[Congressional Record Volume 145, Number 65 (Thursday, May 6, 1999)]
[Senate]
[Pages S4907-S4914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





           THE INTERGOVERNMENTAL GAMING AGREEMENT ACT OF 1999

  Mr. CAMPBELL. Mr. President, today I introduce The Intergovernmental 
Gaming Agreement Act of 1999 to address an area of contention between 
tribes and states that centers on the ability of tribes to operate 
gaming activities on their lands.
  In 1988, virtually no one contemplated that Indian gaming would 
become the billion dollar industry that exists today, providing some 
tribes with much needed capital for development and employment 
opportunities where none previously existed.
  Because of gaming, some tribes have been very successful, fortunate 
mostly because of their geographical location. These tribes employ 
thousands of people, both Indian and non-Indian, and have greatly 
reduced the welfare rolls in their local area.
  It is extremely important for us to keep these facts, and the goals 
of the gaming statute in mind and to remember that where gaming exists, 
it provides a great opportunity for tribes to develop other business 
and development projects. However, it must also be recognized that not 
all tribes will find the keys to a brighter economic future in gaming.
  In the 1987 Cabazon case, the U.S. Supreme Court decided that tribes 
could operate casino style gaming without the consent or regulation of 
the state, in cases where the state otherwise allowed such gambling.
  In 1988, Congress passed the Indian Gaming Regulatory Act, otherwise 
known as ``IGRA'', as a compromise between states and tribes. IGRA was 
an attempt to allow tribes to continue to develop the gaming operations 
allowed under federal case law, but gave states for the first time the 
right to have some say in how those operations would be regulated.
  It was not Congress' intention in enacting IGRA to provide States 
with veto authority over a tribe's plans to develop gaming operations.
  Unfortunately, a few States have attempted to do just this, and at 
least two states have effectively prevented tribes from opening gaming 
operations by simply refusing to negotiate with them.
  A group of tribes and states has been attempting to negotiate their 
differences and have been doing so for some 18 months, to no avail. As 
the Committee on Indian Affairs knows well after numerous hearings, 
each side has presented demands in such a way that the other is simply 
unwilling to consider.
  I firmly believe The Intergovernmental Gaming Agreement Act of 1999 
will go a long way in solving this problem by encouraging full and fair 
negotiations and by allowing each side recourse to federal court at the 
critical stage in the mediation stage of the proposed process.
  The Intergovernmental Gaming Agreement Act of 1999 requires tribes to 
negotiate with states for purposes of concluding a class III gaming 
agreement. Only when states refuse to negotiate outright or reach an 
impasse during negotiations by failing to come to agreement within six 
months of the tribe's request for negotiation, can a tribe access the 
alternative procedures outlined in this bill.

[[Page S4908]]

  Once the tribe applies for procedures with the Secretary of the 
Interior, the Secretary first must attempt to reconcile state-tribal 
differences by referring the parties to mediation. Even when a tribe 
has applied to begin the procedure for developing a class III compact, 
the state has full and unfettered access to the procedure at every 
stage.
  This legislation allows the state to intervene in the process at the 
point of their choosing and, when all is said and done, the states have 
the right to challenge the outcome in federal district court.
  I ask unanimous consent that a copy of the bill be printed in the 
Record and urge my colleagues to support these reasonable and necessary 
amendments.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 985

       Be it enacted in 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 ``The Intergovernmental Gaming 
     Agreement Act of 1999''.

     SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.

