[Congressional Record Volume 141, Number 56 (Monday, March 27, 1995)]
[Senate]
[Pages S4660-S4670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               MAJOR LEAGUE BASEBALL ANTITRUST REFORM ACT

  Mr. HATCH. Mr. President, up until now those of us who have supported 
reforming the application of the antitrust laws to baseball have been 
divided between competing approaches. I, together with Senators 
Moynihan, Graham, and others, introduced S. 415. Senator Thurmond, 
together with Senator Leahy, introduced S. 416.
  I am pleased to introduce today a bill that brings together these 
competing approaches and that has the consolidated support of Senator 
Thurmond, Senator Leahy, Senator Moynihan, and Senator Graham. We 
believe that this bill will bring about sound reforms that ensure that 
baseball is treated fairly and properly under the antitrust laws. We 
believe that in the long run our bill will contribute to constructive 
labor relations between the players and the owners. We believe that the 
reforms proposed by this bill are worth making even apart from the 
existence of the ongoing dispute between baseball owners and players.
  Let me emphasize that our bill would not impose a big-government 
solution to the current dispute between the owners and the players. On 
the contrary, it would get government out of the way by eliminating a 
serious government-made obstacle to settlement.
  Seventy-three years ago, the Supreme Court ruled that professional 
baseball is not a business in interstate commerce and is therefore 
immune from the reach of the federal antitrust laws. This ruling was 
almost certainly wrong when it was first rendered in 1922. Fifty years 
later, in 1972, when the Supreme Court readdressed this question, the 
limited concept of interstate commerce on which the 1922 ruling rested 
had long since been shattered. The Court in 1972 accurately noted that 
baseball's antitrust immunity was an ``aberration'' that no other sport 
or industry enjoyed. But it left it to Congress to correct the Court's 
error.
  A limited repeal of this antitrust immunity is now in order. Labor 
negotiations between owners and players are impeded by the fact that 
baseball players, unlike all other workers, have no resort under the 
law if the baseball owners act in a manner that would, in the absence 
of the immunity, violate the antitrust laws. This aberration in the 
antitrust laws has handed the owners a huge club that gives them unique 
leverage in bargaining and discourages them from accepting reasonable 
terms. This is an aberration that Government has created, and it is an 
aberration that Government should fix.
  The legislation that I am introducing would provide for a limited 
repeal of professional baseball's antitrust immunity. This repeal would 
not affect the two matters that owners say that the immunity 
legitimately protects: Namely, franchise relocation rules, and the 
minor leagues. Under our bill, major league baseball's ability to 
control franchise relocation and to deal with the minor leagues would 
remain unchanged. Our bill also would not affect any other sport or 
business.
  I urge my colleagues in the Senate and the House to support this 
legislation.
  Mr. THURMOND. Mr. President, I rise today in support of the Major 
League Baseball Antitrust Reform Act of 1995, which I am cosponsoring 
with Senator Hatch, Senator Leahy, and others. Our legislation would 
repeal the antitrust exemption which shields major league baseball from 
the antitrust laws that apply to all other sports and unregulated 
businesses in our Nation. This bill is a result of discussions between 
myself and Senators Hatch and Leahy following the recent hearing which 
I chaired on this important issue. I am particularly pleased that this 
legislation focuses on the ongoing policy issues relating to baseball's 
special antitrust exemption.
  The Hatch-Thurmond-Leahy legislation eliminates baseball's antitrust 
exemption, with certain exceptions, and is based on S. 416, the Major 
League Baseball Antitrust Reform Act, which Senator Leahy and I 
introduced on February 14, 1995. One substantive change has been made 
to include a provision relating to franchise relocation, in order to 
address concerns raised by some about the practical effect of ending 
baseball's antitrust exemption. As I have previously stated, however, 
it is my belief that it may be worthwhile reviewing the franchise 
relocation issue as it relates to all professional sports.
  The Hatch-Thurmond-Leahy legislation would also maintain the status 
quo for the minor leagues. It is important to protect the existing 
minor league relationships in order to avoid disruption of the more 
than 170 minor league teams which exist throughout our Nation. the 
Hatch-Thurmond-Leahy bill also makes clear that it does not override 
the provisions of the Sports Broadcast Act of 1961, which permits 
leaguewide contracts with television networks.
  Our bill is not specially drafted in an attempt to resolve the 
baseball's current labor dispute. The legislation does not affect the 
so-called nonstatutory labor exemption, which shields employers from 
the antitrust laws when they are involved in collective bargaining with 
a union. Removing the antitrust exemption will not automatically 
resolve baseball's problems, but I believe it will move baseball in the 
right direction.
  I noted earlier that as the chairman of the Senate Judiciary 
Committee's Antitrust, Business Rights, and Competition Subcommittee, I 
held a hearing on baseball's antitrust exemption on February 15, 1995. 
At the hearing, the subcommittee heard from both players and owners on 
whether the exemption helps or hurts the sport, and what effect repeal 
would have on labor relations and other issues. the subcommittee very 
directly told the owners and players that it is up to them to resolve 
their differences quickly and play ball for the sake of the American 
public.
  Mr. President, I do not believe that the Congress should interfere in 
baseball's ongoing labor dispute. But it is my belief that the Congress 
should repeal the Court imposed antitrust exemption and restore 
baseball to the same level playing field as other professional sports 
and unregulated businesses. By removing the antitrust exemption, the 
players and owners will have one less distraction from their 
negotiations, and the Congress will no longer be intertwined in 
baseball's special antitrust exemption.
                                 ______

      By Mr. KYL (for himself and Mr. Helms):
  S. 628. A bill to repeal the Federal estate and gift taxes and the 
tax on generation-skipping transfers; to the Committee on Finance.


                    family heritage preservation act

  Mr. KYL. Mr. President, I rise today with my colleague from North 
Carolina, Senator Helms, to introduce the Family Heritage Preservation 
Act, a bill to repeal Federal estate and gift taxes, and the tax on 
generation-skipping transfers. A companion bill, H.R. 784, was 
introduced in the House of Representatives last month by Congressman 
Chris Cox of California.
  [[Page S4661]] The Federal estate tax is one of the most wasteful and 
unfair taxes currently on the books. It penalizes people for a lifetime 
of hard work, savings, and investment. It hurts small business and 
threatens jobs. It causes people to spend time, energy, and money 
finding ways to avoid the tax--by setting up trusts and other devices--
when they could otherwise devote those resources to more productive 
economic uses.
  The estate tax is particularly onerous for small family businesses. 
According to a 1993 survey by Prince & Associates--a Stratford, CT, 
research and consulting firm--9 out of 10 family businesses that failed 
within 3 years of the principal owner's death said that trouble paying 
estate taxes contributed to their companies; demise.
  That is a travesty. As if the Federal Government didn't tax enough 
during life, it has to prey upon people and their grieving families 
ever after death. As a constituent of mine, Pearle Wisotsky Marr, wrote 
in a recent letter to me:
       Since my father died, our lives have been a nightmare of 
     lawyers and trust companies with the common theme, `you have 
     to protect the family business.' It was hard enough trying to 
     recuperate after my father's long illness, and then adjusting 
     to the reality he was gone.
  That's wrong, and it's economically destructive. The Marr family 
built up a small business from just one employee 35 years ago to 200 
employees today. Creating badly needed jobs in the community is not 
something for which the Marr family should be penalized. It's something 
that should be encouraged.
  A study published by the Institute for Research on the Economics of 
Taxation [IRET] looked at how the Nation's economy would have performed 
had the transfer taxes been repealed in 1971. The simulation showed 
that, by 1991, the gross domestic product [GDP] would have been $46.3 
billion higher, there would have been 262,000 more full-time equivalent 
jobs, and the stock of capital would have been $398.6 billion greater 
than the respective actual amounts in that year.
  The report went on to project that if the transfer taxes were 
repealed in 1993, the nation would experience significant economic 
benefits by the year 2000. ``GDP would be $79.22 billion greater, 
228,000 more people would be employed, and the amount of accumulated 
saving and capital would be $630 billion larger than projected under 
present law.''
  These taxes have an impact on Americans of all income levels. As 
noted in the IRET's report, ``by discouraging private saving and 
capital formation, these taxes depress labor productivity and real 
income. Transfer taxes, thus, impede labor's upward mobility.''
  Mr. President, I invite my colleagues to join me in cosponsoring the 
Family Heritage Preservation Act. I ask that the text of the bill be 
reprinted in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 628

       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 ``Family Heritage Preservation 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that:
       (1) Hard working American men and women spend a lifetime 
     saving to provide for their children and grandchildren, 
     paying taxes all the while. Throughout their lives, they pay 
     taxes on the income and gains from their labor and their 
     investment. Because of the heavy burden of income taxes, 
     property taxes, and other levies, it is enormously difficult 
     to accumulate savings for a family's future. Worst of all, 
     when the purpose of that hard earned saving is about to be 
     achieved, families discover that between 37 percent and 55 
     percent of their after-tax savings is confiscated by Federal 
     inheritance taxes.
       (2) These transfer, estate, and gift taxes punish lifelong 
     habits of thrift; they discourage entrepreneurship; they 
     penalize families; and they have a negative effect on other 
     tax revenue sources.
       (3) These taxes raise almost no material revenue for the 
     Federal Government. In fiscal year 1994, they produced only 1 
     percent of total Federal revenues.
       (4) The waste and economic inefficiency caused by 
     inheritance taxes is well known. American families employ 
     legions of tax accountants and lawyers each year to set up 
     trusts and other prolix devices designed to avoid these 
     onerous levies. The make-work imposed upon the economy 
     comprises billions of dollars.
       (5) In order to pay these excessive taxes, many small 
     businesses must liquidate all or part of their assets. By 
     causing business closures, these taxes constrict business 
     activity, increase unemployment, and reduce tax revenues to 
     the Federal Government.
       (6) Independent analyses indicate that, were these onerous 
     taxes repealed, the Nation's GDP, Federal and State tax 
     revenues, employment base, and capital formation would 
     increase substantially. According to one such survey, 
     repealing these taxes would increase GDP by $79,220,000,000, 
     create 228,000 new jobs, and increase savings by 
     $630,000,000,000 by the end of the century.
       (7) Repealing these taxes will ensure economic fairness for 
     all American families and businesses, as well as economic 
     growth and prosperity for the Nation as a whole.

