(2) in paragraph (2), by striking ‘‘(2) Para-
graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;
(3) in paragraph (1)(B) (as so redesignated by
paragraph (2) of this subsection)—
(A) by inserting ‘‘in the United States’’
after ‘‘possessed’’; and
(B) by inserting before the period the fol-
lowing: ‘‘or lawfully imported on or before the
date of the enactment of the Youth Gun Crime
Enforcement Act of 1999’’;
(4) by inserting before paragraph (3) the fol-
lowing:
‘‘(2) Except as provided in paragraph (3), it shall be
unlawful for any person to import a large capacity ammu-
nition feeding device.’’; and
(5) in paragraph (4)—
(A) by striking ‘‘(1)’’ each place it appears
and inserting ‘‘(1)(A)’’; and
(B) by striking ‘‘(2)’’ and inserting
‘‘(1)(B)’’.
(b) Section 921(a)(31) of title 18, United States
Code, is amended by striking ‘‘manufactured after the
date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994’’.
TITLE V—COMBATING CRIMINAL
MISUSE OF FIREARMS
SEC. 501. CERTAIN GANG-RELATED FIREARMS OFFENSES
AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended by inserting after ‘‘891-894 (relating to extor-
tionate credit transactions),’’ the following: ‘‘section
924(a) insofar as such offense is a violation of section
922(a)(1), (a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1),
or section 924(b), (g), (h), (k), (l), (m), or (n) (relating
to firearms violations),’’.
SEC. 502. INCREASED PENALTY FOR FIREARMS CON-
SPIRACY.
Section 924 of title 18, United States Code, is further
amended by adding at the end the following:
‘‘(q) Except as otherwise provided in this section, a
person who conspires to commit an offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense
the commission of which is the object of the conspiracy.’’.
SEC. 503. GUN CONVICTIONS AS PREDICATE CRIMES FOR
ARMED CAREER CRIMINAL ACT.
(a) Section 924(e)(1) of title 18, United States Code,
is amended—
(1) by striking ‘‘violent felony or a serious drug
offense, or both,’’ and inserting ‘‘violent felony, a se-
rious drug offense or a violation of section
922(g)(1), or a combination of such offenses,’’; and
(2) by adding at the end the following: ‘‘No
more than two convictions for violations of section
922(g)(1) shall be considered in determining wheth-
er a person has three previous convictions for pur-
poses of this subsection.’’.
SEC. 504. SERIOUS JUVENILE DRUG TRAFFICKING OF-
FENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(C) of title 18, United States Code,
is amended by inserting ‘‘or serious drug offense’’ after
‘‘violent felony’’.
SEC. 505. LIMITATION PERIOD FOR NATIONAL FIREARMS
ACT PROSECUTIONS.
Section 6531 of the Internal Revenue Code of 1986
(26 U.S.C. 6531) is amended by amending the matter pre-
ceding paragraph (1) to read as follows:
‘‘No person shall be prosecuted, tried, or punished
for any of the various offenses arising under the internal
revenue laws unless the indictment is found or the infor-
mation instituted within 3 years next after the commission
of the offense, except that the period of limitation—
‘‘(a) shall be 5 years for offenses described in section
5861 (relating to firearms); and
‘‘(b) shall be 6 years—
SEC. 506. FORFEITURE OF FIREARMS USED IN CRIMES OF
VIOLENCE AND FELONIES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is further amended by inserting
after subparagraph (G) the following:
‘‘(H) Any firearm (as defined in section
921(a)(3) of this title) used or intended to be used
to commit or to facilitate the commission of any
crime of violence (as defined in section 16 of this
title) or any felony under Federal law.’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting after
paragraph (9) the following:
‘‘(10) The court, in imposing a sentence on a person
convicted of any crime of violence (as defined in section
16 of this title) or any felony under Federal law, shall
order that the person forfeit to the United States any fire-
arm (as defined in section 921(a)(3) of this title) used
or intended to be used to commit or to facilitate the com-
mission of the offense.’’.
(c) DISPOSAL OF PROPERTY.—Section 981(c) of title
18, United States Code, is amended by adding at the end
the following flush sentence:
‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)
or section 982(a)(10) of this title shall be disposed of by
the seizing agency in accordance with law.’’.
