[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1093 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1093

  To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
  modernize firearms laws and regulations, protect the community from 
                   criminals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2011

Mr. King of Iowa (for himself and Mr. Altmire) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
  modernize firearms laws and regulations, protect the community from 
                   criminals, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Alcohol, Tobacco, 
Firearms, and Explosives Reform Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 
                        MODERNIZATION AND REFORM

Sec. 101. Graduated penalties for civil violations by Federal firearms 
                            licensees.
Sec. 102. Consideration of Federal firearms license applications.
Sec. 103. Definition of willfully.
Sec. 104. Establishment of formal inspection, examination, and 
                            investigative guidelines.
Sec. 105. Liquidation of inventory in Federal firearms license 
                            expiration, surrender, or revocation cases.
Sec. 106. Opportunity to cure violations after acquisition of firearms 
                            business.
Sec. 107. Standards for criminal violations of recordkeeping 
                            requirements.
Sec. 108. Effective date.
            TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS

Sec. 201. Correction of nonsubstantive error in age limit provision.
Sec. 202. Possession and transfer of machineguns for industry testing 
                            and security contracting.
Sec. 203. Updating the Brady Handgun Violence Prevention Act.
Sec. 204. Elimination of written permission requirement for supervised 
                            handgun use.
Sec. 205. Modification of procedures for sharing of multiple handgun 
                            sales reports; protection of gun owners' 
                            privacy.
Sec. 206. Barrel and receiver importation.
Sec. 207. Clarifications relating to manufacturing of firearms.

     TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 
                        MODERNIZATION AND REFORM