     SEC. 3. REPEAL OF FEDERAL TRANSFER TAXES.

       (a) General Rule.--Subtitle B of the Internal Revenue Code 
     of 1986 is hereby repealed.
       (b) Effective Date.--The repeal made by subsection (a) 
     shall apply to the estates of decedents dying, and gifts and 
     generation-skipping transfers made, after the date of the 
     enactment of this Act.
                                 ______

      By Mr. THOMAS (for himself, Mr. Simpson, and Mr. Pressler):
  S. 629. A bill to provide that no action be taken under the National 
Environmental Policy Act of 1969 for a renewal of a permit for grazing 
on National Forest System lands; to the Committee on Environment and 
Public Works.


                   grazing permit renewal legislation

  Mr. THOMAS. Mr. President, I rise today to introduce legislation that 
is of very significant importance to the farmers and ranchers in my 
State of Wyoming and throughout the West.
  Let me preface by saying that Wyoming is more than 50 percent owned 
by the Federal Government. That includes BLM lands and includes forest 
lands and park lands, of course. So the decisions made by public land 
managers is very important to us.
  Recent decisions by the court have indicated that the U.S. Forest 
Service and perhaps the BLM, as well, must now complete environmental 
impact statements on environmental assessments on all term grazing 
permits that expire on December 31 of this year.
  As most of you know, much of the land in these western States is 
intermingled private land, Federal land, State land. So that in order 
to put together an economic unit of livestock, there is private land, 
generally, with the water, and winter feeding, and summer grazing is 
quite often on Federal land. And these ranchers graze there with a 
permit based on animal unit months and they are 10-year permits 
generally.
  Under this new environmental assessment, the review must be done 
under NEPA regulations. This is in addition to the environmental 
assessments that are already made on the forest plan. Each 10 years, 
each forest goes through a plan. They talk about grazing, they talk 
about mining, they talk about oil and gas, and other uses of these 
various lands.
  The problem now is that, in addition to that already done evaluation 
on grazing, the courts at least have implied that there has to be this 
new environmental assessment on each of these grazing leases.
  There are approximately 4,500 Forest Service grazing leases that 
expire at the end of this year. There are nearly 200 of those in 
Wyoming.
  The problem is twofold. The first part of the problem, which I think 
has to do with what we are talking about here, is that we already have 
a mechanism for taking a look at the impact of grazing on forests. We 
do this in a very extensive process every 10 years, and it can be 
amended and renewed at any time.
  Furthermore, those rangers and BLM employees who supervise this, any 
time that there is damage to grazing lands, they have the authority to 
do something about it. So it is redundant. It is an expense that we do 
not need to have.
  The second problem is that, assuming that it did go forward, there is 
no way that these can all be done prior to the end of 1995, when these 
grazing permits expire, and we are faced with the proposition of not 
having the opportunity to put these animals on public lands, and 
eventually the impact would be that farmers and ranchers would very 
likely go out of business.
  So, Mr. President, this bill simply says that the NEPA requirements 
that 
[[Page S4662]] go below the Forest Service level would not have to be 
carried out.
  I think it is very consistent with what we are doing here on 
regulations. It is very consistent with saving a very important 
economic industries in the West. I urge my fellow Senators to take a 
look at this bill, particularly those of us from the West, and I urge 
the support of those who come from outside of the West for the 
enactment of this important bill.
  Because of recent court cases, it has been determined that the U.S. 
Forest Service must now complete an environmental assessment [EA] or 
full-blown environment impact statement [EIS] on all term-grazing 
permits that expire on December 31 of this year, in order to comply 
with National Environmental Policy Act [NEPA] guidelines.
  This is in addition to the environmental analysis that is already 
required under NEPA for individual forest plans, which considers 
grazing, timber sales, mining, oil and gas permits and other actions on 
Forest Service System lands. This is a redundant process, and since the 
Forest Service has decided that livestock grazing is a continuation of 
an existing use for which environmental concerns have been addressed in 
forest plans, creates an enormous workload burden for the agency.
  What is worse, is the fact that no grazing permit will be reissued 
without the proper environmental evaluations. Forest Service officials 
will have to scramble to complete all of the work that will be 
required, and the chances of some permits being altered or dropped 
altogether are high. This creates a great deal of uncertainty for folks 
who depend on these permits for grazing livestock as their livelihood.
  The bill that I am introducing today corrects this problem by stating 
that no action needs to be taken under NEPA for renewal of a grazing 
permit on national Forest Service lands, which was not already 
addressed in the forest plan.
  Nationwide, approximately 4,500 Forest Service grazing permits expire 
at the end of this year--and within the next 3 years--1995-97--a large 
majority of grazing permits will expire throughout the country.
  In my State of Wyoming, 191 Forest Service grazing permits expire at 
the end of this year. I have heard from many ranchers who are extremely 
concerned about this process, and are worried they will not be able to 
graze their livestock if NEPA compliance is not completed in a timely 
fashion.
  While farmers and ranchers continue to become more productive and 
more efficient, they are continually faced with increased paperwork and 
Federal intrusion into their lives.
  Likewise, even though President Clinton requested an increase of $25 
million for the Forest Service's fiscal year 1996 budget to help 
complete NEPA requirements, no permit holder is safe from losing their 
grazing privileges.
  Mr. President, it is critical for Congress to address this issue and 
prevent the economic problems that will occur if some relief is not 
given. With issues such as grazing fees and rangeland reform 
resurfacing again, it is important to stop this heavy-handed directive, 
which will put many small- and medium-sized ranchers out of business, 
and potentially destroy the practice of multiple use on Forest Service 
lands.
  I am proud to sponsor this piece of legislation because farming and 
ranching are valuable assets to Wyoming and the rest of the Western 
United States. Besides addressing the short-term crisis that exists 
with the number of grazing permits set to expire this year, the 
initiative also addresses the long-term effects for permits expiring in 
the years to come. I believe we have an excellent opportunity to work 
with the Forest Service and ranchers alike, on a bipartisan basis, to 
change this unnecessary burden and restore hope to America's farm and 
ranch families. I urge my colleagues to support this bill and look 
forward to working with them in the coming months.
  Mr. President, I yield the floor.
                                 ______

      By Mr. D'AMATO:
  S. 630. A bill to impose comprehensive economic sanctions against 
Iran; to the Committee on Banking, Housing, and Urban Affairs.


                       iran foreign sanctions act

 Mr. D'AMATO. Mr. President, I am introducing the Iran Foreign 
Sanctions Act of 1995.
  Two months ago when I introduced S. 277, the Comprehensive Iran 
Sanctions Act of 1995, many stated that while a total trade embargo 
between the United States and Iran, as called for in S. 277, could have 
a real effect on Iran, the effects on foreign corporations would be 
negligible. This bill is designed to address this issue.
  My legislation will place procurement and export sanctions on any 
foreign person or corporation that has engaged in any trade with Iran 
in any goods or technology, as defined in the Export Administration Act 
of 1979. Simply put, a foreign corporation or person will have to 
choose between trade with the United States or trade with Iran.
  As long as Iran continues to support terrorism, seeks to obtain 
weapons of mass destruction, and continues its abysmal human rights 
practices, foreign companies and persons will be proscribed, with only 
a few exceptions, from trading with the United States.
  There is great precedence for this approach and I will list some of 
these instances:
  The Comprehensive Anti-Apartheid Act, which authorizes the President 
to limit the importation into the United States of any product or 
service of a foreign country to the extent to which that country 
benefits from the sanctions imposed on South Africa by this act;
  The Foreign Relations Act of 1994, which incorporated the Nuclear 
Proliferation Prevention Act, providing for a ban on U.S. Government 
procurement from any third country company which assists another 
country to acquire nuclear weapons;
  Missile Technology Control Regime sanctions attached to the Arms 
Export Control Act [AECA] and the Export Administration Act [EAA] that 
denies U.S. Government procurement; licenses for the transfer of any 
item on the U.S. munitions list [AECA] or the dual-use technologies 
list [EAA]; and the importation into the United States of any product 
of the foreign company; and
  The AECA also has similar sanctions for chemical and biological 
weapons proliferation, as does the Iran-Iraq Non-Proliferation Act of 
1992, as well as various anti-Arab boycott pieces of legislation.
  Mr. President, my legislation has precedent, and as such, I feel is a 
useful tool to counter those who state that any ban on U.S. companies 
will only hurt U.S. companies. I want to send the message that when you 
deal with Iran, you are making a mistake. We cannot afford to provide 
this brutal regime with the hard currency so vital to its existence. As 
long as companies trade with Iran, we will have a regime that is 
capable of supporting terrorism and aggression.
  If there is anything that we can learn from last week's revelations 
of the positioning of Iranian chemical weapons in the Straits of 
Hormuz, it is that Iran is a dangerous and aggressive nation with which 
appeasement will not work.
  We cannot sit back and wish this entire problem away, we have to take 
action and send the message to the world that Iran's actions can no 
longer be tolerated. Until the regime stops these offensive and violent 
actions, the world will not trade with it or deal with it at all.
  Mr. President, I urge my colleagues to support this bill because it 
is important for the United States and our allies. Mr. President, I ask 
unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 630
       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 ``Iran Foreign Sanctions Act 
     of 1995''.