       The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
     is amended--
  (1) by striking section 11, subsection (d) and inserting the 
following:
       ``(d)(1) Class III gaming activities shall be lawful on 
     Indian lands only if those activities are--
       ``(A) authorized by an ordinance or resolution that--
       ``(i) is adopted by the governing body of the Indian tribe 
     having jurisdiction over such lands,
       ``(ii) meets the requirements of subsection (b), and
       ``(iii) is approved by the Chairman,
       ``(B) located in a State that permits such gaming for any 
     purpose by any person, organization, or entity; and
       ``(C) authorized by a Compact that is approved pursuant to 
     tribal law by the governing body of the Indian tribe having 
     jurisdiction over those lands;
       ``(D) conducted in conformance with a compact that--
       ``(i) is in effect; and
       ``(ii) is--
       ``(I) entered into by an Indian tribe and a State and 
     approved by the Secretary under paragraph (3); or
       ``(II) issued by the Secretary under paragraph (3).
       ``(2)(A) If any Indian tribe proposes to engage in, or to 
     authorize any person or entity to engage in, a class III 
     gaming activity on Indians lands of the Indian tribe, the 
     governing body shall adopt and submit to the chairman an 
     ordinance or resolution that meets the requirements of 
     subsection (b).
       ``(B) The Chairman shall approve any ordinance or 
     resolution described in subparagraph (A), unless the Chairman 
     specifically determines that--
       ``(i) the ordinance or resolution was not adopted in 
     compliance with the governing documents of the Indian tribe, 
     or
       ``(ii) the tribal governing body was significantly and 
     unduly influenced in the adoption of such ordinance or 
     resolution by any person identified in section 12(e)(1)(D).
       ``(C) Upon approval of such an ordinance or resolution, the 
     Chairman shall publish in the Federal Register such ordinance 
     or resolution and the order of approval.
       ``(3) Compact Negotiations; Approval.--
       ``(A) In general.--
       ``(i) Compact negotiations.--Any tribe having jurisdiction 
     over lands upon which a class III gaming activity is to be 
     conducted may request the State in which those lands are 
     located to enter into negotiations for the purpose of 
     entering into a compact with that State governing conduct of 
     Class III gaming activities.
       ``(ii) Requirements for request for negotiations.--A 
     request for negotiations under clause (i) shall be in writing 
     and shall specify each gaming activity the Indian tribe 
     proposes for inclusion in the compact. Not later than 30 days 
     after receipt of the written request, the State shall respond 
     to the Indian tribe.
       ``(iii) Commencement of compact negotiations.--Compact 
     negotiations conducted under this paragraph shall commence 
     not later than 30 days after the date on which a response by 
     a State is due to the Indian tribe, and shall be completed 
     not later 120 days after the initiation of compact 
     negotiations, unless the State and the Indian tribe agree in 
     writing to a different period of time for the completion of 
     compact negotiations.
       ``(B) Negotiations.--
       ``(i) In general.--The Secretary shall, upon request of an 
     Indian tribe described in subparagraph (A)(i) that has not 
     reached an agreement with a State concerning a compact 
     referred to in that subparagraph (or with respect to an 
     Indian tribe described in clause (ii)(I)(bb) a compact) 
     during the applicable period under clause (ii) of this 
     subparagraph, initiate a mediation process to--
       ``(I) conclude a compact referred to in subparagraph 
     (A)(i); or
       ``(II) if necessary, provide for the issuance of procedures 
     by the Secretary to govern the conduct of the gaming referred 
     to in that subparagraph.
       ``(ii) Applicable period.-
       ``(I) In general.--Subject to subclause (II) the applicable 
     period described in this paragraph is--
       ``(aa) in the case of an Indian tribe that makes a request 
     for compact negotiations under subparagraph (A), the 180-day 
     period beginning on the date on which that Indian tribe makes 
     the request; and
       ``(bb) in the case of an Indian tribe that makes a request 
     to renew a compact to govern class III gaming activity on 
     Indian lands of that Indian tribe within the State that the 
     Indian tribe entered into prior to the date of enactment of 
     the Indian Gaming Regulatory Act of 1988, during the 60-day 
     period beginning on the date of that request.
       ``(II) Extension.--An Indian tribe and a State may agree to 
     extend an applicable period under this paragraph beyond the 
     applicable termination date specified in item (aa) or (bb) of 
     subclause (I).
       ``(iii) Mediation.--
       ``(I) In general.--The Secretary shall initiate mediation 
     to conclude a compact governing the conduct of class III 
     gaming activities on Indian lands upon a clear showing by an 
     Indian tribe that, within the applicable period specified in 
     clause (ii), a state has failed--
       ``(aa) to respond to a request by an Indian tribe for 
     negotiations under this subparagraph; or
       ``(bb) to negotiate in good faith.
       ``(II) Effect of declining negotiations.--The Secretary 
     shall initiate mediation within 10 days after a State 
     declines to enter into negotiations under this subparagraph, 
     without regard to whether the otherwise applicable period 
     specified in clause (ii) has expired.
       ``(III) Copy of request.--An Indian tribe that requests 
     mediation under this clause shall provide the State that is 
     the subject of the mediation request a copy of the mediation 
     request submitted to the Secretary within 5 days of receipt 
     of the request.
       ``(IV) Panel.--The Secretary, in consultation with the 
     Indian tribes and States, shall establish a list of 
     independent mediators, that the Secretary, in consultation 
     with the Indian tribes and the States, shall periodically 
     update. All mediators placed upon the list shall be certified 
     by the American Arbitration Association as qualified to 
     conduct arbitration in accordance with the American 
     Arbitration Association rules and procedures.
       ``(V) Notification by state.--Not later than 10 days after 
     an Indian tribe makes a request to the Secretary for 
     mediation under subclause (I), the State that is the subject 
     of the mediation request shall notify the Secretary whether 
     the State elects to participate in the mediation process 
     within 5 days of receipt of the request. If the State elects 
     to participate in the mediation, the mediation shall be 
     conducted in accordance with subclause (IV). If the State 
     declines to participate in the mediation process, the 
     Secretary shall issue procedures pursuant to clause (iv).
       ``(VI) ``Mediation process.--
       ``(aa) In general.--Not later than 20 days after a State 
     elects under subclause (V) to participate in a mediation, the 
     Secretary shall submit to the Indian tribe and the State the 
     names of 3 mediators randomly selected by the Secretary from 
     the list of mediators established under subclause (IV).
       ``(bb) Selection of Mediator.--Not later than 10 days after 
     the Secretary submits the mediators referred to in item (aa), 
     the Indian tribe and the State may each peremptorily remove 
     one mediator from the mediators submitted. If either the 
     Indian tribe or the State declines to remove a mediator, the 
     Secretary shall randomly remove names until only one mediator 
     remains. The remaining mediator shall conduct the mediation.
       ``(cc) Initial period of mediation.--The mediator shall, 
     during the 60-day period beginning on the date on which the 
     mediator is selected under item (bb) (or a longer period upon 
     the written agreement of the parties to the mediation for an 
     extension of the period) attempt to achieve a compact.
       ``(dd) Last best offer.--If by the termination of the 
     period specified in item (cc), no agreement for concluding a 
     compact is achieved by the parties to the mediation, each 
     such party may, not later than 10 days after that date, 
     submit to the mediator an offer that represents the best 
     offer that the party intends to make for achieving an 
     agreement for concluding a compact (referred to hereinafter 
     as a `last-best-offer'). The mediator shall review a last-
     best-offer received pursuant to this item not later than 30 
     days after the date of submission of the offer.
       ``(ee) Report by mediator.--Not later than the date 
     specified for the completion of a review of a last-best-offer 
     under item (dd), or in any case in which either party in a 
     mediation fails to make such an offer, the date that is 10 
     days after the termination of the initial period of mediation 
     under item (cc), the mediator shall prepare and submit to the 
     Secretary a report that includes the contentions of the 
     parties, the conclusions of the mediator concerning the 
     permissible scope of gaming on the Indian lands involved, and 
     recommendations for the operation and regulation of gaming on 
     the Indian lands in accordance with this Act.
       ``(ff) Final determinations.--Not later than 60 days after 
     receiving a report from a mediator under item (ee), the 
     Secretary shall make a final determination concerning