(d) AUTHORITY TO FORFEIT PROPERTY UNDER
SECTION 924(d).—Section 924(d) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(4) Whenever any firearm is subject to forfeiture
under this section, the Secretary of the Treasury shall
have the authority to seize and forfeit, in accordance with
the procedures of the applicable forfeiture statute, any
property otherwise forfeitable under the laws of the United
States that was involved in or derived from the crime of
violence or drug trafficking crime described in subsection
(c) in which the forfeited firearm was used or carried.’’.
(e) 120-DAY RULE
FOR ADMINISTRATIVE FOR-
FEITURE.—Section 924(d)(1) of title 18, United States
Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’
in the last sentence.
(f) SECTION 3665.—Section 3665 of title 18, United
States Code, is amended—
‘‘(12) The term ‘firearms dealer’ means any
person who is engaged in the business of selling fire-
arms at wholesale or retail.
‘‘(13) The term ‘gunsmith’ means any person
who, other than a licensed firearms manufacturer,
importer or dealer, is engaged in the business of re-
pairing firearms or of making or fitting special bar-
rels, stocks or trigger mechanisms to firearms.’’.
(c) Section 923(a)(3) of title 18, United States Code
is amended to read as follows:
‘‘(3) If the applicant is a dealer who is—
‘‘(A) a dealer in destructive devices or am-
munition for destructive devices, a fee of $1,000
per year;
‘‘(B) a dealer in firearms who is not a
dealer in destructive devices, a fee of $200 for
3 years, except that the fee for renewal of a
valid license shall be $90 for 3 years; or
‘‘(C) a gunsmith, a fee of $100 for 3
years, except that the fee for renewal of a valid
license shall be $50 for 3 years.’’.
TITLE VI—ENHANCED FIREARMS
ENFORCEMENT
SEC. 601. ADDITIONAL SUPPORT FOR ENHANCED FIRE-
ARMS PROSECUTION PROJECTS.
To provide additional funding for intensive firearms
prosecution projects implemented by the Department of
Justice, there are authorized to be appropriated
$5,000,000 for fiscal year 2000.
SEC. 602. YOUTH CRIME GUN INTERDICTION INITIATIVE
(YCGII).
(a) IN GENERAL.—The Secretary of the Treasury
shall expand—
(1) to 75 the number of city and county law en-
forcement agencies that through the Youth Crime
Gun Interdiction Initiative (referred to in this sec-
tion as ‘‘YGCII’’) submit identifying information re-
lating to all firearms recovered during law enforce-
ment investigations, including from individuals
under age 25, to the Secretary of the Treasury to
identify the types and origins of such firearms; and
(2) the resources devoted to law enforcement
investigations of illegal youth possessors and users
and of illegal firearms traffickers identified through
YCGII, including through the hiring of additional
agents, inspectors, intelligence analysts and support
personnel.
(b) SELECTION OF PARTICIPANTS.—The Secretary of
the Treasury, in consultation with Federal, State, and
local law enforcement officials, shall select cities and coun-
ties for participation in the program established under this
section.
(c) ESTABLISHMENT OF SYSTEM.—The Secretary of
the Treasury shall establish a system through which State
and local law enforcement agencies, through on-line com-
puter technology, can promptly provide firearms-related
information to the Secretary of the Treasury and access
information derived through YCGII as soon as such capa-
bility is available. Not later than 6 months after the date
of enactment of this Act, the Secretary shall submit to
the Chairman and Ranking Member of the Committees on
Appropriations of the House of Representatives and the
Senate, a report explaining the capacity to provide such
on-line access and the future technical and, if necessary,
legal changes required to make such capability available,
including cost estimates.
(d) REPORT.—Not later than one year after the date
of enactment of this section, and annually thereafter, the
Secretary of the Treasury shall submit to the Chairman
and Ranking Member of the Committees on Appropria-
tions of the House of Representatives and the Senate a
report regarding the types and sources of firearms recov-
ered from individuals, including those under the age of
25; regional, State and national firearms trafficking
trends; and the number of investigations and arrests re-
sulting from YCGII.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Department of
the Treasury to carry out this section such sums as may
be necessary for fiscal years 2001 through 2004.
TITLE VII—COMBATING CRIMI-
NAL MISUSE OF EXPLOSIVES
SEC. 701. PERMITS AND BACKGROUND CHECKS FOR PUR-
CHASES OF EXPLOSIVES.