     SEC. 2. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE 
                   WITH IRAN.

       (a) Determination by the President.--
       (1) In general.--The President shall impose the sanctions 
     described in subsection (b) if the President determines in 
     writing that, on or after the date of enactment of this Act, 
     a foreign person has, with requisite knowledge, engaged in 
     trade with Iran in any goods or technology (as defined in 
     section 16 of the Export Administration Act of 1979).
     [[Page S4663]]   (2) Persons against which the sanctions are 
     to be imposed.--The sanctions shall be imposed pursuant to 
     paragraph (1) on--
       (A) the foreign person with respect to which the President 
     makes the determination described in that paragraph;
       (B) any successor entity to that foreign person;
       (C) any foreign person that is a parent or subsidiary of 
     that person if that parent or subsidiary with requisite 
     knowledge engaged in the activities which were the basis of 
     that determination; and
       (D) any foreign person that is an affiliate of that person 
     if that affiliate with requisite knowledge engaged in the 
     activities which were the basis of that determination and if 
     that affiliate is controlled in fact by that person.
       (b) Sanctions.--
       (1) Description of sanctions.--The sanctions to be imposed 
     pursuant to subsection (a)(1) are, except as provided in 
     paragraph (2) of this subsection, as follows:
       (A) Procurement sanction.--The United States Government 
     shall not procure, or enter into any contract for the 
     procurement of, any goods or services from any person 
     described in subsection (a)(2).
       (B) Export sanction.--The United States Government shall 
     not issue any license for any export by or to any person 
     described in subsection (a)(2).
       (2) Exceptions.--The President shall not be required to 
     apply or maintain the sanctions under this section--
       (A) in the case of procurement of defense articles or 
     defense services--
       (i) under existing contracts or subcontracts, including the 
     exercise of options for production quantities to satisfy 
     requirements essential to the national security of the United 
     States;
       (ii) if the President determines in writing that the person 
     or other entity to which the sanction would otherwise be 
     applied is a sole source supplier of the defense articles or 
     services, that the defense articles or services are 
     essential, and that alternative sources are not readily or 
     reasonably available; or
       (iii) if the President determines in writing that such 
     articles or services are essential to the national security 
     under defense coproduction agreements;
       (B) to products or services provided under contracts 
     entered into before the date on which the President publishes 
     his intention to impose the sanction;
       (C) to--
       (i) spare parts which are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of products, to the 
     extent that alternative sources are not readily or reasonably 
     available;
       (D) to information and technology essential to United 
     States products or production; or
       (E) to medical or other humanitarian items.
       (c) Supersedes Existing Law.--The provisions of this 
     section supersede the provisions of section 1604 of the Iran-
     Iraq Arms Non-Proliferation Act of 1992 (as contained in 
     Public Law 102-484) as such section applies to Iran.

     SEC. 3. WAIVER AUTHORITY.

       The provisions of section 2 shall not apply if the 
     President determines and certifies to the appropriate 
     congressional committees that Iran--
       (1) has substantially improved its adherence to 
     internationally recognized standards of human rights;
       (2) has ceased its efforts to acquire a nuclear explosive 
     device; and
       (3) has ceased support for acts of international terrorism.

     SEC. 4. REPORT REQUIRED.

       Beginning 60 days after the date of enactment of this Act, 
     and every 90 days thereafter, the President shall transmit to 
     the appropriate congressional committees a report 
     describing--
       (1) the nuclear and other military capabilities of Iran; 
     and
       (2) the support, if any, provided by Iran for acts of 
     international terrorism.

     SEC. 5. DEFINITIONS.

       As used in this Act:
       (1) Act of international terrorism.--The term ``act of 
     international terrorism'' means an act--
       (A) which is violent or dangerous to human life and that is 
     a violation of the criminal laws of the United States or of 
     any State or that would be a criminal violation if committed 
     within the jurisdiction of the United States or any State; 
     and
       (B) which appears to be intended--
       (i) to intimidate or coerce a civilian population;
       (ii) to influence the policy of a government by 
     intimidation or coercion; or
       (iii) to affect the conduct of a government by 
     assassination or kidnapping.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Banking, Housing and Urban Affairs and Foreign Relations 
     of the Senate and the Committees on Banking and Financial 
     Services and International Relations of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is not a United States national or an 
     alien admitted for permanent residence to the United States; 
     or
       (B) a corporation, partnership, or other nongovernment 
     entity which is not a United States national.
       (4) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (5) Nuclear explosive device.--The term ``nuclear explosive 
     device'' means any device, whether assembled or disassembled, 
     that is designed to produce an instantaneous release of an 
     amount of nuclear energy from special nuclear material that 
     is greater than the amount of energy that would be released 
     from the detonation of one pound of trinitrotoluene (TNT).
       (6) Definition.--For purposes of this subsection, the term 
     ``requisite knowledge'' means situations in which a person 
     ``knows'', as ``knowing'' is defined in section 104 of the 
     Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).
       (7) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (8) United states national.--The term ``United States 
     national'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States;
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons who 
     are nationals of the United States own, directly or 
     indirectly, more than 50 percent of the outstanding capital 
     stock or other beneficial interest in such legal entity; and
       (C) any foreign subsidiary of a corporation or other legal 
     entity described in subparagraph (B).
                                 ______

      By Mr. BRADLEY:
  S. 631. A bill to prevent handgun violence and illegal commerce in 
firearms; to the Committee on the Judiciary.


              handgun control and violence prevention act

 Mr. BRADLEY. Mr. President, handgun violence is redefining the 
American way of life. We must own up to this reality and bring 
desperately needed rationality to our gun laws. This is why I rise 
today to introduce the Handgun Control and Violence Prevention Act of 
1995. This legislation is one more important step in ensuring that the 
madness of gun violence in this country will be brought to an end.
  Every year, more than 24,000 Americans--65 a day--are killed with 
handguns, in homicides, by committing suicide, and by unintentional 
injuries. Handguns account for only one-third of all firearms, but are 
responsible for over two-thirds of all firearm-related deaths. Handguns 
are used in over 80 percent of all firearm murders. Ninety-five percent 
of the people injured by a handgun each year require emergency care or 
hospitalization. Of these, 68 percent require overnight care and 32 
percent require a hospital stay of 8 days or more. In 1991, the United 
States led the developed world with 14,373 gun murders, as compared to 
186 gun murders in Canada, 76 in Australia, 60 in England, and 74 in 
Japan. One difference between the United States and the other countries 
cited is that the other countries all have much stricter gun control 
laws.
  Mr. President, these statistics are not just idle numbers. A few days 
ago, Sheila Gillespie, a 65-year-old widowed mother of four, was shot 
in the forehead when she got out of her car to open her garage door at 
her home in West Caldwell, NJ. Two carjacking assailants, ages 17 and 
19, followed her home, viciously shot her, stole her 1990 Honda and 
were later apprehended driving the car. Ms. Gillespie, who attended 
mass every day at her local church and is well-known as an outgoing and 
friendly person, is currently fighting for her life in an intensive 
care unit at University Hospital in Newark, NJ.
  Moreover, a few days after the senseless shooting in West Caldwell, 
four people were murdered and another critically injured in an apparent 
robbery attempt at a postal substation in my hometown of Montclair, NJ. 
Mr. President, two postal workers, Ernest Spruill and Scott Walensky, 
and two customers, Robert Leslie and George Lomaga, were forced into a 
backroom and made to lie down on the floor. They were then shot at 
point blank range, execution style, with a 9-millimeter Taurus semi-
automatic pistol containing a high capacity magazine holding 15 deadly, 
flesh-ripping Black Talon bullets. A third customer, David 
[[Page S4664]] Grossman, entered the post office as the robbery was in 
progress. He was shot in the face and is currently fighting for
 his life in the hospital.

  Mr. President, the victims of the Montclair massacre were shot by an 
assault weapon. Because of a bullet from an assault weapon, Mr. 
President, Blanche Spruill, who telephoned her husband of 34 years, 
Ernest, at the post office on the day of the murder and got no answer, 
will never see nor talk to him again. Mr. President, because of a 
bullet fired from an assault weapon, Scott Walensky will never again 
see his wife, Mary Ann, or his three children. Mr. President, this is 
exactly the type of situation we intended to prevent when the assault 
weapons ban was passed in the 1994 omnibus crime law. Thus, any 
discussion regarding a repeal of the assault weapons ban must begin 
with the tragic fact that the wife of Scott Walensky is now a widow and 
his three children are now fatherless.
  Everyone is aware of the devastating gun violence that occurs on the 
streets of urban America. However, the recent mass murder in Montclair 
occurred in a community that was described in the recent issue of New 
Jersey Monthly as ``a desirable community where parents feel safe 
allowing young children to ride their bicycles around town.'' The 
plague of gun violence has engulfed America, and, Mr. President, the 
American people want to know one question from their elected officials: 
When will the spiraling, senseless gun violence occurring in the cities 
and suburbs of this country cease? This legislation, Mr. President, is 
an attempt to stop the senseless violence.
  Mr. President, some will argue that these grim statistics are the 
result of weak law enforcement, light sentencing, legitimate fear, and 
the waning of family values. Others will argue that they are the result 
of joblessness, poverty, and long-term neglect of our most violent 
neighborhoods. I have no doubt that the growing rate of violent 
activity has been aggravated in part by all these factors. However, 
accepting many of these causes of handgun violence does not erase the 
reality that crime and deviant behavior have become much more of a 
burden on our society because of the explosive growth in handguns. 
Disputes that were settled with fists and knives 10 years ago are now 
being settled with guns. The number, availability, and destructive 
ability of handguns has contributed significantly to this tragedy.
  Every single handgun used in a crime starts out as a legal gun. 
However, Mr. President, many of the weapons used in crimes are 
purchased illegally. The black market in illegal handguns is enormous 
and deadly. Gunrunners go to States with lax gun control laws, purchase 
hundreds of guns using fake identification, and then sell them on the 
street corners of our cities to anyone with available cash. Straw 
purchasers with clean records often stand in to buy guns for criminals 
and gun-runners. We must crack down on these rogue dealers, gunrunners,
 and straw purchasers. Only then can we prevent the illegal sale and 
use of guns. Only then can we help drive guns off our streets, out of 
our schools, and from our communities.