SEC. 101. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS 
              LICENSEES.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by striking subsections (e) and (f) and inserting the 
following:
    ``(e)(1)(A) If the Attorney General determines that a licensee 
under this section has willfully violated any provision of this chapter 
or any regulation prescribed under this chapter, the Attorney General 
may--
                    ``(i) if the violation is of a minor nature--
                            ``(I) for a first such violation, issue a 
                        written warning to the licensee; and
                            ``(II) for a second or subsequent such 
                        violation--
                                    ``(aa) impose on the licensee a 
                                civil money penalty of not more than 
                                $500 for each such violation, with no 
                                interest to accrue on the amount of 
                                such a penalty, except that the total 
                                amount of penalties imposed on a 
                                licensee under this subclause--
                                            ``(AA) for violations 
                                        arising from a single 
                                        inspection or examination shall 
                                        not exceed $2,500; and
                                            ``(BB) for a single 
                                        calendar year shall not exceed 
                                        $5,000; or
                                    ``(bb) suspend the license for not 
                                more than 30 days, and specify the 
                                circumstances under which the 
                                suspension is to be terminated, if, in 
                                the period for which the license is in 
                                effect, there have been at least 2 
                                prior occasions on which the licensee 
                                has been determined to have violated 
                                this chapter; or
                    ``(ii) if the violation is of a serious nature--
                            ``(I) impose on the licensee a civil money 
                        penalty of not more than $1,500 for each such 
                        violation, with no interest to accrue on the 
                        amount of such a penalty, except that the total 
                        amount of penalties imposed on a licensee under 
                        this subclause--
                                    ``(aa) for a violation arising from 
                                a single inspection or examination 
                                shall not exceed $7,500; and
                                    ``(bb) for a single calendar year 
                                shall not exceed $15,000;
                            ``(II) suspend the license for not more 
                        than 90 days, and specify the circumstances 
                        under which the suspension is to be terminated;
                            ``(III) revoke the license; or
                            ``(IV) take the actions described in 
                        subclauses (I) and (II), or subclauses (I) and 
                        (III).
    ``(B)(i)(I) In determining the amount of a civil money penalty to 
impose under subparagraph (A) on a licensee, the nature and severity of 
the violation involved, the size of the firearms business operated by 
the licensee, and the prior record of the licensee shall be considered.
    ``(II) On request of the licensee, the Attorney General may 
consider the ability of the licensee to pay a civil money penalty, and 
may allow the licensee to submit documents and information to establish 
the ability of the licensee to pay. The Attorney General shall not make 
part of any public record any document or information so submitted, and 
shall return to the licensee any such document or information.
    ``(III) The total amount of penalties imposed on a licensee under 
subparagraph (A) with respect to violations of a minor nature and of a 
serious nature arising from a single inspection or examination shall 
not exceed $7,500, and the total of all such penalties for a single 
calendar year shall not exceed $15,000.
    ``(ii) For purposes of subparagraph (A), violation of a provision 
of this chapter with respect to 2 or more firearms during a single 
transaction shall be considered a single violation of the provision.
    ``(iii) The Attorney General may defer, or suspend, in whole or in 
part, the imposition of a civil money penalty on a licensee whose 
license is suspended under this paragraph.
    ``(C) For purposes of subparagraph (A):
            ``(i) A violation of this chapter shall be considered to be 
        of a serious nature if the violation--
                    ``(I) results in the transfer of a firearm or 
                ammunition to a person prohibited from possessing or 
                receiving the firearm or ammunition under this chapter 
                or under State or local law;
                    ``(II) obstructs a  bona fide criminal 
                investigation or prosecution, or an inspection or 
                examination under this chapter; or
                    ``(III) prevents a licensee from complying with 
                subsection (a)(7), (a)(8), (b)(1), (b)(3), (b)(4), (j), 
                (k), (o), or (p) of section 922, subsection (g)(7) of 
                this section, or subsection (b) or (h) of section 924.
            ``(ii) A violation of this chapter shall be considered to 
        be of a minor nature if the violation is not of a serious 
        nature.
    ``(D) The Attorney General may not commence an enforcement action 
under subparagraph (A) with respect to a violation, after the 5-year 
period that begins with--
            ``(i) the date the violation occurred; or
            ``(ii) if the licensee intentionally obstructed discovery 
        of the violation, the date the violation is discovered.
    ``(2)(A) Not less than 30 days before the effective date of any 
penalty imposed on a licensee by reason of a determination made under 
paragraph (1), the Attorney General shall send the licensee a written 
notice--
            ``(i) of the determination, and the grounds on which the 
        determination was made;
            ``(ii) of the nature of the penalty; and
            ``(iii) that the licensee may, within 30 days after receipt 
        of the notice, request a hearing to review the determination.
    ``(B) A hearing to review a determination made under paragraph (1) 
with respect to a licensee shall not be held unless the licensee 
requests such a hearing within 30 days after receiving the notice of 
the determination sent pursuant to subparagraph (A) of this paragraph.
    ``(C) On timely receipt from the licensee of a request for a review 
described in subparagraph (B), the Attorney General shall stay the 
imposition under paragraph (1) of any penalty involved, pending 
resolution of the review, unless, in the case of a suspension or 
revocation of a licensee, the Attorney General establishes, at a 
hearing before an administrative law judge, by clear and convincing 
evidence, that the continued operation by the licensee of the business 
poses an immediate and grave threat to public safety.
    ``(3)(A) Within 90 days after timely receipt from a licensee of a 
request to review a determination made under paragraph (1) (or at such 
later time as is agreed to by the Attorney General and the licensee), 
an administrative law judge shall hold a hearing, at a location 
convenient to the licensee, to review the determination.
    ``(B) Not less than 30 days before a hearing described in 
subparagraph (A), the Attorney General shall deliver to the licensee--
            ``(i) a document identifying each person whom the Attorney 
        General intends to call as a witness during the hearing;
            ``(ii) a copy of each document which will be introduced as 
        evidence at the hearing; and
            ``(iii) copies of all documents on which the determination 
        is based.
    ``(C) Within 90 days after a hearing described in subparagraph (A), 
the administrative law judge shall issue a written decision setting 
forth findings of fact and conclusions of law, and a decision as to 
whether to affirm, modify, or reverse the determination. The 
administrative law judge shall award to the licensee a reasonable 
attorney's fee with respect to any part of the decision or 
determination on which the licensee prevails.
    ``(D) On request of the licensee, the Attorney General shall stay 
the effective date of any penalty, suspension, or revocation until 
there has been a final, nonreviewable judgment with respect to the 
determination involved, unless, in the case of a suspension or 
revocation of a licensee, the Attorney General establishes, at a 
hearing before an administrative law judge, by clear and convincing 
evidence, that the continued operation by the licensee of the business 
poses an immediate and grave threat to public safety.
    ``(E) The action of an administrative law judge under this 
subsection shall be considered final agency action for all purposes, 
and may be reviewed only as provided in subsection (f).
    ``(4) This subsection shall not be interpreted to affect the 
authority of the Attorney General under section 922(t)(5).
    ``(f)(1) Within 60 days after a party receives a notice issued 
under subsection (d)(3) of a decision to deny a license, or a notice 
issued under subsection (e)(3)(C) of a determination to impose a civil 
money penalty or to suspend or revoke a license, the party may file a 
petition with the United States district court for the district in 
which the party resides or has a principal place of business for a de 
novo review of the decision or determination.
    ``(2) In a proceeding conducted under this subsection, the court 
shall, on application of a party, consider any evidence submitted by 
the parties to the proceeding whether or not the evidence was 
considered at the hearing held under subsection (d)(3) or (e)(3).
    ``(3) If the court determines that the licensee did not willfully 
violate any provision of, or any regulation prescribed under, this 
chapter, the court shall--
            ``(A) vacate the revocation, suspension, or fine, and 
        remand the matter to the Attorney General for further 
        consideration; and
            ``(B) award to the licensee a reasonable attorney's fee 
        with respect to any part of the decision or determination on 
        which the licensee prevails.
    ``(4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of a regulation prescribed 
under this chapter, and the licensee is acquitted of the charges, or 
the proceedings are terminated, other than upon motion of the 
Government before trial on the charges, the Attorney General shall be 
absolutely barred from denying a license under this chapter, suspending 
or revoking a license granted under this chapter, or imposing a civil 
money penalty under subsection (e), if the action would be based in 
whole or in part on the facts which form the basis of the criminal 
charges. The Attorney General may not institute a proceeding to suspend 
or revoke a license granted under this chapter, or to impose a civil 
money penalty under subsection (e), more than 1 year after the filing 
of the indictment or information.''.
    (b) Conforming Amendment to Procedure Applicable to Denial of 
Application for License.--Section 923(d) of such title is amended by 
adding at the end the following:
    ``(3) If the Attorney General denies an application for a license, 
an administrative law judge of the Department of Justice shall, on 
request by the aggrieved party, promptly hold a hearing to review the 
denial, at a location convenient to the aggrieved party. If, after the 
hearing, the administrative law judge decides not to reverse the 
denial, the administrative law judge shall give notice of the final 
denial decision to the aggrieved party.''.

SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LICENSE APPLICATIONS.

    (a) In General.--Section 923(d) of title 18, United States Code, as 
amended by section 101(b) of this Act, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
    ``(2) The Attorney General shall make a preliminary determination 
as to whether to approve or deny an application submitted under 
subsection (a) or (b). If the preliminary determination is to deny the 
application, the Attorney General shall notify the applicant in writing 
of the preliminary determination and the reasons for the preliminary 
determination, and shall afford the applicant an opportunity to 
supplement the application with additional information and to request a 
hearing on the application. If the applicant, in a timely manner, 
requests such a hearing, the Attorney General shall hold the hearing at 
a location convenient to the applicant, and shall notify the applicant 
in writing of the time and place of the hearing.''.
    (b) Conforming Amendment.--Section 923(f) of such title, as amended 
by section 101(a) of this Act, is amended by striking ``(d)(3)'' each 
place it appears and inserting ``(d)(4)''.

SEC. 103. DEFINITION OF WILLFULLY.

    Section 923(e) of title 18, United States Code, as amended by 
section 101(a) of this Act, is amended by adding at the end the 
following:
    ``(5) For purposes of this subsection, the term `willfully' means, 
with respect to conduct of a person, that the person knew of a legal 
duty, and engaged in the conduct knowingly and in intentional disregard 
of the duty. Repetition of a recordkeeping violation, regardless of 
frequency, shall not be considered evidence that the licensee committed 
the violation knowingly and in intentional disregard of a legal 
duty.''.

SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAMINATION, AND 
              INVESTIGATIVE GUIDELINES.

    (a) In General.--The Attorney General shall establish guidelines 
for how the Bureau of Alcohol, Tobacco, Firearms, and Explosives is to 
conduct inspections, examinations, or investigations of possible 
violations of chapters 40 and 44 of title 18, United States Code.
    (b) Personnel Matters.--In no case shall the amount of fines 
imposed on licensees under chapter 40 or 44 of title 18, United States 
Code, or the number of warnings issued, or suspensions or revocations 
of licenses under such chapters, be considered in the retention, 
promotion, or transfer of any officer, agent, or employee of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives.