[[Page S4909]]

     the operation and regulation of class III gaming that is the 
     subject of the mediation.
       ``(VII) Procedures.--Subject to clause (iii)(V), on the 
     basis of a final determination described in clause 
     (iii)(VI)(ff), the Secretary shall issue procedures for the 
     operation and regulation of the class III gaming described in 
     that item by the date that is 180 days after the date 
     specified in clause (iii)(V) or upon the determination 
     described in clause (iii)(VI)(ff).
       ``(VIII) Jurisdiction of the united states district court 
     for the district of columbia.--
       ``(aa) The United States District Court for the District of 
     Columbia shall have jurisdiction over any action initiated by 
     the Secretary, the Commission, a State, or an Indian tribe to 
     challenge the Secretary's decision to complete a compact or 
     initiate mediation or to challenge specific provisions of 
     procedures issued by the Secretary or the operation of class 
     III gaming under clause (iii)(V) or (iii)(VII).
       ``(bb) The Secretary's decision to complete a compact or to 
     initiate mediation pursuant to clause (iii)(V) or (iii)(VII) 
     shall be immediately reviewable in the United States District 
     Court.
       ``(cc) Upon receipt of a petition to review a decision of 
     the Secretary to complete a compact or initiate mediation 
     pursuant to class (iii)(V) or (iii)(VII), the United States 
     District Court shall appoint a three judge panel to hear the 
     proceedings and render a decision regarding whether the 
     determination of the Secretary was valid as a matter of law.
       ``(IX) Prohibition.--No compact negotiated, or procedures 
     issued, under this subparagraph shall require that a State 
     undertake any regulation of gaming on Indian lands unless--
       ``(I) the State affirmatively consents to regulate that 
     gaming; and
       ``(II) applicable State laws permit that regulatory 
     function.
       ``(C) Mandatory disapproval.--Notwithstanding any other 
     provision of this Act, the Secretary may not approve a 
     compact if the compact requires State regulation of gaming 
     absent the consent of the State or the Indian tribe.
       ``(D) Effective date of compact or procedures.--Any compact 
     negotiated, or procedures issued, under this subsection shall 
     become effective upon the publication of the compact or 
     procedures in the Federal Register by the Secretary.
       ``(E) Effect of publication of compact.--Except for an 
     appeal conducted under subchapter II of chapter 5 of title 5, 
     United States Code, by an Indian tribe or a State associated 
     with the compact, the publication of a compact pursuant to 
     subparagraph (B) shall, for the purposes of this Act, be 
     conclusive evidence that the class III gaminng subject to the 
     compact is a activity subject to negotiations under the laws 
     of the State where the gaming is to be conducted, in any 
     matter under consideration by the Commission or a Federal 
     Court.
       ``(F) Duties of commission.--Consistent with minimum 
     standards and as otherwise authorized by this Act, the 
     Commission shall monitor and, if authorized by those 
     standards and this Act, regulate and license class III gaming 
     with respect to and in a manner consistent with any compact 
     that is approved by the Secretary under this subsection and 
     published in the Federal Register.
       ``(3) Provisions of compacts.--
       ``(A) In General.--A compact negotiated under this 
     subsection may only include provisions relating to--
       ``(i) the application of the criminal and civil laws 
     (including regulations) of the Indian tribe or the State that 
     are directly related to, and necessary for, the licensing and 
     regulation of that gaming activity in a manner consistent 
     with the requirements of the standards promulgated by the 
     Commission.
       ``(ii) the allocation of criminal and civil jurisdiction 
     between the State and the Indian tribe necessary for the 
     enforcement of those laws (including regulations);
       ``(iii) the assessment by the State of the costs associated 
     with those activities in such amounts as are necessary to 
     defray the costs of regulating that activity;
       ``(iv) taxation by the Indian tribe of that activity in 
     amounts comparable to amounts assessed by the State for 
     comparable activities;
       ``(v) remedies for breach of compact provisions;
       ``(vi) standards for the operation of that activity and 
     maintenance of the gaming facility, including licensing, in a 
     manner consistent with the requirements of the standards 
     promulgated by the Commission.
       ``(vii) any other subject that is directly related to the 
     operation of gaming activities.
       ``(B) Statutory construction with respect to assessments; 
     prohibition.--
       (i) Statutory construction.--Except for any assessments for 
     services agreed to by an Indian tribe in compact 
     negotiations, nothing in this section may be construed as 
     conferring upon a State, or any political subdivision 
     thereof, the authority to impose any tax, fee, charge, or 
     other assessment upon an Indian tribe, an Indian gaming 
     operation or the value generated by the gaming operation, 
     or any person or entity authorized by an Indian tribe to 
     engage in class III gaming activity in conformance with 
     this Act.
       ``(ii) Assessment by states.--A State may assess the 
     assessments agreed to by an Indian tribe referred to in 
     clause (i) in a manner consistent with that clause.
       ``(4) Statutory construction with respect to certain rights 
