. Criminal prohibition on distribution of certain information relating to
explosives, destructive devices, and weapons of mass destruc-
tion.
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 com-
mit a crime of violence or drug trafficking crime.
Sec. 505. Increased penalties for misrepresented firearms purchase in aid of a
serious violent felony.
Sec. 506. Increasing penalties on gun kingpins.
Sec. 507. Serious recordkeeping offenses that aid gun trafficking.
Sec. 508. Termination of firearms dealer’s license upon felony conviction.
Sec. 509. Increased penalty for transactions involving firearms with obliterated
serial numbers.
Sec. 510. Forfeiture for gun trafficking.
Sec. 511. Increased penalty for firearms conspiracy.
Sec. 512. Gun convictions as predicate crimes for Armed Career Criminal Act.
Sec. 513. Serious juvenile drug trafficking offenses as Armed Career Criminal
Act predicates.
Sec. 514. Forfeiture of firearms used in crimes of violence and felonies.
Sec. 515. Separate licenses for gunsmiths.
Sec. 516. Permits and background checks for purchases of explosives.
Sec. 517. Persons prohibited from receiving or possessing explosives.
TITLE VI—PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING
TO MINORS
Sec. 601. Increased mandatory minimum penalties for using minors to dis-
tribute drugs.
Sec. 602. Increased mandatory minimum penalties for distributing drugs to mi-
nors.
Sec. 603. Increased mandatory minimum penalties for drug trafficking in or
near a school or other protected location.
Sec. 604. Criminal street gangs.
Sec. 605. Increase in offense level for participation in crime as a gang member.
Sec. 606. Interstate and foreign travel or transportation in aid of criminal
gangs.
Sec. 607. Gang-related witness intimidation and retaliation.
TITLE I—JUVENILE JUSTICE
REFORM
SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency may be surrendered to State or Indian tribal au-
thorities, but if not so surrendered, shall be proceeded
against as a juvenile under this subsection or tried as an
adult in the circumstances described in subsections (b)
and (c).
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if—
‘‘(A) the alleged offense or act of juvenile delin-
quency is committed within the special maritime and
territorial jurisdiction of the United States and is
one for which the maximum authorized term of im-
prisonment does not exceed 6 months; or
‘‘(B) the Attorney General, after investigation,
certifies to the appropriate United States district
court that—
‘‘(i) the juvenile court or other appropriate
court of a State or Indian tribe does not have
jurisdiction or declines to assume jurisdiction
over the juvenile with respect to the alleged act
of juvenile delinquency, or
‘‘(ii) there is a substantial Federal interest
in the case or the offense to warrant the exer-
cise of Federal jurisdiction.
‘‘(3) If the Attorney General does not so certify or
does not have authority to try such juvenile as an adult,
such juvenile shall be surrendered to the appropriate legal
authorities of such State or tribe.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is proceeded against as a juvenile
under this section, any proceedings against the juvenile
shall be in an appropriate district court of the United
States. For such purposes, the court may be convened at
any time and place within the district, and shall be open
to the public, except that the court may exclude all or
some members of the public, other than a victim unless
the victim is a witness in the determination of guilt or
innocence, if required by the interests of justice or if other
good cause is shown. The Attorney General shall proceed
by information or as authorized by section 3401(g) of this
title, and no criminal prosecution shall be instituted except
as provided in this chapter.
‘‘(b)(1) Except as provided in paragraph (2), a juve-
nile shall be prosecuted as an adult—
‘‘(A) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(B) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 14 years
which if committed by an adult would be a serious
violent felony or a serious drug offense described in
section 3559(c) of this title, or a conspiracy or at-
tempt to commit that felony or offense, which is
punishable under section 406 of the Controlled Sub-
stances Act (21 U.S.C. 846), or section 1013 of the
Controlled Substances Import and Export Act (21
U.S.C. 963).
‘‘(2) The requirements of paragraph (1) do not apply
if the Attorney General certifies to the appropriate United
States district court that the interests of public safety are
best served by proceeding against the juvenile as a juve-
nile.
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act after
the juvenile has attained the age of 13 years which if com-
mitted by a juvenile after the juvenile attained the age
of 14 years would require that the juvenile be prosecuted
as an adult under subsection (b), upon approval of the
Attorney General.
‘‘(2) The Attorney General shall not delegate the au-
thority to give the approval required under paragraph (1)
to an officer or employee of the Department of Justice
at a level lower than a Deputy Assistant Attorney General.
‘‘(3) Such approval shall not be granted, with respect
to a juvenile who has not attained the age of 14 and who
is subject to the criminal jurisdiction of an Indian tribal
government and who is alleged to have committed an act
over which, if committed by an adult, there would be Fed-
eral jurisdiction based solely on its commission in Indian
country (as defined in section 1151), unless the governing
body of the tribe having jurisdiction over the place in
which the alleged act was committed has before such act
notified the Attorney General in writing of its election that
prosecution may take place under this subsection.