(a) PERMITS
FOR PURCHASE
OF EXPLOSIVES
IN
GENERAL.—Section 842 of title 18, United States Code,
is amended—
(1) by amending subparagraphs (A) and (B) of
subsection (a)(3) to read as follows:
‘‘(A) to transport, ship, cause to be trans-
ported, or receive any explosive materials; or
‘‘(B) to distribute explosive materials to
any person other than a licensee or permittee.’’;
and
(2) in subsection (b)—
(A) by adding ‘‘or’’ at the end of para-
graph (1);
(B) by striking ‘‘; or’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3).
(b) BACKGROUND CHECKS.—Section 842 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(p)(1) A licensed importer, licensed manufacturer,
or licensed dealer shall not transfer explosive materials to
any other person who is not a licensee under section 843
of this chapter unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section
103(d) of the Brady Handgun Violence Prevention
Act;
‘‘(B)(i) the system provides the licensee with a
unique identification number; or
‘‘(ii) 5 business days (meaning a day on which
State offices are open) have elapsed since the li-
censee contacted the system, and the system has not
notified the licensee that the receipt of explosive ma-
terials by such other person would violate subsection
(i) of this section;
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1038(d)(1) of this
title) of the transferee containing a photograph of
the transferee; and
‘‘(D) the transferor has examined the permit
issued to the transferee pursuant to section 843 of
this title and recorded the permit number on the
record of the transfer.
‘‘(2) If receipt of explosive materials would not violate
section 842(i) or State law, the system shall—
‘‘(A) assign a unique identification number to
the transfer; and
‘‘(B) provide the licensee with the number.
‘‘(3) Paragraph (1) shall not apply to the transfer
of explosive materials between a licensee and another per-
son if on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is imprac-
ticable because—
‘‘(A) the ratio of the number of law enforce-
ment officers of the State in which the transfer is
to occur to the number of square miles of land area
of the State does not exceed 0.0025;
‘‘(B) the business premises of the licensee at
which the transfer is to occur are extremely remote
in relation to the chief law enforcement officer (as
defined in subsection (p)(8)); and
‘‘(C) there is an absence of telecommunications
facilities in the geographical area in which the busi-
ness premises are located.
‘‘(4) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of explosive materials by such other person would
violate subsection (i) or State law, and the licensee trans-
fers explosive materials to such other person, the licensee
shall include in the record of the transfer the unique iden-
tification number provided by the system with respect to
the transfer.
‘‘(5) If the licensee knowingly transfers explosive ma-
terials to such other person and knowingly fails to comply
with paragraph (1) of this subsection with respect to the
transfer, the Secretary may, after notice and opportunity
for a hearing, suspend for not more than 6 months or re-
voke any license issued to the licensee under section 843
and may impose on the licensee a civil fine of not more
than $5,000.
‘‘(6) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of explosive materials to a person whose receipt or
possession of the explosive materials is unlawful
under this section; or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess explo-
sive materials.’’.
(c) ADMINISTRATIVE PROVISIONS.—
(1) WRITTEN
REASONS
PROVIDED
ON
RE-
QUEST.—If the national instant criminal background
check system determines that an individual is ineli-
gible to receive explosive materials and the individual
requests the system to provide the reasons for the
determination, the system shall provide such reasons
to the individual, in writing, within 5 business days
after the date of the request.
(2) CORRECTION OF ERRONEOUS SYSTEM IN-
FORMATION.—If the system established under sub-
section (b) of section 1 informs an individual con-
tacting the system that receipt of explosive materials
by a prospective transferee would violate subsection
(i) of section 842 of title 18, United States Code, or
State law, the prospective transferee may request
the Attorney General to provide the prospective
transferee with the reasons therefor. Upon receipt of
such a request, the Attorney General shall imme-
diately comply with the request. The prospective
transferee may submit to the Attorney General in-
formation to correct, clarify, or supplement records
of the system with respect to the prospective trans-
feree. After receipt of such information, the Attorney
General shall immediately consider the information,
investigate the matter further, and correct all erro-
neous Federal records relating to the prospective
transferee and give notice of the error to any Fed-
eral department or agency or any State that was the
source of such erroneous records.