     of indian tribes.--Nothing in this subsection impairs the 
     right of an Indian tribe to regulate class III gaming on the 
     Indian lands of the Indian tribe concurrently with a State 
     and the Commission, except to the extent that such regulation 
     is inconsistent with, or less stringent than, this Act or any 
     laws (including regulations) made applicable by any compact 
     entered into by the Indian tribe under this subsection that 
     is in effect.
       ``(5) Exemption.--The provisions of section 2 of the Act of 
     January 2, 1951 (commonly referred to as the `Gambling 
     Devices Transportation Act') (64 Stat. 1134, chapter 1194; 15 
     U.S.C. 1175) shall not apply to any class II gaming activity 
     or any gaming activity conducted pursuant to a compact 
     entered into after the date of enactment of this Act, but in 
     no event shall this paragraph be construed as invalidating 
     any exemption from the provisions of section 2 of the Act of 
     January 2, 1951 for any compact entered into prior to the 
     date of enactment of this Act''.
       (b) Jurisdiction of the United States District Court for 
     the District of Columbia.--The United States District Court 
     for the District of Columbia shall have jurisdiction over any 
     action initiated by the Secretary, the Commission, a State, 
     or an Indian tribe to enforce any provision of a compact 
     entered into under subsection (a) or to enjoin a class III 
     gaming activity located on Indian lands and conducted in 
     violation of any compact that is in effect and that was 
     entered into under subsection (a)
       (c) Approval of Compacts.--
       (1) In general.--The Secretary may approve any compact 
     between an Indian tribe and a State governing the conduct of 
     class III gaming on Indian lands of that Indian tribe entered 
     into under subsection (a).
       (2) Reasons for disapproval by Secretary.--The Secretary 
     may disapprove a compact entered into under subsection (a) 
     only if the compact violates any--
       (A) provision of this Act or any regulation promulgated by 
     the Commission pursuant to this Act;
       (B) other provision of Federal law; or
       (C) trust obligation of the United States to Indians.
       (3) Effect of failure to act on compact.--If the Secretary 
     fails to approve or disapprove a compact entered into under 
     subsection (a) before the date that is 45 days after the date 
     on which the compact is submitted to the Secretary for 
     approval, the compact shall be considered to have been 
     approved by the Secretary, but only to the extent the compact 
     is consistent with the provisions of this Act and the 
     regulations promulgated by the Commission pursuant to this 
     Act.
       (4) Notification.--The Secretary shall publish in the 
     Federal Register notice of any compact that is approved, or 
     considered to have been approved, under this subsection.
       (d) Revocation of Ordinance.--
       (1) In general.--The governing body of an Indian tribe, in 
     its sole discretion, may adopt an ordinance or resolution 
     revoking any prior ordinance or resolution that authorized 
     class III gaming on the Indian lands of the Indian tribe. 
     That revocation shall render class III gaming illegal on the 
     Indian lands of that Indian tribe.
       (2) Publication of revocation.--An Indian tribe shall 
     submit any revocation ordinance or resolution described in 
     paragraph (1) to the Commission. The Commission shall publish 
     that ordinance or resolution in the Federal Register. The 
     revocation provided by that ordinance or resolution shall 
     take effect on the date of that publication.
       (3) Conditional operation.--Notwithstanding any other 
     provision of this subsection--
       (A) any person or entity operating a class III gaming 
     activity pursuant to this Act on the date on which an 
     ordinance or resolution described in paragraph (1) that 
     revokes authorization for that class III gaming activity is 
     published in the Federal Register may, during the 1-year 
     period beginning on the date on which that revocation, 
     ordinance, or resolution is published under paragraph (2), 
     continue to operate that activity in conformance with an 
     applicable compact entered into under subsection (a) that is 
     in effect; and
       (B) any civil action that arises before, and any crime that 
     is committed before, the termination of that 1-year period 
     shall not be affected by that revocation, ordinance, or 
     resolution.
       (e) Certain Class III Gaming Activities.--
       (1) Compacts entered into before the date of enactment of 
     the intergovernmental gaming agreement act of 1999.--Class 
     III gaming activities that are authorized under a compact 
     approved or issued by the Secretary under the authority of 
     this Act prior to the date of enactment of the 
     intergovernmental gaming agreement act of 1999 shall, during 
     such period as the compact is in effect, remain lawful for 
     the purposes of this Act, notwithstanding the 
     Intergovernmental Gaming Agreement Act of 1999 and the 
     amendments made by that Act or any change in State law.
       (2) Compact entered into after the date of enactment of the 
     intergovernmental gaming agreement act of 1999.--Any compact 
     entered into under subsection (a) after the date specified in 
     paragraph (1) shall remain lawful for the purposes of the 
     Intergovernmental Gaming Agreement Act of 1999, 
     notwithstanding any change in state law, other than a change 
     in State law that constitutes a change in the public policy 
     of the