‘‘(4) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act which
is not described in subsection (b)(1)(B) after the juvenile
has attained the age of 14 years and which if committed
by an adult would be—
‘‘(A) a crime of violence (as defined in sec-
tion 3156(a)(4)) that is a felony;
‘‘(B) an offense described in section
844(d), (k), or (l), or subsection (a)(4) or (6),
(b), (g), (h), (j), (k), or (l) of section 924;
‘‘(C) a violation of section 922(o) that is
an offense under section 924(a)(2);
‘‘(D) a violation of section 5861 of the In-
ternal Revenue Code of 1986 that is an offense
under section 5871 of such Code (26 U.S.C.
5871);
‘‘(E) a conspiracy to commit an offense de-
scribed in any of subparagraphs (A) through
(D); or
‘‘(F) an offense described in section 401 or
408 of the Controlled Substances Act (21
U.S.C. 841, 848) or a conspiracy or attempt to
commit that offense which is punishable under
section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable
under section 409 or 419 of the Controlled Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952, 953, 955, or 959), or
a conspiracy or attempt to commit that offense
which is punishable under section 1013 of the
Controlled Substances Import and Export Act
(21 U.S.C. 963).
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c), and a determination to file or not to
file, and the contents of, a certification under subsection
(a) or (b) shall not be reviewable in any court.
‘‘(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for
any other offense which is properly joined under the Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.
‘‘(f) The Attorney General shall annually report to
Congress—
‘‘(1) the number of juveniles adjudicated delin-
quent or tried as adults in Federal court;
‘‘(2) the race, ethnicity, and gender of those ju-
veniles;
‘‘(3) the number of those juveniles who were
abused or neglected by their families, to the extent
such information is available; and
‘‘(4) the number and types of assault crimes,
such as rapes and beatings, committed against juve-
niles while incarcerated in connection with the adju-
dication or conviction.
‘‘(g) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted by an adult, a federally recognized tribe; and
‘‘(2) the term ‘serious violent felony’ has the
same 
meaning 
given 
that 
term 
in 
section
3559(c)(2)(F)(i).’’.
SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile’s rights, in language comprehensible to a juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian of such custody, of the rights of the juvenile, and
of the nature of the alleged offense.
‘‘(b) The juvenile shall be taken before a judicial offi-
cer without unreasonable delay.’’.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(1) by striking ‘‘The’’ each place it appears at
the beginning of a paragraph and inserting ‘‘the’’;
(2) by striking ‘‘If’’ at the beginning of the 3rd
paragraph and inserting ‘‘if’’;
(3)(A) by designating the 3 paragraphs as
paragraphs (1), (2), and (3), respectively; and
(B) by moving such designated paragraphs 2
ems to the right; and
(4) by inserting at the beginning of such section
before those paragraphs the following:
‘‘In a proceeding under section 5032(a)—’’.
SEC. 104. DETENTION PRIOR TO DISPOSITION OR SEN-
TENCING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a) A juvenile alleged to be delinquent or a juvenile
being prosecuted as an adult, if detained at any time prior
to sentencing, shall be detained in such suitable place as
the Attorney General may designate. Whenever appro-
priate, detention shall be in a foster home or community
based facility. Preference shall be given to a place located
within, or within a reasonable distance of, the district in
which the juvenile is being prosecuted.
‘‘(b) To the maximum extent feasible, a juvenile pros-
ecuted pursuant to subsection (b) or (c) of section 5032
shall not be detained prior to sentencing in any facility
in which the juvenile has regular contact with adult per-
sons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) A juvenile who is proceeded against under sec-
tion 5032(a) shall not be detained prior to disposition in
any facility in which the juvenile has regular contact with
adult persons convicted of a crime or awaiting trial on
criminal charges.
‘‘(d) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
SEC. 105. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘45’’; and
(3) striking ‘‘the court,’’ and all that follows
through the end of the section and inserting ‘‘the
court. The periods of exclusion under section
3161(h) of this title shall apply to this section.’’.
SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a), if the
court finds a juvenile to be a juvenile delinquent, the court
shall hold a hearing concerning the appropriate disposition
of the juvenile no later than 40 court days after the find-
ing of juvenile delinquency, unless the court has ordered
further study pursuant to subsection (e). A predisposition
report shall be prepared by the probation officer who shall
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the Government. Victim im-
pact information shall be included in the report, and vic-
tims, or in appropriate cases their official representatives,
shall be provided the opportunity to make a statement to
the court in person or present any information in relation
to the disposition. After the dispositional hearing, and
after considering the sanctions recommended pursuant to
subsection (f), the court shall impose an appropriate sanc-
tion, including the ordering of restitution pursuant to sec-
tion 3556 of this title. The court may order the juvenile’s
parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and
may issue orders directed to such parent, guardian, custo-
dian regarding conduct with respect to the juvenile. With
respect to release or detention pending an appeal or a peti-
tion for a writ of certiorari after disposition, the court
shall proceed pursuant to chapter 207.