(d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO-
SIVE MATERIALS.—
(1) IN
GENERAL.—Chapter 40 of title 18,
United States Code, is amended by inserting after
section 843 the following:
‘‘§ 843A. Remedy for erroneous denial of explosive
materials
‘‘Any person denied explosive materials pursuant to
subsection (p) of section 842—
‘‘(1) due to the provision of erroneous informa-
tion relating to the person by any State or political
subdivision thereof, or by the national instant crimi-
nal background check system established under sec-
tion 103 of the Brady Handgun Violence Prevention
Act; or
‘‘(2) who was not prohibited from receipt of ex-
plosive materials pursuant to subsection (i) of sec-
tion 842, may bring an action against the State or
political subdivision responsible for providing the er-
roneous information, or responsible for denying the
transfer, or against the United States, as the case
may be, for an order directing that the erroneous in-
formation be corrected or that the transfer be ap-
proved, as the case may be. In any action under this
section, the court, in its discretion, may allow the
prevailing party a reasonable attorney’s fee as part
of the costs.’’.
(2) TECHNICAL
AMENDMENT.—The section
analysis for chapter 40 of title 18, United States
Code, is amended by inserting after the item relating
to section 843 the following:
‘‘843A. Remedy for erroneous denial of explosive materials.’’.
(e) REGULATIONS.—
(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall issue final regulations
with respect to the amendments made by subsection
(a).
(2) NOTICE TO STATES.—On the issuance of
regulations pursuant to paragraph (1), the Secretary
of the Treasury shall notify the States of the regula-
tions so that the States may consider revising their
explosives laws.
(f) LICENSES AND USER PERMITS.—Section 843(a)
of title 18, United States Code, is amended—
(1) by inserting ‘‘, including fingerprints and a
photograph of the applicant’’ before the period at
the end of the first sentence; and
(2) by striking the second sentence and insert-
ing, ‘‘Each applicant for a license shall pay for each
license a fee established by the Secretary that shall
not exceed $300. Each applicant for a permit shall
pay for each permit a fee established by the Sec-
retary that shall not exceed $100.’’.
(g) PENALTIES.—Section 844 of title 18, United
States Code, is amended—
(1) by redesignating subsection (a) as sub-
section (a)(1); and
(2) by inserting after subsection (a)(1) the fol-
lowing new paragraph:
‘‘(2) Any person who violates subsection (p) of section
842 shall be fined under this title, imprisoned for not more
than 5 years, or both.’’.
(h) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), (c), (d), and (g) shall take effect 18
months after the date of enactment of the Act.
SEC. 702. PERSONS PROHIBITED FROM RECEIVING OR POS-
SESSING EXPLOSIVES.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)
of title 18, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the period and
inserting ‘‘or who has been committed to a mental
institution;’’; and
(3) by adding at the end the following:
‘‘(7) being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(8) has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(9) having been a citizen of the United States,
has renounced his citizenship; and
‘‘(10) is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child
that would reasonably be expected to cause bod-
ily injury;
‘‘(11) has been convicted in any court of a mis-
demeanor crime of domestic violence; or
‘‘(12) has been adjudicated delinquent.’’.
(b) POSSESSION OF EXPLOSIVES.—Section 842(i) of
title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end; and
(2) by adding at the end the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a non-immigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(6) who has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(7) who, having been a citizen of the United
States, has renounced his citizenship;
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child
that would reasonably be expected to cause bod-
ily injury;
‘‘(9) who has been convicted in any court of a
misdemeanor crime of domestic violence; or
‘‘(10) who has been adjudicated delinquent.’’.
(c) DEFINITION.—Section 841 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(r)(1) Except as provided in paragraph (2), the term
‘misdemeanor crime of domestic violence’ means an of-
fense that—
‘‘(A) is a misdemeanor under Federal or State
law; and
‘‘(B) has, as an element, the use or attempted
use of physical force, or the threatened use of a
deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a per-
son with whom the victim shares a child in common,
by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent,
or guardian of the victim.
‘‘(2)(A) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless—
‘‘(i) the person was represented by counsel in
the case, or knowingly and intelligently waived the
right to counsel in the case; and
‘‘(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried—
‘‘(I) the case was tried by a jury; or
‘‘(II) the person knowingly and intel-
ligently waived the right to have the case tried
by jury, by guilty plea or otherwise.
‘‘(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter
if the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has
had civil rights restored (if the law of the applicable juris-
diction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration
of civil rights expressly provides that the person may not
ship, transport, possess, or receive firearms.
‘‘(s) ‘Adjudicated delinquent’ means an adjudication
of delinquency based upon a finding of the commission of
an act by a person prior to his or her eighteenth birthday
that, if committed by an adult, would be a serious drug
offense or violent felony (as defined in section 3559(c)(2)
of this title), on or after the date of enactment of this
paragraph.’’.