  The purpose of this bill, Mr. President, is to make it at least as 
difficult to use a handgun as it is to drive a car. A gun, like a car, 
can be a dangerous instrumentality. As such, since we require 
purchasers of cars to have valid operator's licenses, we should, at the 
very least, require that the purchaser of a gun obtain a license. Mr. 
President, when the evidence on the danger of handguns is made clear to 
us every day, it is irresponsible to allow an instrument which can 
cause so much physical and psychological damage to be made available to 
people on such a liberal basis.
  This bill makes it illegal to purchase a handgun without a valid, 
nationally uniform, State-issued handgun license. The license would be 
similar to a driver's license and consist of an identification card 
with a photograph. In order to acquire the license, a person would have 
to undergo a background check, present proof of residency in the State 
of purchase, get fingerprinted, and pass a handgun safety course 
offered by a local law enforcement officer. Only new purchases of 
handguns would require a license. Those who currently possess handguns 
would not have to acquire a license unless they wanted to purchase more 
handguns.
  To stop the transfer of handguns from strawman purchasers to 
criminals and others intending to commit crimes, this legislation 
requires that all handgun transfers be registered with appropriate law 
enforcement officials. If the person transferring the weapon does not 
register the transfer, he or she will be in violation of Federal law.
  To curb interstate gunrunning, this bill limits the purchase of a 
handgun by any one person to one gun a month. Mr. President, citizens 
have the right to possess a gun for personal protection. However, Mr. 
President, I honestly cannot say that someone who purchases 15 to 20 
guns at one time is doing so for personal protection. Mr. President, 
when this provision goes into effect, maybe Interstate 95 will lose its 
nickname, the ``Iron Road,'' as it becomes more difficult to run guns 
from States with little gun control to States, like New Jersey, that 
already enjoy some of the protections in this bill.
  This bill also includes tough standards for Federal firearms dealers 
licenses. Federally licensed firearms dealers will have to pass strict 
background checks and meet all State and local laws. This will help 
guard against rogue gun dealers, who illegally sell thousands of 
firearms to drug gangs and violent criminals.
  Mr. President, this legislation also imposes stiff penalties on gun 
thieves. It further requires that dealers provide adequate security 
against theft from the dealer's place of business.
  Mr. President, this bill also increases the licensing fees for 
federally licensed firearm dealers to $3,000 over a 3-year period. 
Today, there are more gun dealers than grocery stores. This is 
outrageous, and I hope this bill will change that situation.
  Mr. President, the first anniversary of the Brady law recently 
passed. The Bureau of Alcohol, Tobacco and Firearms [ATF] estimates 
that the number of applications to purchase handguns that were denied 
in the Brady States nationwide was approximately 41,000. In a survey of 
selected jurisdictions, ATF found that more that 15,500 persons who 
applied to purchase handguns, including 4,365 convicted felons and 945 
fugitives, had their applications denied.
  Of equal importance, Mr. President, is the fact that as a result of 
enforcement of the Brady law and provisions in the Federal crime bill, 
there are now more gas stations than gun dealers in this country. As 
incredible as it sounds, Mr. President, just a few years ago there were 
more gun dealers than gas stations in America. These encouraging 
results, Mr. President, indicate that with strong legislation and tough 
enforcement, we can win the war on senseless gun violence.
  In closing, Mr. President, we must continue our fight to end the 
death and destruction of our children and our families, which is too 
easily becoming a fact of life in our cities and towns. I urge support 
for this responsible handgun licensing and registration legislation.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 631
       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 ``Handgun Control and Violence 
     Prevention Act of 1995''.

     SEC. 2. FINDINGS AND DECLARATIONS.

       The Congress finds and declares that--
       (1) crimes committed with firearms threaten the peace and 
     domestic tranquility of the United States and threaten the 
     security and general welfare of the Nation and its people;
       (2) crimes committed with firearms, especially those 
     committed with handguns, have imposed a substantial burden on 
     interstate commerce;
       (3) firearms are easily transported across State boundaries 
     and, as a result, individual State action to regulate 
     firearms is made ineffective by lax regulation by other 
     States; and
       (4) it is necessary to establish uniform national laws 
     governing all aspects of the firearms industry, requiring 
     handgun licensing and registration, expanding the categories 
     of persons prohibited from possessing firearms, limiting 
     Federal firearms licensees to bona fide importers, 
     manufacturers, and dealers, 
     [[Page S4665]] and prohibiting the sale of semiautomatic 
     assault weapons and other dangerous weapons.

     SEC. 3. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Findings and declarations.
Sec. 3. Table of contents.

                   TITLE I--NATIONAL HANDGUN CONTROLS

Sec. 101. State license required to receive a handgun.
Sec. 102. Prohibition of multiple handgun transfers.
Sec. 103. Prohibition of engaging in the business of dealing in 
              handguns without specific authorization; requirement that 
              authorization be provided if applicant demonstrates 
              significant unmet economic demand.

                TITLE II--TRACING OF GUNS USED IN CRIMES

Sec. 201. Dealer assistance with tracing of firearms.
Sec. 202. Computerization of records.
Sec. 203. Interstate transportation of firearms.
Sec. 204. Gun running.
Sec. 205. Handgun barrel registration.
Sec. 206. National Firearms Tracing Center.

                    TITLE III--DEALER RESPONSIBILITY

Sec. 301. Compliance with State and local firearms licensing laws as 
              condition to issuance of Federal firearms license.
Sec. 302. Background investigation of licensees.
Sec. 303. Increased license fees for dealers.
Sec. 304. Increased penalties for making knowingly false statements in 
              connection with firearms.
Sec. 305. Dealer inspections.
Sec. 306. Gun shows.
Sec. 307. Acquisition and disposition records of dealers suspected of 
              serving as sources of illegal firearms.
Sec. 308. Dealer responsibility for sales to felons or minors.
Sec. 309. Interstate shipment of firearms.

                      TITLE IV--THEFT OF FIREARMS

Sec. 401. Dealer reporting of firearm thefts.
Sec. 402. Theft of firearms or explosives.
Sec. 403. Theft of firearms or explosives from licensee.
Sec. 404. Security of licensed firearms dealers.

                         TITLE V--ARMED FELONS

Sec. 501. Denial of administrative relief from certain firearms 
              prohibitions; inadmissibility of additional evidence in 
              judicial review of denials of such administrative relief 
              for other persons.
Sec. 502. Clarification of definition of conviction.
Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a 
              crime of violence or a drug trafficking crime.
Sec. 504. Violation of firearms laws in aid of drug trafficking.
Sec. 505. Mandatory penalties for firearms possession by violent felons 
              and serious drug offenders.

                    TITLE VI--VIOLENT MISDEMEANANTS

Sec. 601. Prohibition of disposal of firearms or ammunition to, or 
              receipt of firearms or ammunition by, persons convicted 
              of a violent crime or subject to a protection order.

                         TITLE VII--AMMUNITION

Sec. 701. Federal license to deal in ammunition.
Sec. 702. Regulation of the manufacture, importation, and sale of 
              certain particularly dangerous bullets.
                   TITLE I--NATIONAL HANDGUN CONTROLS

     SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(y)(1) It shall be unlawful for any person to sell, 
     deliver, or otherwise transfer a handgun to an individual who 
     is not licensed under section 923 unless--
       ``(A) the transferor (or a licensed dealer, if State law so 
     directs or allows) has verified that the transferee possesses 
     a valid State handgun license by--
       ``(i) examining the State handgun license;
       ``(ii) examining, in addition to the State handgun license, 
     a valid identification document (as defined in section 
     1028(d)) containing a photograph of the transferee; and
       ``(iii) contacting the chief law enforcement officer of the 
     State that issued the State handgun license to confirm that 
     the State handgun license has not been revoked; and
       ``(B) the transferor (or licensed dealer) has provided to 
     the chief law enforcement officer of the State in which the 
     transfer is to take place a completed State handgun 
     registration form for the handgun to be transferred.
       ``(2) It shall be unlawful for any person to sell, deliver, 
     or otherwise transfer handgun ammunition to an individual who 
     is not licensed under section 923 unless the transferor (or 
     licensed dealer, if State law so directs or allows) has 
     verified that the transferee possesses a valid State handgun 
     license by--
       ``(A) examining the State handgun license; and
       ``(B) examining, in addition to the State handgun license, 
     a valid identification document (as defined in section 
     1028(d)) containing a photograph of the transferee.
       ``(3) It shall be unlawful for any individual who is not 
     licensed under section 923 to receive a handgun or handgun 
     ammunition unless the individual possesses a valid State 
     handgun license.
       ``(4) As used in this subsection, the term `chief law 
     enforcement officer of the State' means the chief, or 
     equivalent officer, of the State police force, or the 
     designee of that officer.
       ``(5) As used in this subsection, the term `State handgun 
     license' means a license issued under a State law that, at a 
     minimum, meets the following requirements:
       ``(A) The State law provides that--
       ``(i) the chief law enforcement officer of the State shall 
     issue State handgun licenses, which shall meet such 
     requirements as to form, appearance, and security against 
     forgery as are prescribed by the Secretary in regulations, in 
     accordance with such procedures as are prescribed by the 
     Secretary in regulations;
       ``(ii) the State handgun license issued to a licensee shall 
     contain--
       ``(I) the name, address, date of birth, physical 
     description, and a photograph of the licensee; and
       ``(II) a unique license number; and
       ``(iii) a State handgun license shall be valid for a period 
     of not more than 2 years from the date of issue, unless 
     revoked.
       ``(B) The State law provides that a State handgun license 
     may not be issued unless the chief law enforcement officer of 
     the State determines that the applicant--
       ``(i) is at least 21 years of age;
       ``(ii) is a resident of the State, by examining, at a 
     minimum, in addition to a valid identification document (as 
     defined in section 1028(d)), documentation such as a utility 
     bill or lease agreement;
       ``(iii) is not prohibited from possessing or receiving a 
     handgun under Federal, State, or local law, based upon name- 
     and fingerprint-based research in all available Federal, 
     State, and local recordkeeping systems, including the 
     national instant criminal background check system established 
     by the Attorney General pursuant to section 103 of the Brady 
     Handgun Violence Prevention Act; and
       ``(iv) has been issued a State handgun safety certificate.
       ``(D) The State law may authorize the chief law enforcement 
     officer of the State to charge a fee for the issuance of a 
     State handgun license.
       ``(E) The State law provides that, if the chief law 
     enforcement officer of the State determines that an 
     individual is ineligible to receive a State handgun license 
     and the individual in writing requests the officer to provide 
     the reasons for that determination, the officer shall provide 
     the reasons to the individual in writing not later than 20 
     business days after receipt of the request.
       ``(F)(i) The State law provides for the revocation of a 
     State handgun license issued by the chief law enforcement 
     officer of the State if the chief law enforcement officer 
     determines that the licensee no longer satisfies 1 or more of 
     the conditions set forth in subparagraph (B).
       ``(ii) The State law provides that, not later than 10 days 
     after a person possessing a State handgun license that has 
     been revoked receives notice of the revocation, the person 
     shall return the license to the chief law enforcement officer 
     who issued the license.
       ``(G)(i) The State law provides that, not later than 24 
     hours after a State handgun licensee discovers that a handgun 
     has been stolen from or lost by the licensee, the licensee 
     shall report the theft or loss to--
       ``(I) the Secretary;
       ``(II) the chief law enforcement officer of the State; and
       ``(III) appropriate local authorities.
       ``(ii) The State law shall provide that failure to make the 
     reports described in clause (i) shall be punishable by a 
     civil penalty of not less than $1,000.
       ``(6) As used in this subsection, the term `State handgun 
     registration form' means a handgun registration form 
     prescribed under a State law that, at a minimum, meets the 
     following requirements:
       ``(A) The State law provides that a handgun registration 
     form shall not be considered completed by an individual with 
     respect to a handgun, unless the form contains, at a 
     minimum--
       ``(i) information identifying the individual, including the 
     name, address, date of birth, and number on the State handgun 
     license issued to the individual; and
       ``(ii) information identifying the handgun, including the 
     make, model, caliber, and serial number of the handgun.
       ``(B) The State law provides that the chief law enforcement 
     officer of the State shall furnish information from completed 
     handgun registration forms to Federal, State, and local law 
     enforcement authorities upon request.
       ``(C) The State law may authorize the chief law enforcement 
     officer of the State to charge a fee for the registration of 
     a handgun.
       ``(7) As used in this subsection, the term `State handgun 
     safety certificate' means a certificate issued under a State 
     law that, at a minimum, meets the following requirements:
       ``(A) The State law provides that the chief law enforcement 
     officer of the State shall issue State handgun safety 
     certificates.
       ``(B) The State law provides that a State handgun safety 
     certificate is not to be issued 
     [[Page S4666]] to an applicant, unless the chief law 
     enforcement officer of the State determines that the 
     applicant--
       ``(i) is a resident of the State, by examining, at a 
     minimum, in addition to a valid identification document (as 
     defined in section 1028(d)), documentation such as a utility 
     bill or lease agreement;
       ``(ii) has completed a course of not less than 2 hours of 
     instruction in handgun safety, that was taught by law 
     enforcement officers and designed by the chief law 
     enforcement officer; and
       ``(iii) has passed an examination, designed by the chief 
     law enforcement officer, testing the applicant's knowledge of 
     handgun safety.
       ``(C) The State law may authorize the chief law enforcement 
     officer of the State to charge a fee for the handgun safety 
     course and examination described in subparagraph (B).''.
       (b) Definition of Handgun Ammunition.--Section 921(a) of 
     title 18, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(33) The term `handgun ammunition' means--
       ``(A) a centerfire cartridge or cartridge case less than 
     1.3 inches in length; or
       ``(B) a primer, bullet, or propellent powder designed 
     specifically for use in a handgun.''.
       (c) Regulations.--Section 926 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d) The Secretary shall, for purposes of section 922(y), 
     prescribe regulations--
       ``(1) governing the form and appearance of State handgun 
     licenses;
       ``(2) establishing minimum standards that such licenses 
     must meet to be secure against forgery; and
       ``(3) establishing minimum standards that States must meet 
     in issuing such licenses in order to prevent fraud or theft 
     of such licenses.''.
       (d) Penalties for Violations of Section 922(y) of Title 
     18.--Section 924(a)(1)(B) of title 18, United States Code, is 
     amended by striking ``or (w)'' and inserting ``(w), or (y)''.
       (e) Technical Correction to Brady Act.--Section 
     922(t)(1)(B)(ii) of title 18, United States Code, is amended 
     by inserting ``or State law'' after ``section''.
       (f) Effective Date.--The amendments made by this section 
     shall become effective on the date that is 180 days after the 
     date of enactment of this Act.
       (g) Funding.--
       (1) Grants for establishing systems of licensing and 
     registration.--The Attorney General shall, subject to the 
     availability of appropriations, make a grant to each State 
     (as defined in section 921(a)(2) of title 18, United States 
     Code) to be used for the initial startup costs associated 
     with establishing a system of licensing and registration 
     consistent with the requirements of section 922(y) of title 
     18, United States Code, as added by subsection (a).
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated for grants under paragraph (1) not more 
     than $200,000,000, to remain available until expended.

     SEC. 102. PROHIBITION OF MULTIPLE HANDGUN TRANSFERS.

       Section 922 of title 18, United States Code, as amended by 
     section 101(a), is amended by adding at the end the following 
     new subsection:
       ``(z)(1) It shall be unlawful for any licensed dealer--
       ``(A) during any 30-day period, to sell 2 or more handguns 
     to an individual who is not licensed under section 923; or
       ``(B) to sell a handgun to an individual who is not 
     licensed under section 923 and who purchased a handgun during 
     the 30-day period ending on the date of the sale.
       ``(2) It shall be unlawful for any individual who is not 
     licensed under section 923 to purchase 2 or more handguns 
     during any 30-day period.
       ``(3) Paragraph (1) shall not apply to an exchange (with or 
     without consideration) of a handgun for a handgun.''.

     SEC. 103. PROHIBITION OF ENGAGING IN THE BUSINESS OF DEALING 
                   IN HANDGUNS WITHOUT SPECIFIC AUTHORIZATION; 
                   REQUIREMENT THAT AUTHORIZATION BE PROVIDED IF 
                   APPLICANT DEMONSTRATES SIGNIFICANT UNMET 
                   ECONOMIC DEMAND.

       (a) Prohibition Against Engaging in the Business of Dealing 
     in Handguns Without Specific Authorization.--Section 
     922(a)(1) of title 18, United States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) to engage in the business of dealing in handguns, or 
     in the course of such business, to ship, transport, or 
     receive any handgun in interstate or foreign commerce, unless 
     the person is specifically authorized to do so under section 
     923(d)(2)(A); or''.
       (b) Requirement That Authorization Be Provided if Applicant 
     Demonstrates That It Is in the Public Interest.--Section 
     923(d) of title 18, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2)(A) The Secretary shall authorize a licensed dealer 
     (or a person whose application for a license to engage in the 
     business of dealing in firearms is required to be approved by 
     the Secretary) to engage in the business of dealing in 
     handguns if the licensed dealer (or the applicant) 
     demonstrates to the Secretary, in accordance with regulations 
     that the Secretary shall prescribe, that there is significant 
     unmet lawful demand for handguns in the market area (as 
     defined by the Secretary) served by the licensed dealer (or 
     to be served by the applicant).
       ``(B) For purposes of paragraph (3) of this subsection and 
     subsections (e) and (f), a request for authority to engage in 
     the business of dealing in handguns shall be considered to be 
     an application for a license under this section, and the 
     provision of such authority shall be considered to be the 
     issuance of such a license.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     that is 1 year after the date of enactment of this Act.
       (2) 2-year grandfathering of licensed dealers.--During the 
     2-year period that begins on the effective date specified in 
     paragraph (1), the amendments made by this section shall not 
     apply to any person who, on the effective date, is a licensed 
     dealer (as defined in section 921(a)(11) of title 18, United 
     States Code).
                TITLE II--TRACING OF GUNS USED IN CRIMES

     SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIREARMS.

       (a) Provision of Record Information.--Section 923(g) of 
     title 18, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(8) Each licensee shall, at such times and under such 
     conditions as the Secretary shall prescribe by regulation, 
     provide all record information required to be kept by this 
     chapter, or such lesser information as the Secretary may 
     specify, as may be required for determining the disposition 
     of a firearm in the course of a law enforcement 
     investigation.''.
       (b) No Criminal Penalty.--Section 924(a)(1)(D) of title 18, 
     United States Code, is amended by inserting ``, except 
     section 923(g)(6)'' after ``chapter''.

     SEC. 202. COMPUTERIZATION OF RECORDS.