SEC. 105. LIQUIDATION OF INVENTORY IN FEDERAL FIREARMS LICENSE 
              EXPIRATION, SURRENDER, OR REVOCATION CASES.

    Section 923 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(m)(1) Except as provided in paragraph (2), a person whose 
license issued under this chapter is expired, surrendered, or revoked 
shall be afforded 60 days from the effective date of the expiration, 
surrender, or revocation to liquidate the firearms inventory of the 
person, which time may be extended upon a showing of reasonable cause. 
During such 60-day period (including any extension of the period), the 
license involved shall continue to be considered valid.
    ``(2) Paragraph (1) shall not apply with respect to a person if a 
United States district court for the judicial district in which the 
person resides or in which the principal place of business of the 
person subject to the license is located finds, by clear and convincing 
evidence, that the continued operation by the person of the business 
poses an immediate and grave threat to public safety.''.

SEC. 106. OPPORTUNITY TO CURE VIOLATIONS AFTER ACQUISITION OF FIREARMS 
              BUSINESS.

    Section 923 of title 18, United States Code, as amended by section 
105 of this Act, is amended by adding at the end the following:
    ``(n) If the Attorney General is made aware that a business 
licensed under this chapter has transferred to a surviving spouse or 
child of the licensee, to an executor, administrator, or other legal 
representative of a deceased licensee, or to a receiver or trustee in 
bankruptcy, or an assignee for benefit of creditors, and, before the 
transfer, or on the first inspection or examination by the Attorney 
General of the records of the licensee after the transfer, the licensee 
is found to be operating the business in violation of this chapter, the 
Attorney General--
            ``(1) shall notify the transferee of the violation by the 
        transferor; and
            ``(2) shall not presume that the transferee is committing 
        the violation.''.

SEC. 107. STANDARDS FOR CRIMINAL VIOLATIONS OF RECORDKEEPING 
              REQUIREMENTS.

    Section 922(m) of title 18, United States Code, is amended--
            (1) by striking ``any false entry'' and inserting ``a 
        materially false entry'';
            (2) by striking ``appropriate entry'' and inserting ``a 
        materially significant entry''; and
            (3) by striking ``properly maintain'' and inserting 
        ``retain custody of''.

SEC. 108. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of the enactment of this Act.

            TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS

SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.

    Section 922(b)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) any firearm or ammunition to any individual who the 
        licensee knows or has reasonable cause to believe has not 
        attained 18 years of age, and, if the firearm is other than a 
        shotgun or rifle, or the ammunition is for a firearm other than 
        a shotgun or rifle, to any individual who the licensee knows or 
        has reasonable cause to believe has not attained 21 years of 
        age;''.

SEC. 202. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING 
              AND SECURITY CONTRACTING.