‘‘(b) The term for which probation may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the maximum term that would be author-
ized by section 3561(c) if the juvenile had been tried and
convicted as an adult. Sections 3563, 3564, and 3565 are
applicable to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried
and convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twen-
ty-six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond 5 years. Subsections (c) through
(i) of section 3583 apply to an order placing a juvenile
on supervised release.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent,
it may commit the juvenile, after notice and hearing at
which the juvenile is represented by counsel, to the custody
of the Attorney General for observation and study by an
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a study
of all matters relevant to the alleged or adjudicated delin-
quent behavior and the court’s inquiry. The Attorney Gen-
eral shall submit to the court and the attorneys for the
juvenile and the Government the results of the study with-
in 30 days after the commitment of the juvenile, unless
the court grants additional time. Time spent in custody
under this subsection shall be excluded for purposes of sec-
tion 5036.
‘‘(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
‘‘(2) Such list shall—
‘‘(A) be comprehensive in nature and encom-
pass punishments of varying levels of severity;
‘‘(B) include terms of confinement; and
‘‘(C) provide punishments that escalate in se-
verity with each additional or subsequent more seri-
ous delinquent conduct.’’.
(b) EFFECTIVE DATE.—The Sentencing Commission
shall develop the list required pursuant to section 5037(f),
as amended by subsection (a), not later than 180 days
after the date of the enactment of this Act.
(c) CONFORMING AMENDMENT
TO ADULT SEN-
TENCING SECTION.—Section 3553 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN CERTAIN PROSECUTIONS
OF PERSONS
UNDER THE AGE OF 16.—Notwithstanding any other pro-
vision of law, in the case of a defendant convicted for con-
duct that occurred before the juvenile attained the age of
16 years, the court shall impose a sentence without regard
to any statutory minimum sentence, if the court finds at
sentencing, after affording the Government an opportunity
to make a recommendation, that the juvenile has not been
previously adjudicated delinquent for or convicted of an
offense described in section 5032(b)(1)(B).’’.
SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5038. Juvenile records and fingerprinting
‘‘(a)(1) Throughout and upon the completion of the
juvenile delinquency proceeding under section 5032(a), the
court shall keep a record relating to the arrest and adju-
dication that is—
‘‘(A) equivalent to the record that would be
kept of an adult arrest and conviction for such an
offense; and
‘‘(B) retained for a period of time that is equal
to the period of time records are kept for adult con-
victions.
‘‘(2) Such records shall be made available for official
purposes, including communications with any victim or, in
the case of a deceased victim, such victim’s representative,
or school officials, and to the public to the same extent
as court records regarding the criminal prosecutions of
adults are available.
‘‘(b) The Attorney General shall establish guidelines
for fingerprinting and photographing a juvenile who is the
subject of any proceeding authorized under this chapter.
Such guidelines shall address the availability of pictures
of any juvenile taken into custody but not prosecuted as
an adult. Fingerprints and photographs of a juvenile who
is prosecuted as an adult shall be made available in the
manner applicable to adult offenders.
‘‘(c) Whenever a juvenile has been adjudicated delin-
quent for an act that, if committed by an adult, would
be a felony or for a violation of section 924(a)(6), the
court shall transmit to the Federal Bureau of Investiga-
tion the information concerning the adjudication, includ-
ing name, date of adjudication, court, offenses, and sen-
tence, along with the notation that the matter was a juve-
nile adjudication.
‘‘(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
SEC. 108. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) ELIMINATION
OF PRONOUNS.—Sections 5031
and 5034 of title 18, United States Code, are each amend-
ed by striking ‘‘his’’ each place it appears and inserting
‘‘the juvenile’s’’.
(b) UPDATING OF REFERENCE.—Section 5034 of
title 18, United States Code, is amended—
(1) in the heading of such section, by striking
‘‘magistrate’’ and inserting ‘‘judicial officer’’;
and
(2) by striking ‘‘magistrate’’ each place it ap-
pears and inserting ‘‘judicial officer’’.
SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER 403.
The heading and the table of sections at the begin-
ning of chapter 403 of title 18, United States Code, is
amended to read as follows:
‘‘CHAPTER 403—JUVENILE DELINQUENCY
‘‘Sec.
‘‘5031. Definitions.
‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.
‘‘5033. Custody prior to appearance before judicial officer.
‘‘5034. Duties of judicial officer.
‘‘5035. Detention prior to disposition or sentencing.
‘‘5036. Speedy trial.