       Section 926 of title 18, United States Code, as amended by 
     section 101(c), is amended--
       (1) in subsection (a), by striking the second sentence; and
       (2) by adding at the end the following new subsection:
       ``(e) The Director of the Bureau of Alcohol, Tobacco, and 
     Firearms shall centralize all records of receipts and 
     disposition of firearms obtained by the Bureau and maintain 
     such records in whatever manner will enable their most 
     efficient use in law enforcement investigations.''.

     SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

       Section 922(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3)(A) for any person not licensed under section 923 to 
     transport a firearm from one State into another State; but
       ``(B)(i) subparagraph (A) shall not preclude any person who 
     lawfully acquires a firearm by bequest or intestate 
     succession in a State other than the person's State of 
     residence from transporting the firearm into or receiving the 
     firearm in the person's State of residence, if it is lawful 
     for the person to possess the firearm in the person's State 
     of residence; and
       ``(ii) subparagraph (A) shall not apply to--
       ``(I) the transportation or receipt of any firearm obtained 
     in conformity with subsection (b)(3);
       ``(II) the transportation of any firearm acquired in any 
     State before the effective date of this chapter;
       ``(III) the transportation of any firearm in accordance 
     with section 926A; and
       ``(IV) the transportation of any firearm, under contract or 
     agreement with a person licensed under section 923, by a 
     person who ships or transports goods in the ordinary course 
     of business;''.

     SEC. 204. GUN RUNNING.

       (a) Prohibitions.--Section 922 of title 18, United States 
     Code, as amended by section 102, is amended by adding at the 
     end the following new subsection:
       ``(aa) It shall be unlawful for a person not licensed under 
     section 923 to receive a firearm with the intent to transfer 
     the firearm for profit.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6)(A) Except as provided in subparagraph (B), a person 
     who violates section 922(aa) shall be fined under this title, 
     imprisoned not less than 6 months and not more than 3 years, 
     or both.
       ``(B) A person who violates section 922(aa) with respect to 
     5 or more firearms during a 30-day period shall be fined 
     under this title, imprisoned not less than 3 years, or 
     both.''.

     SEC. 205. HANDGUN BARREL REGISTRATION.

       Section 923(i) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(i)''; and
       (2) by adding at the end the following:
       ``(2) Each licensed manufacturer shall, in accordance with 
     regulations prescribed by the Secretary--
       ``(A) maintain records of the ballistics of handgun barrels 
     made by the licensed manufacturer and of the serial numbers 
     of such barrels; and
     [[Page S4667]]   ``(B) make such records available to the 
     Secretary.''.

     SEC. 206. NATIONAL FIREARMS TRACING CENTER.

       (a) Establishment.--The Secretary of the Treasury shall 
     establish in the Bureau of Alcohol, Tobacco, and Firearms a 
     National Firearms Tracing Center, which shall be operated for 
     the purpose of tracing the chain of possession of firearms 
     and ammunition used in crimes.
       (b) Authorization of Appropriations.--For the establishment 
     and operation of the National Firearms Tracing Center there 
     are authorized to be appropriated to the Secretary of the 
     Treasury $20,000,000 for each of fiscal years 1995, 1996, and 
     1997.
                    TITLE III--DEALER RESPONSIBILITY

     SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING 
                   LAWS AS CONDITION TO ISSUANCE OF FEDERAL 
                   FIREARMS LICENSE.

       Section 923(d)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) in the case of an application for a license to engage 
     in the business of dealing in firearms--
       ``(i) the applicant has complied with all requirements 
     imposed on persons desiring to engage in such a business by 
     the State and political subdivision of the State in which the 
     applicant conducts or intends to conduct such business;
       ``(ii) the business to be conducted pursuant to the license 
     is not prohibited by the law of the State or locality in 
     which the business premises is located; and
       ``(iii) the application includes a written statement that--
       ``(I) is signed by the chief of police of the locality, or 
     the sheriff of the county, in which the applicant conducts or 
     intends to conduct such business, the head of the State 
     police of such State, or any official designated by the 
     Secretary; and
       ``(II) certifies that the information available to the 
     signer of the statement does not indicate that the applicant 
     is ineligible to obtain such a license under the law of such 
     State and locality.''.

     SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

       (a) In General.--Section 923(d)(1)(B) of title 18, United 
     States Code, is amended--
       (1) by inserting ``after a thorough investigation of'' 
     before ``the applicant''; and
       (2) by striking ``association)'' and inserting 
     ``association), which investigation shall include checking 
     the applicant's fingerprints against all appropriate 
     compilations of criminal records, the Secretary determines 
     that the applicant''.
       (b) Inspection of Applicant's Premises.--Section 923(d)(1) 
     of title 18, United States Code, as amended by section 301, 
     is amended--
       (1) by striking ``and'' at the end of subparagraph (F);
       (2) by striking the period at the end of subparagraph (G) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(H) the Secretary has conducted an inspection of the 
     place at which the applicant is to conduct business pursuant 
     to the license.''.
       (c) Business Premises Required of Applicant.--Section 
     923(d)(1)(E) of title 18, United States Code, is amended by 
     inserting ``business'' after ``(i)''.
       (d) Extension of Period for Approving or Denying 
     Application.--Section 923(d)(3) of title 18, United States 
     Code, as redesignated by section 103(b), is amended by 
     striking ``60-day'' and inserting ``180-day''.

     SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

       Section 923(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3) If the applicant--
       ``(A) is a dealer in destructive devices or ammunition for 
     destructive devices, a fee of $2,000 per year; or
       ``(B) is a dealer not described in subparagraph (A), a fee 
     of $3,000 for 3 years.''.

     SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE 
                   STATEMENTS IN CONNECTION WITH FIREARMS.

       Section 924(a)(3) of title 18, United States Code, is 
     amended by striking ``one year'' and inserting ``10 years''.

     SEC. 305. DEALER INSPECTIONS.

       Section 923(g)(1)(B) of title 18, United States Code, is 
     amended by striking all after ``warrant--'' and inserting `` 
     as necessary to ensure compliance with this chapter, to 
     further a criminal investigation, or to determine the 
     disposition of one or more particular firearms.''.

     SEC. 306. GUN SHOWS.

       (a) Prohibition of Certain Handgun Transfers at Gun 
     Shows.--Section 922(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; or''; and
       (3) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) any handgun to any person who is not a licensed 
     importer, licensed manufacturer, or licensed dealer, at any 
     place other than the location specified on the license of the 
     transferor.''.
       (b) Technical Amendments.--Section 923 of title 18, United 
     States Code, is amended--
       (1) in the first sentence of subsection (j), by inserting 
     ``, consistent with section 922(b)(6),'' before 
     ``temporarily''; and
       (2) by redesignating subsection (1), as added by section 
     110307 of the Violent Crime Control and Law Enforcement Act 
     of 1994, as subsection (l).

     SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF DEALERS 
                   SUSPECTED OF SERVING AS SOURCES OF ILLEGAL 
                   FIREARMS.

       Section 923(g)(1) of title 18, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(E) If the Secretary, during a 1-year period, has 
     identified a licensed dealer as the source of 3 or more 
     firearms that have been recovered by law enforcement 
     officials in criminal investigations, or if the Secretary has 
     reason to believe that a licensed dealer is a source of 
     firearms used in crimes, the Secretary may require the dealer 
     to produce any or all records maintained by the dealer of 
     acquisition and disposition of firearms, and may continue to 
     impose that requirement until the Secretary determines that 
     the dealer is not a source of firearms used in crimes.''.

     SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS OR 
                   MINORS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 922 the following 
     new section:

     ``Sec. 922A. Tort liability of licensed dealers

       ``(a)(1) Any person suffering physical injury arising from 
     a crime of violence (as defined in section 924(c)(3)) in 
     which a qualified firearm is used may bring an action in any 
     United States district court against any qualified licensed 
     dealer for damages and such other relief as the court 
     determines to be appropriate.
       ``(2) As used in paragraph (1), the term `qualified 
     firearm' means a firearm that--
       ``(A) has been transferred by a licensed dealer to a person 
     who--
       ``(i) has been convicted in any court of a crime punishable 
     by imprisonment for a term exceeding 1 year; or
       ``(ii) has not attained the age of 18 years; and
       ``(B) is subsequently used by any person in a crime of 
     violence (as defined in section 924(c)(3)).
       ``(3) As used in paragraph (1), the term `qualified 
     licensed dealer' means, with respect to a firearm, a licensed 
     dealer who transfers the firearm to a person, knowing or 
     having reasonable cause to believe that the person is 
     prohibited by Federal or State law from receiving the 
     firearm.
       ``(b)(1) The defendant in an action brought under 
     subsection (a) shall be held liable in tort, without regard 
     to fault or proof of defect, for all direct and consequential 
     damages arising from the crime of violence referred to 
     therein, except as provided in paragraph (2). The court, in 
     its discretion, may award punitive damages.
       ``(2) There shall be no liability under subsection (a) if 
     it is established by a preponderance of the evidence that the 
     plaintiff suffered the physical injury while committing the 
     crime of violence referred to therein.''.
       (b) Technical Amendment.--The chapter analysis for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 922 the following new 
     item:

``Sec. 922A. Tort liability of licensed dealers.''.
     SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