(d) ALIENS
ADMITTED
UNDER
NONIMMIGRANT
VISAS.—Section 842 is amended by adding at the end the
following:
‘‘(r) PROVISIONS RELATING TO ALIENS ADMITTED
UNDER NONIMMIGRANT VISAS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘alien’ has the same mean-
ing as in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)); and
‘‘(B) the term ‘nonimmigrant visa’ has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
‘‘(2) 
EXCEPTION.—Sections 
(d)(7)(B) 
and
(i)(5)(B) do not apply to any alien who has been
lawfully admitted to the United States under a non-
immigrant visa, if that alien is a foreign law enforce-
ment officer of a friendly foreign government enter-
ing the United States on official law enforcement
business.
‘‘(3) WAIVER.—
‘‘(A) CONDITIONS FOR WAIVER.—Any indi-
vidual who has been admitted to the United
States under a nonimmigrant visa may receive
a waiver from the requirements of subsection
(i)(5)(B), if—
‘‘(i) the individual submits to the At-
torney General a petition that meets the
requirements of subparagraph (C); and
‘‘(ii) the Attorney General approves
the petition.
‘‘(B) PETITION.—Each petition under sub-
paragraph (B) shall—
‘‘(i) demonstrate that the petitioner
has resided in the United States for a con-
tinuous period of not less than 180 days
before the date on which the petition is
submitted under this paragraph; and
‘‘(ii) include a written statement from
the embassy or consulate of the petitioner,
authorizing the petitioner to acquire explo-
sives and certifying that the alien would
not, absent the application of subsection
(i)(5)(B), otherwise be prohibited from
such an acquisition under subsection (i).
‘‘(C) APPROVAL OF PETITION.—The Attor-
ney General shall approve a petition submitted
in accordance with this paragraph, if the Attor-
ney General determines that waiving the re-
quirements of subsection (i)(5)(B) with respect
to the petitioner—
‘‘(i) would be in the interests of jus-
tice; and
‘‘(ii) would not jeopardize the public
safety.’’.
(e) CONFORMING AMENDMENT.—Section 845 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(d) Notwithstanding any other provision of this sec-
tion, no person convicted of a misdemeanor crime of do-
mestic violence may ship or transport any explosive mate-
rials in interstate or foreign commerce or to receive or pos-
sess any explosive materials which have been shipped or
transported in interstate or foreign commerce.’’.
SEC. 703. PROHIBITING POSSESSION OF EXPLOSIVES BY
JUVENILES.
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 is
under 21 years of age to ship or transport any explosive
materials in interstate or foreign commerce or to receive
or possess any explosive materials which has been shipped
or transported in interstate or foreign commerce.’’.
‘‘(2) This subsection shall not apply to commercially
manufactured black powder in bulk quantities not to 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.’’.
SEC. 704. REQUIREMENTS CONCERNING BLACK POWDER
AND BULK SMOKELESS POWDER.
(a) Section 845 of title 18, United States Code, is
further amended—
(1) by striking paragraph (4) of subsection (a)
and inserting the following:
‘‘(4) assembled small arms ammunition and
primers not assembled into cartridges (other than
bulk smokeless powder); and’’;
(2) in subsection (a)(5), by striking ‘commer-
cially manufactured black powder in quantities not
to exceed fifty pounds,’’;
(3) by redesignating subsections (b), (c) and (d)
as subsections (c), (d) and (e), respectively; and
(4) by adding at the end the following:
‘‘(e) The provisions of sections 842(a)(3) and 842(b)
of this chapter shall not apply to commercially manufac-
tured black powder in quantities not to exceed five pounds
which is intended to be used solely for sporting, rec-
reational, or cultural purposes in antique firearms as de-
fined in section 921(a)(16) of title 18 of the United States
Code, or in antique devices as exempted from the term
‘‘destructive device’’ in section 921(a)(4) of title 18 of the
United States Code, or to bulk smokeless powder in quan-
tities not to exceed ten pounds.
‘‘(f) Sections 842(a)(3)(A), 842(a)(3)(B), 842(b) and
842(p) shall not apply to transactions between licensees
and persons licensed as manufacturers of ammunition
under section 923(a)(1)(A) or (C) of this title.’’.
(b) Section 926 of title 18, United States Code, is
amended by striking subsection (c).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 18 months after the date of
enactment of the Act.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this title.
Æ