‘‘5037. Disposition.
‘‘5038. Juvenile records and fingerprinting.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE II—EFFECTIVE ENFORCE-
MENT 
OF 
FEDERAL 
FIRE-
ARMS LAWS
SEC. 201. ARMED CRIMINAL APPREHENSION PROGRAM.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Attorney General shall
establish in the office of each United States Attorney a
program that meets the requirements of subsections (b)
and (c). The program shall be known as the ‘‘Armed
Criminal Apprehension Program’’.
(b) PROGRAM REQUIREMENTS.—In the office of each
United States Attorney, the program established under
subsection (a) shall—
(1) provide for coordination with State and
local law enforcement officials in the identification of
violations of Federal firearms laws;
(2) provide for the establishment of agreements
with State and local law enforcement officials for the
referral to the Bureau of Alcohol, Tobacco, and
Firearms and the United States Attorney for pros-
ecution of persons arrested for violations of chapter
44 of title 18, United States Code, or section
5861(d) or 5861(h) of the Internal Revenue Code of
1986, relating to firearms;
(3) require that the United States Attorney
designate not less than 1 Assistant United States
Attorney to prosecute violations of Federal firearms
laws;
(4) provide for the hiring of agents for the Bu-
reau of Alcohol, Tobacco, and Firearms to inves-
tigate violations of the provisions referred to in
paragraph (2); and
(5) ensure that each person referred to the
United States Attorney under paragraph (2) be
charged with a violation of the most serious Federal
firearm offense consistent with the act committed.
(c) PUBLIC EDUCATION CAMPAIGN.—As part of the
program, each United States Attorney shall carry out, in
cooperation with local civic, community, law enforcement,
and religious organizations, an extensive media and public
outreach campaign focused in high-crime areas to—
(1) educate the public about the severity of pen-
alties for violations of Federal firearms laws; and
(2) encourage law-abiding citizens to report the
possession of illegal firearms to authorities.
(d) WAIVER AUTHORITY.—
(1) REQUEST FOR WAIVER.—A United States
attorney may request the Attorney General to waive
the requirements of subsection (b) with respect to
the United States attorney.
(2) PROVISION
OF
WAIVER.—The Attorney
General may waive the requirements of subsection
(b) pursuant to a request made under paragraph
(1), in accordance with guidelines which shall be es-
tablished by the Attorney General. In establishing
the guidelines, the Attorney General shall take into
consideration the number of assistant United States
attorneys in the office of the United States attorney
making the request and the level of violent youth
crime committed in the district for which the United
States attorney is appointed.
SEC. 202. ANNUAL REPORTS.
Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Attorney General
shall submit to the Committees on the Judiciary of Senate
and House of Representatives a report containing the fol-
lowing information:
(1) The number of Assistant United States At-
torneys deisgnated under the program under section
201 and cross-deisgnated under section 204 during
the year preceding the year in which the report is
submitted in order to prosecute violations of Federal
firearms laws in Federal court.
(2) The number of individuals indicted for such
violations during that year by reason of the pro-
gram.
(3) The increase or decrease in the number of
individuals indicted for such violations during that
year by reason of the program when compared with
the year preceding that year.
(4) The number of individuals held without
bond in anticipation of prosecution by reason of the
program.
(5) The average length of prison sentence of the
individuals convicted of violations of Federal fire-
arms laws by reason of the program.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out the pro-
gram under section 201 $50,000,000 for fiscal year 2000,
of which—
(1) $40,000,000 shall be used for salaries and
expenses of Assistant United States Attorneys and
Bureau of Alcohol, Tobacco, and Firearms agents;
and
(2) $10,000,000 shall be available for the public
relations campaign required by subsection (c) of that
section.
(b) USE OF FUNDS.—
(1) The Assistant United States Attorneys
hired using amounts appropriated pursuant to the
authorization of appropriations in subsection (a)
shall prosecute violations of Federal firearms laws in
accordance with section 201(b)(3).
(2) The Bureau of Alcohol, Tobacco, and Fire-
arms agents hired using amounts appropriated pur-
suant to the authorization of appropriations in sub-
section (a) shall, to the maximum extent practicable,
concentrate their investigations on violations of Fed-
eral firearms laws in accordance with section
201(b)(4).
(3) It is the sense of Congress that amounts
made available under this section for the public edu-
cation campaign required by section 201(c) should,
to the maximum extent practicable, be matched with
State or local funds or private donations.
(c) AUTHORIZATION
OF ADDITIONAL APPROPRIA-
TIONS.—In addition to amounts made available under sub-
section (a), there is authorized to be appropriated to the
Administrative Office of the United States Courts such
sums as may be necessary to carry out this title.
SEC. 204. CROSS-DESIGNATION OF FEDERAL PROSECU-
TORS.