       Section 922(e) of title 18, United States Code, is 
     amended--
       (1) in the first sentence by striking ``It shall be'' and 
     inserting the following:
       ``(2) It shall be'';
       (2) in the second sentence by striking ``No common or 
     contract carrier'' and inserting the following:
       ``(3) No common or contract carrier'';
       (3) by inserting ``(1) Any common or contract carrier that 
     undertakes to transport or deliver firearms in interstate or 
     foreign commerce shall, not less frequently than monthly, 
     obtain from the Secretary a list of licensed dealers. The 
     Secretary shall provide to any common or contract carrier, 
     upon request and without charge, a list of licensed dealers 
     and their license numbers.'' after ``(e)'';
       (4) in paragraph (2), as designated by paragraph (1)--
       (A) by striking ``, to persons other than licensed 
     importers, licensed manufacturers, licensed dealers, or 
     licensed collectors,''; and
       (B) by striking ``ammunition'' the first place it appears 
     and all that follows through ``passenger'' and inserting 
     ``ammunition--
       ``(A) without providing written notice to the carrier that 
     the firearm or ammunition is being transported or shipped; 
     and
       ``(B) if the intended recipient of the package or container 
     is a licensed dealer, providing written notice of the 
     dealer's license number,

     except that any passenger''; and
       (5) by adding at the end the following new paragraph:
       ``(4) A common or contract carrier shall be considered to 
     have cause to believe that a shipment of firearms would 
     violate this chapter if it is alleged to the carrier that the 
     intended recipient of the shipment is a licensed dealer and 
     the carrier fails to verify that the intended recipient is a 
     licensed dealer.''.
               [[Page S4668]] TITLE IV--THEFT OF FIREARMS

     SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

       Section 923(g)(6) of title 18, United States Code, is 
     amended to read as follows:
       ``(6) Each licensee shall report to the Secretary, and to 
     the chief law enforcement officer (as defined in section 
     922(s)(8)) of the locality in which the premises specified on 
     the license is located, any theft of firearms from the 
     licensee, as soon as practicable after discovery of the 
     theft, but in no event later than the close of business on 
     the first business day after the day on which the licensee 
     discovers the theft.''.

     SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

       (a) Firearms.--Section 924 of title 18, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(o) A person who steals any firearm that is moving as, or 
     is a part of, or that has moved in, interstate or foreign 
     commerce shall be fined under this title, imprisoned not less 
     than 2 nor more than 10 years, or both.''.
       (b) Explosives.--Section 844 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(n) A person who steals any explosive materials that are 
     moving as, or are a part of, or that have moved in, 
     interstate or foreign commerce shall be fined under this 
     title, imprisoned not less than 2 nor more than 10 years, or 
     both.''.

     SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

       (a) Firearms.--Section 924 of title 18, United States Code, 
     as amended by section 402(a), is amended by adding at the end 
     the following new subsection:
       ``(p) A person who steals any firearm from a licensed 
     importer, licensed manufacturer, licensed dealer, or licensed 
     collector shall be fined under this title, imprisoned not 
     more than 10 years, or both.''.
       (b) Explosives.--Section 844 of title 18, United States 
     Code, as amended by section 402(b), is amended by adding at 
     the end the following new subsection:
       ``(o) A person who steals explosive materials from a 
     licensed importer, licensed manufacturer, licensed dealer, or 
     any permittee shall be fined under this title, imprisoned not 
     more than 10 years, or both.''.

     SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

       (a) Requirement.--Section 923 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m) A licensed dealer shall provide for security against 
     theft of firearms from the dealer's business premises, in 
     accordance with regulations prescribed by the Secretary.''.
       (b) Denial of Dealer's License.--Section 923(d)(1)(G) of 
     title 18, United States Code, as added by section 301(3), and 
     amended by section 302(b)(2), of this Act, is amended--
       (1) by striking ``and'' at the end of clause (ii);
       (2) by striking the period at the end of clause (iii) and 
     inserting ``; and''; and
       (3) by adding at the end the following new clause:
       ``(iv) the applicant has provided for security against 
     theft of firearms from the place at which business is to be 
     conducted pursuant to the license, in accordance with 
     regulations prescribed under subsection (m).''.
                         TITLE V--ARMED FELONS

     SEC. 501. DENIAL OF ADMINISTRATIVE RELIEF FROM CERTAIN 
                   FIREARMS PROHIBITIONS; INADMISSIBILITY OF 
                   ADDITIONAL EVIDENCE IN JUDICIAL REVIEW OF 
                   DENIALS OF SUCH ADMINISTRATIVE RELIEF FOR OTHER 
                   PERSONS.

       (a) In General.--Section 925(c) of title 18, United States 
     Code, is amended--
       (1) in the first sentence--
       (A) by inserting ``(1)'' before ``A person'';
       (B) by inserting ``(as defined in section 921(a)(1) (other 
     than an individual))'' before ``who is prohibited''; and
       (C) by striking ``his'' and inserting ``the Secretary's'';
       (2) by striking the second and third sentences;
       (3) in the fourth sentence--
       (A) by striking ``A licensed importer'' and inserting the 
     following:
       ``(2) A licensed importer'';
       (B) by inserting ``person (as defined in section 921(a)(1) 
     (other than an individual)) who is a'' before ``licensed 
     importer''; and
       (C) by striking ``his'' and inserting ``the person's''; and
       (4) by amending the fifth sentence to read as follows:
       ``(3) When the Secretary grants relief to a person under 
     this section, the Secretary shall promptly publish in the 
     Federal Register a notice of the action, which shall 
     include--
       ``(A) the name of the person;
       ``(B) the disability with respect to which the relief is 
     granted, and, if the disability was imposed by reason of a 
     criminal conviction of the person, the crime for which, and 
     the court in which, the person was convicted; and
       ``(C) the reasons for the action.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to--
       (1) applications for administrative relief, and actions for 
     judicial review, that are pending on or after the date of 
     enactment of this Act; and
       (2) applications for administrative relief filed, and 
     actions for judicial review brought, on or after the date of 
     enactment of this Act.

     SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

       Section 921(a)(20) of title 18, United States Code, is 
     amended--
       (1) in the first sentence--
       (A) by inserting ``(A)'' after ``(20)''; and
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) in the second sentence by striking ``What'' and 
     inserting the following:
       ``(B) What''; and
       (3) by striking the third sentence and inserting the 
     following:
       ``(C) A State conviction that has been expunged or set 
     aside, or for which a person has been pardoned or has had 
     civil rights restored, shall not be considered to be a 
     conviction for purposes of this chapter if--
       ``(i) the expungement, setting aside, pardon, or 
     restoration of civil rights applies to a named person and 
     expressly authorizes the person to ship, transport, receive, 
     and possess firearms; and
       ``(ii) the State authority granting the expungement, 
     setting aside, pardon, or restoration of civil rights has 
     expressly determined that the circumstances regarding the 
     conviction, and the person's record and reputation, are such 
     that--
       ``(I) the applicant will not be likely to act in a manner 
     that is dangerous to public safety; and
       ``(II) the granting of the relief would not be contrary to 
     the public interest.
       ``(D) Subparagraph (C) shall not apply to a conviction for 
     a violent felony (as defined in section 924(e)(2)(B)) or a 
     serious drug offense (as defined in section 924(e)(2)(A)).''.

     SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM 
                   DURING A CRIME OF VIOLENCE OR A DRUG 
                   TRAFFICKING CRIME.

       (a) In General.--Section 924(c)(1) of title 18, United 
     States Code, is amended by striking ``and if the firearm is a 
     short-barreled rifle, short-barreled shotgun'' and inserting 
     ``if the firearm is a semiautomatic firearm, a short-barreled 
     rifle, or a short-barreled shotgun,''.
       (b) Semiautomatic Firearm.--Section 921(a) of title 18, 
     United States Code, as amended by section 101(b), is amended 
     by adding at the end the following new paragraph:
       ``(34) The term `semiautomatic firearm' means a repeating 
     firearm that--
       ``(A) utilizes a portion of the energy of a firing 
     cartridge to extract the fired cartridge case and chamber the 
     next round; and
       ``(B) requires a separate pull of the trigger to fire each 
     cartridge.''.

     SEC. 504. VIOLATION OF FIREARMS LAWS IN AID OF DRUG 
                   TRAFFICKING.

       Section 924(j) of title 18, United States Code, is amended 
     to read as follows:
       ``(j)(1) A person who, with the intent to engage in or to 
     promote conduct described in paragraph (2), violates any 
     provision of this chapter or attempts to do so shall be 
     imprisoned not more than 10 years, fined under this title, or 
     both.
       ``(2) Conduct is described in this paragraph if it is 
     conduct that--
       ``(A) is punishable under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1901 et seq.);
       ``(B) violates any law of a State relating to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act, 21 U.S.C. 802); or
       ``(C) constitutes a crime of violence (as defined in 
     subsection (c)(3)).''.

     SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY 
                   VIOLENT FELONS AND SERIOUS DRUG OFFENDERS.

       (a) One Prior Conviction.--Section 924(a)(2) of title 18, 
     United States Code, is amended by inserting ``, and if the 
     violation is of section 922(g)(1) by a person who has a 
     previous conviction for a violent felony or a serious drug 
     offense (as defined in subsection (e)(2) (A) and (B)), a 
     sentence imposed under this paragraph shall include an 
     additional term of imprisonment of not less than 5 years'' 
     before the period.
       (b) Two Prior Convictions.--Section 924 of title 18, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(q)(1) Notwithstanding subsection (a)(2), a person who 
     violates section 922(g) and has 2 previous convictions by any 
     court for a violent felony (as defined in subsection 
     (e)(2)(B)) or a serious drug offense (as defined in 
     subsection (e)(2)(A)), for which a term of imprisonment 
     exceeding 1 year has been imposed, committed on occasions 
     different from one another shall be fined under this title, 
     imprisoned not less than 10 nor more than 20 years, or both.
       ``(2) Notwithstanding any other law, the court shall not 
     suspend the sentence of, or grant a probationary sentence to, 
     a person described in paragraph (1) with respect to the 
     conviction under section 922(g).''.
       (c) Technical Correction.--Section 924 of title 18, United 
     States Code, is amended by redesignating paragraph (5), as 
     added by section 110201(b)(2) of the Violent Crime Control 
     [[Page S4669]] and Law Enforcement Act of 1994, as paragraph 
     (6).
                    TITLE VI--VIOLENT MISDEMEANANTS

     SEC. 601. PROHIBITION OF DISPOSAL OF FIREARMS OR AMMUNITION 
                   TO, OR RECEIPT OF FIREARMS OR AMMUNITION BY, 
                   PERSONS CONVICTED OF A VIOLENT CRIME OR SUBJECT 
                   TO A PROTECTION ORDER.