    (a) Machineguns for Federal Contractors.--Section 922(a)(4) of 
title 18, United States Code, is amended by striking ``except'' and all 
that follows and inserting ``except--
                    ``(A) as specifically authorized by the Attorney 
                General consistent with public safety and necessity; or
                    ``(B) to comply with a contract between any person 
                and the United States which requires that person to 
                provide national security services for the United 
                States or any training related to such services;''.
    (b) Sale or Delivery of Machineguns to Federal Contractors.--
Section 922(b) of title 18, United States Code, is amended by adding at 
the end the following: ``Paragraphs (2) and (4) of this subsection 
shall not apply to a sale or delivery to comply with a contract between 
any person and the United States which requires that person to provide 
national security services for the United States or any training 
related to the services.''.
    (c) Post-86 Machineguns for Testing, Research and Development, 
Training, and Security.--Section 922(o) of title 18, United States 
Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (A) the 
                following:
            ``(B) a transfer to, or possession by, a person to comply 
        with a contract between that person and the United States which 
        requires the person to provide national security services for 
        the United States or any training related to the services;
            ``(C) a transfer to, or possession by, a licensed 
        manufacturer or licensed importer solely for testing, research, 
        design, or development of ammunition or a firearm;
            ``(D) a possession by a licensed manufacturer or licensed 
        importer for the purposes of training persons to whom a 
        machinegun, manufactured or imported by the licensee, may be 
        transferred as described in subparagraph (A) or (B);
            ``(E) a transfer to or possession by a licensed 
        manufacturer, licensed importer, or licensed dealer for a 
        professional theatrical purpose if the licensee--
                    ``(i) is registered under section 5802 of the 
                National Firearms Act;
                    ``(ii) holds a valid permit or license under State 
                law to engage in business as a theatrical firearms 
                dealer or equivalent statutory designation;
                    ``(iii) derives not less than 80 percent of income 
                from the firearms business from the use of firearms by 
                professional motion picture or television productions 
                that are distributed to or produced for a national or 
                international audience;
                    ``(iv) before possessing a machinegun under this 
                subparagraph, provides the Attorney General with 
                documentation that--
                            ``(I) the licensee meets the requirements 
                        of clauses (i) through (iii); and
                            ``(II) the transfer or possession, as the 
                        case may be, is for such purpose; and
                    ``(v) establishes that the number of machineguns 
                sought by the licensee is reasonable for the film, 
                production, or performance for which the machineguns 
                are requested; or''; and
            (2) by adding at the end the following:
    ``(3) Every 3 years, the Attorney General shall determine whether a 
person described in paragraph (2)(B) is prohibited by Federal or State 
law from possessing or receiving a firearm, based on information in the 
national instant criminal background check system established under 
section 103(b) of the Brady Handgun Violence Protection Act (Public Law 
103-159; 18 U.S.C. 922 note) and the fingerprints of the person. The 
Attorney General may require such a person to allow the Attorney 
General to obtain the fingerprints of the person for this purpose.''.
    (d) Importation of Machineguns.--Section 925(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (3), by striking ``or'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) is imported or brought in for a purpose described in 
        section 922(o)(2).''.
    (e) Importation Under the National Firearms Act.--Section 5844 of 
the National Firearms Act (26 U.S.C. 5844) is amended--
            (1) in paragraph (2), by striking ``or'' at the end; and
            (2) by inserting after paragraph (3) the following:
            ``(4) a machinegun being imported or brought in to comply 
        with a contract between any person and the United States which 
        requires the person to provide national security services for 
        the United States or any training related to the services;
            ``(5) a machinegun being imported or brought in by a 
        registered importer or registered manufacturer for the purpose 
        of training persons who acquire machineguns pursuant to 
        paragraph (1) that were manufactured or imported by the 
        registrant; or
            ``(6) a machinegun being imported or brought in for a 
        purpose described in section 922(o)(2)(E) of title 18, United 
        States Code;''.
    (f) National Security Services Defined.--Section 921(a) of title 
18, United States Code, is amended by adding at the end the following:
    ``(36) The term `national security services' means any protective, 
defensive, or security services provided pursuant to a contract with a 
department or agency of the United States.
    ``(37) The term `professional theatrical purpose' means the use of 
firearms in a motion picture or television production which is expected 
to be produced, distributed, marketed, or shown by a member of a 
nationally recognized professional trade association related primarily 
to motion picture and television production, as determined by the 
Attorney General.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 203. UPDATING THE BRADY HANDGUN VIOLENCE PREVENTION ACT.

    Section 922 of title 18, United States Code, is amended--
            (1) by striking subsection (s);
            (2) in subsection (t)(1), by striking ``Beginning'' and all 
        that follows through ``a licensed'' and inserting ``A 
        licensed''; and
            (3) in subsection (t)(5), by striking ``information was 
        available to the system demonstrating that''.

SEC. 204. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED 
              HANDGUN USE.

    Section 922(x)(3)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking subclause (II) and 
        inserting the following:
                            ``(II) with respect to ranching or farming 
                        activities, target practice, hunting, or a 
                        course of instruction in the safe and lawful 
                        use of a handgun, as described in clause (i), a 
                        juvenile may possess and use a handgun or 
                        ammunition without the prior written consent, 
                        if the parent or legal guardian is present at 
                        all times and the juvenile acts at the 
                        direction of a parent, legal guardian, or other 
                        adult who is not prohibited by Federal, State, 
                        or local law from possessing a firearm;''; and
            (2) in clause (iii), by inserting ``except as provided in 
        clause (ii)(II),'' after ``(iii)''.

SEC. 205. MODIFICATION OF PROCEDURES FOR SHARING OF MULTIPLE HANDGUN 
              SALES REPORTS; PROTECTION OF GUN OWNERS' PRIVACY.