To better assist state and local law enforcement agen-
cies in the investigation and prosecution of firearms of-
fenses, each United States Attorney may cross-designate
one or more Assistant United States Attorneys to pros-
ecute firearms offenses under State law that are similar
to those listed in section 301(b)(2) in State and local
courts.
TITLE III—LIMITING JUVENILE
ACCESS TO FIREARMS AND
EXPLOSIVES
SEC. 301. GUN STORAGE AND SAFETY DEVICES FOR FIRE-
ARMS.
(a) UNLAWFUL ACTS.—
(1) MANDATORY
TRANSFER
OF
SECURE
GUN
STORAGE OR SAFETY DEVICE.—Section 922 of title
18, United States Code, is amended by inserting
after subsection (y) the following:
‘‘(z)(1) Except as provided in paragraph (2), it shall
be unlawful for any licensed manufacturer, licensed im-
porter, or licensed dealer to sell, deliver, or transfer any
handgun to any person other than any person licensed
under the provisions of this chapter, unless the licensee
provides the transferee with a secure gun storage or safety
device, as described in section 921(a)(34), for that hand-
gun.
‘‘(2) Paragraph (1) shall not apply to the—
‘‘(A)(i) manufacture for, transfer to, or posses-
sion by, the United States or a department or agen-
cy of the United States, or a State or a department,
agency, or political subdivision of a State, of a hand-
gun; or
‘‘(ii) transfer to, or possession by, a law en-
forcement officer employed by an entity referred to
in clause (i) of a handgun for law enforcement pur-
poses (whether on or off duty); or
‘‘(B) transfer to, or possession by, a rail police
officer employed by a rail carrier and certified or
commissioned as a police officer under the laws of
a State of a handgun for purposes of law enforce-
ment (whether on or off duty);
‘‘(C) transfer to any person of a handgun listed
as a curio or relic by the Secretary pursuant to sec-
tion 921(a)(13); or
‘‘(D) transfer to any person of a handgun for
which a secure gun storage or safety device is tem-
porarily unavailable for the reasons described in the
exceptions stated in section 923(e): Provided, That
the licensed manufacturer, licensed importer, or li-
censed dealer delivers to the transferee within 10
calendar days from the date of the delivery of the
handgun to the transferee a secure gun storage or
safety device for the handgun.
‘‘(3)(A) Notwithstanding any other provision of law,
a person who has lawful possession and control of a hand-
gun, and who uses a secure gun storage or safety device
with the handgun, shall be entitled to immunity from a
civil liability action as described in this paragraph.
‘‘(B) A qualified civil liability action may not be
brought in any Federal or State court. The term ‘qualified
civil liability action’ means a civil action brought by any
person against a person described in subparagraph (A) for
damages resulting from the criminal or unlawful misuse
of the handgun by a third party, where—
‘‘(i) the handgun was accessed by another per-
son who did not have the permission or authoriza-
tion of the person having lawful possession and con-
trol of the handgun to have access to it; and
‘‘(ii) at the time access was gained by the per-
son not so authorized, the handgun had been made
inoperable by use of a secure gun storage or safety
device.
A ‘qualified civil liability action’ shall not include an action
brought against the person having lawful possession and
control of the handgun for negligent entrustment or neg-
ligence per se.’’.
(b) CIVIL PENALTIES.—Section 924 of title 18,
United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘, or (p)’’
before ‘‘this section’’; and
(2) by adding at the end the following:
‘‘(p)(1)(A) With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer,
or licensed dealer, the Secretary may, after notice and op-
portunity for hearing—
‘‘(i) suspend for up to six months, or revoke,
the license issued to the licensee under this chapter
that was used to conduct the firearms transfer; or
‘‘(ii) impose on the licensee a civil penalty in an
amount equal to not more than $2,500.
‘‘(B) An action of the Secretary under this paragraph
may be reviewed only as provided in section 923(f).
‘‘(2) The suspension or revocation of a license or the
imposition of a civil penalty under paragraph (1) shall not
preclude any administrative remedy that is otherwise
available to the Secretary.’’.
(c) LIABILITY; EVIDENCE; RULE
OF CONSTRUC-
TION.—
(1) LIABILITY.—Nothing in the amendments
made by this section shall be construed to—
(A) create a cause of action against any
Federal firearms licensee or any other person
for any civil liability; or
(B) establish any standard of care.
(2) EVIDENCE.—Notwithstanding any other
provision of law, evidence regarding compliance or
noncompliance with the amendments made by this
section shall not be admissible as evidence in any
proceeding of any court, agency, board, or other en-
tity, except with respect to an action to enforce
paragraphs (1) and (2) of section 922(z) of title 18,
United States Code, or to give effect to section
922(z)(3) of such title.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to bar a governmental
action to impose a penalty under section 924(p) of
title 18, United States Code, for a failure to comply
with section 922(z) of such title.