[[Page S4910]]

     State with respect to permitting or prohibiting class III 
     gaming in the State.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Bryan):
  S. 986. A bill to direct the Secretary of the Interior to convey the 
Griffith Project to the Southern Nevada Water Authority; to the 
Committee on Energy and Natural Resources.


             griffith project prepayment and conveyance act

  Mr. REID. Mr. President, I rise today to introduce the Griffith 
Project Prepayment and Conveyance Act. This act directs the Secretary 
of Interior to convey the Robert B. Griffith Water Project, located in 
Clark County, Nevada, to the Southern Nevada Water Authority. To 
understand the intent of this bill, it is necessary to briefly discuss 
the history of the water delivery system which supports the Las Vegas 
Valley.
  The Robert B. Griffith Water Project, also known as the Southern 
Nevada Water Project, was conceived as a federal reclamation project in 
Clark County, Nevada, in the 1960's.
  Authorized by Congress in 1965, the enabling legislation directed the 
Secretary of Interior to construct, operate, and maintain the project 
for the purpose of delivering water to Clark County for both municipal 
and industrial use. The Congressional authorization also allowed the 
Secretary of enter into a contract with the State of Nevada, through 
duly authorized agencies, for the delivery of water and the repayment 
of reimbursable construction costs.
  The federal portion of the Southern Nevada Water Project was 
completed in two stages over a period of 15 years at a cost of just 
under $200 million dollars, including capitalized interest. In 1982, 
with federal construction substantially completed, Congress officially 
changed the name of the project from the Southern Nevada Water Project 
to the Robert B. Griffith Water Project.
  Coincidental with the federal construction of the water project, the 
State of Nevada, acting through the Colorado River Commission, 
constructed the Alfred Merritt Smith Water Treatment Plant. This 
facility is integrated into the Griffith Project, and together the 
facilities are referred to as the Southern Nevada Water System. 
Principal users of the water supplied by the system include the Las 
Vegas Valley Water District, the cities of Boulder, Henderson, and 
North Las Vegas, and Nellis Air Force Base.
  In 1991, in the fact of dramatic growth in Clark County and the Las 
Vegas Valley, the State of Nevada, in cooperation with seven other 
public agencies, created the Southern Nevada Water Authority. The 
purpose of the Authority included acquisition of additional water 
supplies and the operation, maintenance, and expansion of the Southern 
Nevada Water System.
  Beginning in 1995, the Colorado River Commission and the Southern 
Nevada Water Authority each began constructing additional facilities to 
expand the operational capacity of the Southern Nevada Water Authority 
each began constructing additional facilities to expand the operational 
capacity of the Southern Nevada Water System. By agreement in 1996, the 
State of Nevada and the Colorado River Commission assigned all of their 
interests, responsibilities, and liabilities in the System to the 
Southern Nevada Water Authority.
  The Authority has now embarked on a multi-phrase expansion of the 
Southern Nevada Water System. When completed, this expansion is 
expected to have a capital cost exceeding $2 billion. The entire cost 
of the expansion is being financed through the Authority and its 
members.
  One can see that the scope of the System is now much greater than 
that originally foreseen by Congress in 1965. When the first phrase of 
the original Southern Nevada Water Project was completed in 1971, fully 
85% of the costs had been incurred by the federal government. At the 
end of 1998, the percentage of outstanding indebtedness financed by the 
federal government had fallen to 14% as compared to 86% for the 
Southern Nevada Water Authority. When the project expansion now being 
undertaken by the Authority is ultimately completed sometime around 
2017, only 6% of the overall costs will have been financed by the 
federal government.
  Because certain portions of the overall system are still in the name 
of the United States, it is becoming increasingly burdensome for the 
Southern Nevada Water Authority to manage the operation and management 
of the system. If for example, a pump station in the Griffith Project 
portion of the system requires repair or maintenance, Authority 
employees must notify the Bureau of Reclamation that a repair is 
needed, describe the exact nature of the work to be performed, obtain 
permission for a crew to perform the work and schedule the work to be 
done at such a time as when a Bureau of Reclamation employee can be 
present to ``oversee'' the repair or maintenance. When the work is 
completed, the Bureau of Reclamation sends the Authority an invoice for 
the time spent by its personnel.
  The time has come for the title to the Griffith Project components of 
the Southern Nevada Water System to be transferred to local ownership. 
As proposed, this conveyance will occur under financial terms and 
conditions that are similar to other title transfer laws which have 
been enacted for other projects and which are governed by guidance from 
the Department of the Interior and the Office of Management and Budget. 
In particular, the conveyance will require a payment to the United 
States by the Authority equal to the net present value of the remaining 
repayment obligation.
  I thank my fellow Senator from Nevada, Mr. Bryan, for his support on 
this issue and look forward to working with the Senate Energy and 
Natural Resources Committee to ensure timely consideration of this 
important legislation.
  Mr. President. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objecion, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 986

       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 ``Griffith Project Prepayment 
     and Conveyance Act.''

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Authority.--The term ``Authority'' means the Southern 
     Nevada Water Authority, organized under the laws of the State 
     of Nevada.
       (2) Griffith project.--The term ``Griffith Project'' means 
     the Robert B. Griffith Water Project, authorized by Public 
     Law 89-292 (commonly known as the ``Southern Nevada Water 
     Project Act'') (79 Stat. 1068), including all pipelines, 
     conduits, pumping plants, intake facilities, aqueducts, 
     laterals, water storage and regulatory facilities, electric 
     substations, and related works constructed and all interests 
     in land acquired under Public Law 89-292.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

      SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.

       (a) In General.--In consideration of the assumption by the 
     Authority from the United States of all liability for 
     administration, operation, and maintenance of the Griffith 
     Project and subject to the payment by the Authority of the 
     net present value of the remaining repayment obligation (as 
     determined in accordance with Office of Management and Budget 
     Circular A-129, as in effect on the date of payment and 
     conveyance), the Secretary shall convey and assign to the 
     Authority all right, title, and interest of the United States 
     in and to the Griffith Project.
       (b) Right To Use and Occupy Public Land.--On and after the 
     date of the conveyance under subsection (a), the Authority 
     shall have the right to use and occupy without charge all 
     public land, including withdrawn public land--
       (1) on which the Griffith Project is situated; or
       (2) that is used for the purposes of the Griffith Project 
     as of that date.
       (c) Report.--If the conveyance under subsection (a) has not 
     occurred by July 1, 2000, the Secretary shall submit to 
     Congress a report on the status of the conveyance.
       (d) Administrative Costs.--
       (1) In general.--If the Secretary completes the conveyance 
     under subsection (a) before the deadline under subsction (c), 
     50 percent of the cost of administrative action and 
     environmental compliance for the conveyance shall be paid by 
     the Secretary, and 50 percent shall be paid by the Authority.
       (2) Failure to meet deadline.--If the Secretary fails to 
     complete the conveyance under this Act before the deadline 
     under subsection (c), 100 percent of the cost described in 
     paragraph (1) shall be paid by the Secretary.

     SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS

       (a) In General.--Nothing in this Act expands or changes the 
     use or operation of the Griffith Project from its use and 
     operation as of the day before the date of enactment of this 
     Act.

[[Page S4911]]

       (b) Future Alterations.--If the Authority changes the use 
     or operation of the Griffith Project, the Authority shall 
     comply with all applicable laws (including regulations) 
     governing the changes at that time.

     SEC. 5. RELATIONSHIP TO EXISTING CONTRACTS.

       The Secretary and the Authority may modify Contract No. 7-
     07-30-W004 as necessary to conform the contract to this Act.

     SEC. 6. RELATIONSHIP TO OTHER LAWS.

       On conveyance of the Griffith Project under section 3, the 
     Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts 
     amendatory of that Act or supplemental to that Act shall not 
     apply to the Griffith Project.
                                 ______
                                 
      By Mr. DeWINE:
  S. 987. A bill to expand the activities of the Eisenhower National 
Clearinghouse to include collecting and reviewing instructional and 
professional development materials and programs for language arts and 
social studies, and to require the Eisenhower National Clearinghouse to 
collect and analyze the materials and programs; to the Committee on 
Health, Education, Labor, and Pensions.


                 Eisenhower National Clearinghouse Act

  S. 988. A bill to provide mentoring programs for beginning teachers, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.


                     Teacher Mentoring Act of 1999

  S. 989. A bill to improve the quality of individual becoming teachers 
in elementary and secondary schools, to make the teaching profession 
more accessible to individuals who wish to start a second career, to 
encourage adults to share their knowledge and experience with children 
in the classroom, to give school officials the flexibility the 
officials need to hire whom the officials think can do the job best, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.


    Alternative Certification and Licensure of Teachers ACt of 1999

  S. 990. A bill to provide for teacher training facilities; to the 
Committee on Health, Education, Labor, and Pensions.


                      Teacher Quality Act of 1999

  Mr. DeWINE. Mr. President, I rise today to talk about probably the 
most important thing we do as a society--educating our children. This 
week is National Teacher Appreciation Week, and it gives us a good 
opportunity to recognize the crucial role teachers play in our 
children's lives. After parents and families, America's teachers play 
the most important role in helping our children realize their 
potential. No teacher can replace the role of loving and attentive 
families, but once our children leave their homes and enter America's 
schools, it is the responsibility of federal, state and local elected 
officials to provide every possible opportunity for a child to realize 
his or her full potential.
  The way to do that, Mr. President, is to see that every child learns 
from a qualified educator in a safe school environment.
  As the Senate begins to consider education legislation, we should 
take time to listen to the lessons learned by America's best classroom 
teachers--teachers like Ohio's Teacher of the Year, Ellen Binkley Hill. 
Ohio is fortunate to have teachers like Ellen, and the thirty two other 
finalists for Ohio's Teacher of the Year.
  Ellen teaches second grade at New Vienna Elementary School in Clinton 
County, Ohio. Over the past year I have had the pleasure of talking 
with Ellen on two occasions--and I want to take a moment to read how 
Ellen describes the role of a teacher, because I think her words 
capture what it means to be a great educator.
  I quote: ``Teachers must be living examples of the transforming power 
of education. We must lead extraordinary lives filled with insight, 
rich with experiences, and tempered with compassion. It is every 
teacher's responsibility to serve each child, empowering all children 
to reach their potential, and then to reach higher.'' End of quote.
  Mr. President, as a father, I want my children to learn from teachers 
like Ellen Binkley Hill. As a Senator, I would like to see all of the 
nation's children being taught by teachers like Ellen Binkley Hill.

  A qualified, highly trained teacher is the most important education 
resource in any classroom. Across America today, in classrooms around 
the country, tomorrow's business leaders, tomorrow's inventors, 
tomorrow's doctors, tomorrow's Presidents, and even tomorrow's teachers 
are building their foundation of learning, their foundation of 
experiences that will shape their lives forever. They are being led 
through this process by our neighbors, friends and family members who 
make up America's 2.7 million-member teaching force.
  Mr. President, in the spirit of this important week, I am introducing 
four bills that I believe will help our teachers realize their highest 
potential in our classrooms, and ensure that our children have the best 
possible educator at the front of their classroom.
  The first bill is the Teacher Mentoring Act. America's teaching force 
is aging, a situation that offers both benefits and challenges. The 
average school teacher is 43 years old, an increase of 3 years over the 
average age in 1987. Nearly a quarter of our teachers are over 50 years 
old and nearing retirement.
  These seasoned veterans are the backbone of many schools across the 
country. Many are also leaders in their schools and their communities, 
taking on the added challenges of educating the most difficult students 
and mentoring their younger peers. As these experienced educators near 
the end of their careers, we must ensure that the practical hands-on 
knowledge they have accumulated is passed on to those teachers 
following in their footsteps.
  Mr. President, new teachers entering today's challenging classrooms 
need the close support of these veteran teachers, particularly during 
their first few years on the job. Unfortunately, more than 25 percent 
of new teachers leave the job in their first three years and I believe 
mentoring programs are one way we can help stabilize the ranks of our 
new teachers.
  The Teacher Mentoring Act, which is the companion to a bill written 
by my friend Congressman Rick Lazio [LA (as LAdder)-ZEE-OH] of New 
York, would establish a $10 million competitive grant program. 
This program would encourage states to implement training programs, or 
support existing programs that utilize our experienced classroom 
veterans as mentors to new teachers. Ohio is currently operating a 
mentoring program that assigns each new teacher to a mentor. These 
mentors provide classroom teaching advice, as well as an experienced 
shoulder to lean on when they first enter their new school.