    (a) Section 923(g)(3)(A) of title 18, United States Code, is 
amended--
            (1) by striking ``and to the department of State police'' 
        and all that follows through ``took place''; and
            (2) by adding at the end the following: ``On request by a 
        State or local law enforcement agency of the jurisdiction in 
        which the sale or other disposition took place, the Attorney 
        General may provide the report to the agency, unless the agency 
        failed to make the certification required by subparagraph (B) 
        for the most recent 6-month period for which the certification 
        is so required.''.
    (b) Section 923(g)(4) of such title is amended by adding at the end 
the following: ``The Attorney General shall not electronically record 
information gathered pursuant to this paragraph by name or by any 
personal identification code.''.
    (c) Section 923(g)(5)(A) of such title is amended by striking 
``letter,'' and all that follows and inserting ``letter--
                            ``(i) the total number of rifles, shotguns, 
                        pistols, revolvers and other firearms 
                        manufactured in, or exported from, the United 
                        States by the licensee; and
                            ``(ii) information identifying each person 
                        to whom the licensee transferred a firearm (as 
                        defined by section 5845(a) of the National 
                        Firearms Act).''.
    (d) Section 926 of such title is amended by striking all after the 
section heading and inserting the following:
    ``(a) The Attorney General may prescribe only such rules and 
regulations as are necessary to carry out the provisions of this 
chapter, including--
            ``(1) regulations providing that a person licensed under 
        this chapter, when dealing with another person so licensed, 
        shall provide such other licensed person a certified copy of 
        this license;
            ``(2) regulations providing for the issuance, at a 
        reasonable cost, to a person licensed under this chapter, of 
        certified copies of his license for use as provided under 
        regulations issued under paragraph (1) of this subsection; and
            ``(3) regulations providing for effective receipt and 
        secure storage of firearms relinquished by or seized from 
        persons described in subsection (d)(8) or (g)(8) of section 
        922.
    ``(b) No such rule or regulation, nor any other administrative 
action pursuant to the provisions of this chapter, may require that 
records required to be maintained under this chapter or any portion of 
the contents of such records, be recorded at or transferred to a 
facility owned, managed, or controlled by the United States or any 
State or any political subdivision thereof, except records or portions 
of records--
            ``(1) obtained in the course of a bona fide criminal 
        investigation;
            ``(2) required for use in an administrative proceeding, or 
        review of a proceeding, under this chapter; or
            ``(3) expressly required to be reported under this chapter.
    ``(c) No such rule or regulation, nor any other administrative 
action pursuant to the provisions of this chapter, may establish any 
comprehensive or partial system of registration of firearms, firearms 
owners, or firearms transactions or dispositions. Nothing in this 
section expands or restricts the Attorney General's authority to 
inquire into the disposition of any firearm in the course of a criminal 
investigation.
    ``(d) The Attorney General shall give not less than ninety days 
public notice, and shall afford interested parties opportunity for 
hearing, before prescribing such rules and regulations.
    ``(e) The Attorney General shall not prescribe rules or regulations 
that require purchasers of black powder under the exemption provided in 
section 845(a)(5) to complete affidavits or forms attesting to that 
exemption.''.

SEC. 206. BARREL AND RECEIVER IMPORTATION.

    (a) In General.--Section 925(e) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``, and'' and inserting a 
        period; and
            (2) by adding at the end the following:
            ``(3) All frames or receivers of rifles, or barrels for 
        firearms other than handguns, if the importation is for repair 
        or replacement purposes.''.
    (b) Governmental Imports.--Section 925(a)(1) of such title is 
amended by inserting ``, barrel,'' after ``or importation of any 
firearm''.

SEC. 207. CLARIFICATIONS RELATING TO MANUFACTURING OF FIREARMS.

    (a) Clarification of Definition of Manufacturing.--Section 
921(a)(10) of title 18, United States Code, is amended by adding at the 
end the following: ``The term `manufacturing' shall not include 
repairing firearms, making or fitting special barrels, stocks, trigger 
mechanisms, or other parts to firearms, or engraving or otherwise 
altering the appearance of firearms.''.
    (b) Clarification of Definition of Dealer.--Section 921(a)(11)(B) 
of such title is amended by striking ``or trigger mechanisms to 
firearms'' and inserting ``trigger mechanisms, or other parts to 
firearms, or engraving or otherwise altering the appearance of 
firearms''.
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