(d) AMENDMENT TO DEFINITION OF SAFETY DE-
VICE.—Section 921(a)(34) of title 18, United States Code,
is amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (E);
(2) by striking ‘‘or’’ at the end of subparagraph
(B); and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) a device that, if removed, will prevent
the discharge of the firearm;
‘‘(D) a removable hammer or striker; or’’.
SEC. 302. INCREASED PENALTIES FOR UNLAWFUL JUVE-
NILE POSSESSION OF FIREARMS.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (4) by striking ‘‘Whoever’’ and
inserting ‘‘Except as provided in paragraph (6) of
this subsection, whoever’’; and
(2) by striking paragraph (6) and inserting the
following:
‘‘(6)(A) A juvenile who violates section 922(x) shall
be fined under this title, imprisoned not more than 1 year,
or both, except—
‘‘(i) the juvenile shall be fined under this title,
imprisoned not more than 5 years, or both, if—
‘‘(I) the offense of which the juvenile is
charged is a violation of section 922(x); and
‘‘(II) the violation was also with the intent
to possess the handgun, ammunition, large ca-
pacity ammunition feeding device, or semiauto-
matic assault weapon giving rise to the violation
in a school zone, or knowing that another juve-
nile intends to possess the handgun, ammuni-
tion, large capacity feeding device, or semiauto-
matic assault weapon giving rise to the violation
in a school zone;
‘‘(ii) the juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if—
‘‘(I) the offense of which the juvenile is
charged is a violation of section 922(x); and
‘‘(II) the violation was also with the intent
also to use the handgun, ammunition, large ca-
pacity ammunition feeding device, or semiauto-
matic assault weapon giving rise to the violation
in the commission of a violent felony, or know-
ing that another juvenile intends to use the
handgun, ammunition, large capacity ammuni-
tion feeding device, or semiautomatic assault
weapon giving rise to the violation in the com-
mission of a serious violent felony.
‘‘(B) For purposes of this paragraph, the term ‘seri-
ous violent felony’ has the meaning given the term in sec-
tion 3559(c)(2)(F).
‘‘(C) Except as otherwise provided in this chapter,
in any case in which a juvenile is prosecuted in a district
court of the United States, and the juvenile is subject to
penalties under subparagraph (A)(ii), the juvenile shall be
subject to the same laws, rules, and proceedings regarding
sentencing (including the availability of probation, restitu-
tion, fines, forfeiture, imprisonment, and supervised re-
lease) that would be applicable in the case of an adult.
No juvenile sentenced to a term of imprisonment shall be
released from custody simply because the juvenile attains
18 years of age.’’.
SEC. 303. INCREASED PENALTIES AND MANDATORY MIN-
IMUM SENTENCE FOR UNLAWFUL TRANSFER
OF FIREARM TO JUVENILE.
Section 924(a)(6) of title 18, United States Code, is
further amended by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively, and by
inserting after subparagraph (A) the following:
‘‘(B) A person other than a juvenile who knowingly
violates section 922(x)—
‘‘(i) shall be fined under this title, imprisoned
not more than 5 years, or both;
‘‘(ii) if the person violated section 922(x)(1)
knowing that a juvenile intended to possess the
handgun, ammunition, large capacity ammunition
feeding device, or semiautomatic assault weapon giv-
ing rise to the violation of section 922(x)(1) in a
school zone, shall be fined under this title and im-
prisoned not less than 3 years and not more than 20
years; and
‘‘(iii) if the person violated section 922(x)(1)
knowing that a juvenile intended to use the hand-
gun, ammunition, large capacity ammunition feeding
device, or semiautomatic assault weapon giving rise
to the violation of section 922(x)(1) in the commis-
sion of a serious violent felony, shall be imprisoned
not less than 10 years and not more than 20 years
and fined under this title.’’.
SEC. 304. PROHIBITING JUVENILES FROM POSSESSING AS-
SAULT WEAPONS.