       (a) Prohibition of Disposal.--Section 922(d) of title 18, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon; and
       (3) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) has been convicted in any court of an offense that--
       ``(A) is punishable by imprisonment for more than 6 months; 
     and
       ``(B)(i) has, as an element, the use, attempted use, or 
     threatened use of physical force against another person; or
       ``(ii) by its nature, involves a substantial risk that 
     physical force against a person described in subparagraph (A) 
     may be used in the course of committing the offense; or
       ``(10) is required, pursuant to an order issued by a court 
     in a case involving the use, attempted use, or threatened use 
     of physical force against another person, to refrain from 
     contact with or maintain a minimum distance from that 
     person.''.
       (b) Prohibition of Receipt.--Section 922(g) of title 18, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (7);
       (2) by striking the comma at the end of paragraph (8) and 
     inserting a semicolon; and
       (3) by inserting immediately after paragraph (8) the 
     following new paragraphs:
       ``(9) who has been convicted in any court of an offense 
     that--
       ``(A) is punishable by imprisonment for more than 6 months; 
     and
       ``(B)(i) has, as an element, the use, attempted use, or 
     threatened use of physical force against another person; or
       ``(ii) by its nature, involves a substantial risk that 
     physical force against a person described in subparagraph (A) 
     may be used in the course of committing the offense; or
       ``(10) who is required, pursuant to an order issued by a 
     court in a case involving the use, attempted use, or 
     threatened use of physical force against another person, to 
     refrain from contact with or maintain a minimum distance from 
     that person,''.
                         TITLE VII--AMMUNITION

     SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.

       (a) Definitions.--
       (1) Dealer.--Section 921(a)(11)(A) of title 18, United 
     States Code, is amended by inserting ``or ammunition'' after 
     ``firearms''.
       (2) Collector.--Section 921(a)(13) of title 18, United 
     States Code, is amended by inserting ``or ammunition'' after 
     ``firearms''.
       (3) Engaged in the business.--Section 921(a)(21) of title 
     18, United States Code, is amended--
       (A) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (B) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) as applied to a dealer in ammunition, a person who 
     devotes time, attention, and labor to engaging in such 
     activity as a regular course of trade or business with the 
     principal objective of livelihood and profit through the 
     repetitive purchase and resale of ammunition, but such term 
     does not include a person who makes occasional sales, 
     exchanges, or purchases of ammunition for the enhancement of 
     a personal collection or for a hobby, or who sells all or 
     part of the person's personal collection of ammunition;''.
       (b) Prohibitions.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1) (as amended by section 103(a))--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) except a licensed importer, licensed manufacturer, or 
     licensed dealer, to engage in the business of importing, 
     manufacturing, or dealing in firearms or ammunition, or in 
     the course of such business to ship, transport, or receive 
     any firearm or ammunition in interstate or foreign commerce; 
     or'';
       (ii) by striking ``; or'' at the end of subparagraph (B) 
     and inserting a period; and
       (iii) by striking subparagraph (C);
       (B) in paragraphs (2), (3), and (5) by inserting ``or 
     ammunition'' after ``firearm'' each place it appears;
       (2) in subsection (b)(3)--
       (A) by inserting ``or ammunition'' after ``firearm'' each 
     place it appears; and
       (B) by inserting ``, or ammunition for a rifle or 
     shotgun,'' after ``shotgun'';
       (3) in subsection (c)--
       (A) by inserting ``or ammunition'' after ``firearm'' the 
     first, third, fourth, fifth, sixth, and seventh places it 
     appears;
       (B) by inserting ``or any ammunition other than for a 
     shotgun or rifle,'' after ``rifle,'' the first place it 
     appears; and
       (C) by inserting ``or ammunition for a shotgun or rifle,'' 
     after ``rifle,'' the second place it appears;
       (4) in subsection (e) (as amended by section 309) by 
     inserting ``or ammunition'' after ``firearms'' each place it 
     appears; and
       (5) in subsection (q)(2)--
       (A) in subparagraph (A) by inserting ``or ammunition'' 
     after ``firearm''; and
       (B) by adding at the end the following new subparagraph:
       ``(C) Subparagraph (A) shall not apply to the possession of 
     ammunition--
       ``(i) on private property not part of school grounds;
       ``(ii) if the individual possessing the ammunition is 
     licensed to do so by the State in which the school zone is 
     located or a political subdivision of the State, and the law 
     of the State requires that, before an individual obtain such 
     a license, the law enforcement authorities of the State or 
     political subdivision verify that the individual is qualified 
     under law to receive the license;
       ``(iii) that is in a locked container;
       ``(iv) by an individual for use in a program approved by a 
     school in the school zone;
       ``(v) by an individual in accordance with a contract 
     entered into between a school in the school zone and the 
     individual or an employer of the individual;
       ``(vi) by a law enforcement officer acting in the officer's 
     official capacity; or
       ``(vii) that is possessed by an individual while traversing 
     school premises for the purpose of gaining access to public 
     or private lands open to hunting, if the entry on school 
     premises is authorized by school authorities.''.
       (c) Licensing.--Section 923 of title 18, United States 
     Code, is amended--
       (1) in the first sentence of subsection (a) by striking 
     ``importing or manufacturing'';
       (2) in subsection (g)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by inserting ``and ammunition'' after ``firearms'' the 
     first place it appears;
       (II) by striking ``firearms'' the second place it appears; 
     and
       (III) by striking ``or any licensed importer or 
     manufacturer of ammunition,''; and

       (ii) in each of subparagraphs (B)(iii) and (C)(ii) by 
     inserting ``or rounds of ammunition'' after ``firearms''; and
       (B) in paragraph (2)--
       (i) by inserting ``or ammunition'' after ``firearm''; and
       (ii) by inserting ``or ammunition'' after ``firearms'';
       (C) in paragraph (8), as added by section 201(a), by 
     inserting ``or ammunition'' after ``firearm''; and
       (D) in paragraph (9), as added by section 401, by inserting 
     ``or ammunition'' after ``firearms'';
       (3) in subsection (d)(1)(G)(iv), as added by section 
     404(b), by inserting ``or rounds of ammunition'' after 
     ``firearms'';
       (4) in subsection (j)--
       (A) by inserting ``or ammunition'' after ``firearms'' the 
     second place it appears; and
       (B) by inserting ``and ammunition'' after ``firearms'' the 
     third place it appears; and
       (5) in subsection (m), as added by section 404(a), by 
     inserting ``or ammunition'' after ``firearms''.
       (d) Penalties.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (g) by inserting ``or ammunition'' after 
     ``firearm'';
       (2) in subsection (h) by inserting ``or ammunition'' after 
     ``firearm'' each place it appears;
       (3) in subsection (o), as added by section 402(a), by 
     inserting ``or ammunition'' after ``firearm''; and
       (4) in subsection (p), as added by section 403(a), by 
     inserting ``or ammunition'' after ``firearm''.
       (e) Interstate Transportation.--Section 926A of title 18, 
     United States Code, is amended--
       (1) in the section heading by inserting ``and ammunition'' 
     after ``firearms''; and
       (2) in the text by inserting ``or ammunition'' after 
     ``firearm'' in the first, second, third, and fourth places it 
     appears.
       (f) Possession in Federal Facilities.--Section 930 of title 
     18, United States Code, is amended--
       (1) in the section heading by inserting ``, ammunition,'' 
     after ``firearms'';
       (2) by inserting ``, ammunition,'' after ``firearm'' each 
     place it appears; and
       (3) in subsection (d)(3) by inserting ``, ammunition,'' 
     after ``firearms''.
       (g) Technical Amendments.--The chapter analysis for chapter 
     44 of title 18, United States Code, is amended--
       (1) in the item relating to section 926A by inserting ``and 
     ammunition'' after ``firearms''; and
       (2) in the item relating to section 930 by inserting ``, 
     ammunition,'' after ``firearms''.

     SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTATION, AND 
                   SALE OF CERTAIN PARTICULARLY DANGEROUS BULLETS.

       Section 921(a)(17) of title 18, United States Code, is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) The term `armor piercing ammunition'--
       ``(i) means--
       ``(I) a projectile or projectile core that may be used in a 
     handgun and that is constructed entirely (excluding the 
     presence of traces of other substances) from 1 or a 
     combination of tungsten alloys, steel, iron, brass, bronze, 
     beryllium copper, or depleted uranium;
       ``(II) a jacketed, hollow point projectile that may be used 
     in a handgun and the jacket of which is designed to produce, 
     upon impact, evenly spaced sharp or barb-like projections 
     that extend beyond the diameter of the unfired projectile; or
       ``(III) a jacketed projectile that may be used in a handgun 
     and the jacket of which 
     [[Page S4670]] has a weight of more than 25 percent of the 
     total weight of the projectile; but
       ``(ii) does not include--
       ``(I) shotgun shot required by Federal or State 
     environmental or game regulations for hunting purposes;
       ``(II) a frangible projectile designed for target shooting;
       ``(III) a projectile that the Secretary finds is primarily 
     intended to be used for sporting purposes; or
       ``(IV) any other projectile or projectile core that the 
     Secretary finds is intended to be used for industrial 
     purposes, including a charge used in an oil or gas well 
     perforating device.''.
     

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