Section 922(x) of title 18, United States Code, is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting a semicolon;
and
(C) by adding at the end the following:
‘‘(C) a semiautomatic assault weapon; or
‘‘(D) a large capacity ammunition feeding de-
vice.’’;
(2) in paragraph (2)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting a semicolon;
and
(C) by inserting at the end the following:
‘‘(C) a semiautomatic assault weapon; or
‘‘(D) a large capacity ammunition feeding
device.’’; and
(3) by striking paragraph (3) and inserting the
following:
‘‘(3) This subsection shall not apply to—
‘‘(A) a temporary transfer of a handgun, am-
munition, a large capacity ammunition feeding de-
vice, or a semiautomatic assault weapon to a juvenile
or to the temporary possession or use of a handgun,
ammunition, a large capacity ammunition feeding
device, or a semiautomatic assault weapon by a
juvenile—
‘‘(i) if the handgun, ammunition, large ca-
pacity ammunition feeding device, or semiauto-
matic assault weapon are possessed and used by
the juvenile—
‘‘(I) in the course of employment,
‘‘(II) in the course of ranching or
farming related to activities at the resi-
dence of the juvenile (or on property used
for ranching or farming at which the juve-
nile, with the permission of the property
owner or lessee, is performing activities re-
lated to the operation of the farm or
ranch),
‘‘(III) for target practice,
‘‘(IV) for hunting, or
‘‘(V) for a course of instruction in the
safe and lawful use of a firearm;
‘‘(ii) clause (i) shall apply only if the juve-
nile’s possession and use of a handgun, ammu-
nition, a large capacity ammunition feeding de-
vice, or a semiautomatic assault weapon under
this subparagraph are in accordance with State
and local law, and the following conditions are
met—
‘‘(I) except when a parent or guardian
of the juvenile is in the immediate and su-
pervisory presence of the juvenile, the juve-
nile shall have in the juvenile’s possession
at all times when a handgun, ammunition,
a large capacity ammunition feeding de-
vice, or a semiautomatic assault weapon is
in the possession of the juvenile, the prior
written consent of the juvenile’s parent or
guardian who is not prohibited by Federal,
State, or local law from possessing a fire-
arm or ammunition; and
‘‘(II)(aa) during transportation by the
juvenile directly from the place of transfer
to a place at which an activity described in
clause (i) is to take place the firearm shall
be unloaded and in a locked container or
case, and during the transportation by the
juvenile of that firearm, directly from the
place at which such an activity took place
to the transferor, the firearm shall also be
unloaded and in a locked container or case;
or
‘‘(bb) with respect to employment,
ranching or farming activities as described
in clause (i), a juvenile may possess and
use a handgun, ammunition, a large capac-
ity ammunition feeding device, or a semi-
automatic assault weapon with the prior
written approval of the juvenile’s parent or
legal guardian, if such approval is on file
with the adult who is not prohibited by
Federal, State, or local law from pos-
sessing a firearm or ammunition and that
person is directing the ranching or farming
activities of the juvenile;
‘‘(B) a juvenile who is a member of the Armed
Forces of the United States or the National Guard
who possesses or is armed with a handgun, ammuni-
tion, a large capacity ammunition feeding device, or
a semiautomatic assault weapon in the line of duty;
‘‘(C) a transfer by inheritance of title (but not
possession) of a handgun, ammunition, a large ca-
pacity ammunition feeding device, or a semiauto-
matic assault weapon to a juvenile; or
‘‘(D) the possession of a handgun, ammunition,
a large capacity ammunition feeding device, or a
semiautomatic assault weapon taken in lawful de-
fense of the juvenile or other persons in the resi-
dence of the juvenile or a residence in which the ju-
venile is an invited guest.
‘‘(4) A handgun, ammunition, a large capacity am-
munition feeding device, or a semiautomatic assault weap-
on, the possession of which is transferred to a juvenile in
circumstances in which the transferor is not in violation
of this subsection, shall not be subject to permanent con-
fiscation by the Government if its possession by the juve-
nile subsequently becomes unlawful because of the conduct
of the juvenile, but shall be returned to the lawful owner
when such handgun, ammunition, large capacity ammuni-
tion feeding device, or semiautomatic assault weapon is
no longer required by the Government for the purposes
of investigation or prosecution.
‘‘(5) For purposes of this subsection, the term ‘juve-
nile’ means a person who is less than 18 years of age.
‘‘(6)(A) In a prosecution of a violation of this sub-
section, the court shall require the presence of a juvenile
defendant’s parent or legal guardian at all proceedings.
‘‘(B) The court may use the contempt power to en-
force subparagraph (A).
‘‘(C) The court may excuse attendance of a parent
or legal guardian of a juvenile defendant at a proceeding
in a prosecution of a violation of this subsection for good
cause shown.
‘‘(7) For purposes of this subsection only, the term
‘large capacity ammunition feeding device’ has the same
meaning as in section 921(a)(31) of title 18 and includes
similar devices manufactured before the effective date of
the Violent Crime Control and Law Enforcement Act of
1994.’’.
SEC. 305. RESPONSIBILITY OF ADULTS FOR DEATH AND IN-
JURY CAUSED BY CHILD ACCESS TO FIRE-
ARMS.
Section 922 of title 18, United States Code, is further
amended by adding at the end the following:
‘‘(aa)(1) For purposes of this subsection, the term
‘juvenile’ means an individual who has not attained the
age of 18 years.
‘‘(2) Except as provided in paragraph (3), any person
who—
‘‘(A) keeps a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any one of
which has been shipped or transported in interstate
or foreign commerce, within any premises that is
under the custody or control of that person;
‘‘(B) knows, or recklessly disregards the risk,
that a juvenile is capable of gaining access to the
firearm; and
‘‘(C)(i) knows, or recklessly disregards the risk,
that a juvenile will use the firearm to cause death
or serious bodily injury (as defined in section 1365)
to the juvenile or any other person; or
‘‘(ii) knows, or recklessly disregards the risk,
that possession of the firearm by the juvenile is un-
lawful under Federal or State law,
if the juvenile uses the firearm to cause death or serious
bodily injury to the juvenile or any other person, shall be
imprisoned not more than 3 years, fined under this title,
or both.
‘‘(3) Paragraph (2) shall not apply if—
‘‘(A) at the time the juvenile obtained access,
the firearm was secured with a secure gun storage
or safety device or in a location to which the person
reasonably believed the juvenile could not obtain ac-
cess;
‘‘(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National
Guard, and the juvenile obtains the firearm during,
or incidental to, the performance of the official du-
ties of the person in that capacity;
‘‘(C) the juvenile uses the firearm in a lawful
act of self-defense or defense of 1 or more other per-
sons;
‘‘(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
juvenile is likely to be present on the premises on
which the firearm is kept; or
‘‘(E) the juvenile obtains the firearm as a result
of an illegal entry by any person into the premises.’’.
SEC. 306. PROHIBITING POSSESSION OF EXPLOSIVES BY
JUVENILES AND YOUNG ADULTS.
Section 842 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(r)(1) It shall be unlawful for any person who has
not attained 21 years of age to ship or transport any ex-
plosive materials in interstate or foreign commerce or to
receive or possess any explosive materials which has been
shipped or transported in interstate or foreign commerce.
‘‘(2) This subsection shall not apply to commercially
manufactured black powder in bulk quantities not to ex-
ceed five pounds, and if the person is less than 18 years
of age, the person has the prior written consent of the
person’s parents or guardian who is not prohibited by Fed-
eral, State, or local law from possessing explosive mate-
rials, and the person has the prior written consent in the
person’s possession at all times when the black powder is
in the possession of the person.’’.
TITLE IV—PREVENTING CRIMI-
NAL ACCESS TO FIREARMS
AND EXPLOSIVES
SEC. 401. MANDATORY BACKGROUND CHECKS AT GUN
SHOWS.
(a) FINDINGS.—Congress finds that—
(1) more than 4,400 traditional gun shows are
held annually across the United States, attracting
thousands of attendees per show and hundreds of
Federal firearms licensees and nonlicensed firearms
sellers, the vast majority of whom are law-abiding
individuals with no desire to participate in criminal
transactions;
(2) traditional gun shows, as well as flea 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,
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) 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, often without background
checks and without records that enable gun tracing;
(5) 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 can obtain guns without background checks
and can use such guns that cannot be traced to later
commit crimes;
(6) firearms associated with gun shows have
been transferred illegally to residents of another
State by Federal firearms licensees and nonlicensed
firearms sellers, and have been involved in subse-
quent crimes including drug offenses, crimes of vio-
lence, property crimes, and illegal possession of fire-
arms by felons and other prohibited persons; and
(7) Congress has the power, under the inter-
state commerce clause and other provisions of the
Constitution of the United States, to ensure, by en-
actment of this section, that criminals and other
prohibited persons do not obtain firearms at gun
shows, flea markets, and other organized events.
(b) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(35) The term ‘gun show’ means an event which is
sponsored to foster the collecting, competitive use, sport-
ing use, or any other legal use of firearms, and—
‘‘(A) at which 50 or more firearms are offered
or exhibited for sale, transfer, or exchange, if 1 or
more of the firearms has been shipped or trans-
ported in, or the event otherwise affects, interstate
or foreign commerce; and
‘‘(B) at which there are not less than 10 fire-
arm vendors.
‘‘(36) The term ‘gun show organizer’ means any per-
son who organizes or conducts a gun show.
‘‘(37) The term ‘gun show vendor’ means any person
who, at a fixed, assigned, or contracted location, exhibits,
sells, offers for sale, transfers, or exchanges 1 or more
firearms at a gun show.’’.
(c) REGULATION OF FIREARMS TRANSFERS AT GUN
SHOWS.—
(1) IN GENERAL.—Chapter 44 of such title is
amended by adding at the end the following:
‘‘§ 931. Regulation of firearms transfers at gun shows
‘‘(a)(1) A person who is not a licensed importer, li-
censed manufacturer, or licensed dealer, and who desires
to be registered as an instant check registrant shall submit
to the Secretary an application which—
‘‘(A) contains a certification by the applicant
that the applicant meets the requirements of sub-
paragraphs (A) through (D) of section 923(d)(1);
and
‘‘(B) contains a photograph and fingerprints of
the applicant; and