  The second bill I am introducing today is the Alternative 
Certification and Licensure of Teachers Act. This bill would improve 
the supply of well-qualified elementary and secondary school teachers 
by encouraging and assisting States to develop and implement programs 
for alternative routes to teacher certification or licensure 
requirements. After all, the most important and effective education 
resource in any classroom is a highly trained and dedicated teacher.
  There are many talented professionals who have demonstrated a high 
level of subject area competence outside the education profession who 
wish to pursue careers in eduction, but have not fulfilled the 
requirements to be certified or licensed as teachers. Alternative 
certification can provide an opportunity for these people to become 
teachers--so they can share their knowledge and experiences with 
children in the classroom.
  The legislation would provide $15 million to the States for either 
new or pre-existing alternative certification programs or fund pre-
existing programs. Last year's Higher Education Act endorsed 
alternative certification as a means to enlarge the pool of quality 
teachers--but I believe we need to go further. We need to continue to 
open alternative certification routes to attract teachers who would 
otherwise not enter the classroom.
  The third bill I am introducing today is the Teacher Quality Act.
  We have learned from various studies that the most effective teacher 
training programs have some things in common. Both teachers and 
teaching program evaluators agree that the most effective teacher 
training programs are intensive; are of reasonable length, and provide 
an avenue for teachers to update their skills. The Teacher Quality Act 
would help improve the quality of teachers in elementary and secondary 
schools--and provide teachers the opportunity to learn new technologies 
and increase subject matter knowledge.

[[Page S4912]]

My bill would establish a competitive grant program that will give 
school districts the opportunity to establish teacher training 
facilities.

  The idea for this legislation is based on the model established by 
the Mayerson Academy in Cincinnati, Ohio. This Academy was established 
in 1992 as a partnership between the Cincinnati business community and 
its schools. Their mission: to provide the highest quality training and 
professional development opportunities to the men and women responsible 
for educating the children of Cincinnati.
  The program is a great success. This school year the Academy will 
provide 160,000 hours of training to teachers. The Mayerson Academy is 
separate from the school system in order to ensure independent 
evaluation of its results and a consistent base of support. This status 
also allows it to benefit from the perspectives and experience of the 
business leadership.
  Finally, I am introducing the Eisenhower National Clearinghouse 
Improvement Act.
  Collecting and effective disseminating the best teacher training 
practices is an important responsibility of the federal government. The 
Eisenhower National Clearinghouse, or ENC, is the nation's repository 
of K-12 instructional materials specifically related to math and 
science education. This information is made available in a user-
friendly format for educators. The Ohio State University is currently 
home to the Clearinghouse.
  Since 1992, ENC has distributed over 3.67 million CD-ROM's and print 
publications. Products are distributed to schools, colleges of 
education, and various education groups and professional organizations 
across the country. ENC has received over 40 million hits on their web 
site since its creation in 1994. In addition, ENC has established over 
100 Access Centers across the country to expand direct service to more 
teachers.
  While this program has proven its value, there is room for 
improvement. The bill I am introducing today would expand ENC's 
jurisdiction to include Language Arts and Social Studies, with a 
particular emphasis in all curriculum areas on effective use 
of educational technology.

  With thousands of teacher training programs available, it is becoming 
increasingly difficult for educators to find out which programs have 
been proven effective and which have not. My legislation would require 
ENC to gather a sampling of the best evaluations on the materials they 
collect and provide easy access to these evaluations. ENC will not be 
permitted to conduct evaluations directly, but would be required to 
create a ranking for materials and programs based on the reviews they 
collect and make these reviews easily accessible to teachers who 
utilize their service.
  All four of these bills would help improve the quality of education. 
I look forward to working with my colleagues on these and other 
important education measures. Before I close, let me mention one other 
key issue affecting the education of our kids--school violence.
  The threat of violence--and the reality of drug abuse--in our schools 
are all too real. We must ensure that America's families and teachers 
are empowered with the information, training and resources to help our 
children overcome these obstacles. This year, as a member of the 
Health, Education, Labor and Pensions Committee I will be working with 
the other members of the committee to reauthorize the Elementary and 
Secondary Education Act, which includes the Safe and Drug Free Schools 
Act. The recent tragic events in Colorado are a painful reminder that 
we need to do everything we can to improve our violence and drug abuse 
prevention efforts and these reauthorizations, as well as the upcoming 
debate on the juvenile justice reform legislation, provide us with 
excellent opportunities for this Congress to make a positive difference 
in the name of school safety.
  Mr. President, I ask unanimous consent that the names of the 
finalists for Ohio's Teacher of the Year be printed in the Record.
  There being no objection, the names were ordered to be printed in the 
Record, as follows:

                   OHIO TEACHER OF THE YEAR--FINALISTS
------------------------------------------------------------------------
            Teacher                     School           School district
------------------------------------------------------------------------
Brenda Baker Gehm.............  Monroe Elementary.....  Middletown/
                                                         Monroe
Jennifer L. VanMatre..........  Bridgeview Middle       Sidney City
                                 School.
M. Diana Bellamy..............  White Oak Middle        Northwest Local
                                 School.
Stephanie L. Tillman..........  Crosby Elementary.....  Southwest Local
Maureen V. Judy...............  Fort Miami Elementary.  Maumee City
Kenneth Wayne Fellows.........  Anthony Wayne High....  Anthony Wayne
                                                         Local
Pamela S. Hesselbart..........  Sylvan Elementary.....  Sylvania City
Elaine M. Broering............  St. Henry Elementary..  St. Henry
                                                         Consolidated
                                                         Local
William E. Denlinger..........   Piqua High School....  Piqua City
Sandra S. Lageman.............  Saville Elementary....  Mad River Local
Janice D. Plank...............  Whitehall-Yearling      Whitehall City
                                 High School.
Karen Moss....................  Amanda Elementary.....  Amanda-
                                                         Clearcreek
                                                         Local
Larry Dale Hardman............  O.R. Edgington          Northmount City
                                 Elementary.
Margaret M. Scott.............  Princeton Junior High   Princeton City
                                 School.
Colette Bernadette Peters.....  Butternut Elementary..  North Olmsted
                                                         City
Linda Joyce Borton............  Penta County JVS......  Penta County
                                                         Vocational
Beverly Sheridan..............  Hadley Watts Middle     Centerville City
                                 School.
Cynthia M. Walker.............  Fairfield Central       Fairfield City
                                 Elementary.
Anne Kaczmarek................  Brecksville-Broadview   Brecksville-
                                 Heights.                Broadview
                                                         Heights
Terese Ann D'Amico............  Thomas Jefferson        Euclid City
                                 Magnet.
Steven Moorhead...............  Elmwood Middle School.  Elmwood Local
Leslie Louise Kastner.........  Royal Manor Elementary  Gahannna-
                                                         Jefferson City
Mary Ann Whiteleather.........  Kirkmere Elementary...  Youngstown City
Nicki T. Embly................  Rimer Elementary......  Akron City
Sharon Joanne Smith...........  Zane Trace Elementary.  Zane Trace Local
Diane Squire Radley...........  Memorial Elementary...  Brunswick City
Catherine S. Platano..........  Sterling Morton         Mentor Exempted
                                 Elementary.             Village
Mark G. Silvers...............  Wayne High School.....  Huber Heights
                                                         City
Nanci Sullivan................  Harding Middle School.  Stuebenville
                                                         City
Sandy A. Murray...............  Jones Middle School...  Upper Arlington
                                                         City
Kay Wallace...................  Pickerington High       Pickerington
                                 School.                 Local
Barbara Hampton...............  Hilltop Community       Reading
                                 Elementary.             Community City
------------------------------------------------------------------------

                                 ______
                                 
      By Mr. McCAIN:
  S. 991. A bill to prevent the receipt, transfer, transportation, or 
possession of a firearm or ammunition by certain violent juvenile 
offenders, and for other purposes; to the Committee on the Judiciary.


                 youth violence prevention act of 1999

  Mr. McCAIN. Mr. President, today I am introducing the ``Youth 
Violence Prevention Act of 1999.'' This legislation will prevent 
juveniles from illegally accessing weapons and punish those who would 
assist them in doing so, prohibit juveniles who commit acts of gun 
violence from purchasing guns in the future, and punish juveniles who 
illegally carry or use handguns in schools.
  Before I get into the particulars of the legislation, I would like to 
take a moment to discuss the broader issues surrounding the question of 
youth violence.
  Recent events have shaken the collective conscience of our nation. 
The recent killings at Columbine High School in Colorado have brought 
home to every American the degree to which we are failing are children.
  The most basic and profound responsibility that our culture--any 
culture--

[[Page S4913]]

has is raising its children. We are failing in that responsibility, and 
the extent of our failure is being measured in deaths and injuries of 
kids in schoolyards and on the streets of our neighborhoods and 
communities.
  Over the past few years, we have been jolted time and again by the 
horrifying images of school shootings. Every day, in towns and cities 
across this country, kids are killing kids, and kids are killing 
adults, in a spiraling pattern of youth violence driven by the drug 
trade, gang activity, and other factors.
  Primary responsibility lies with families. As a country, we are not 
parenting our children. We are not adequately involving ourselves in 
our children's lives, the friends they hang out with, what they do with 
their time, the problems they are struggling with. This is our job, our 
paramount responsibility, and we are failing. We must get our 
priorities straight, and that means putting our kids first.
  Parents need help. They need help because our homes and our families, 
and our children's minds, are being flooded with a tide of violence 
that pervades our society. Movies depict graphic violence, and children 
are taught to kill and maim by interactive  video games. The Internet, 
which holds such tremendous potential in so many ways, is tragically 
used by some to communicate unimaginable hatred, images and 
descriptions of violence, and ``how-to'' manuals on everything from 
bomb construction to drugs. Our culture is dominated by media, and our 
children, more so than any generation before them, are vulnerable to 
the images of violence and hate that, unfortunately, are dominant 
themes in so much of what they see and hear.

  I have recently joined with some of my colleagues to call upon the 
President to convene an emergency summit of the leaders of the 
entertainment and interactive media industry to develop an action plan 
for controlling children's access to media violence. I am pleased that 
the President has heeded this call and will convene such a summit next 
week.
  I have also joined others in introducing legislation calling upon the 
Surgeon General to conduct a comprehensive study of media violence, in 
all its forms, and to issue a report on its effects, with 
recommendations on how we can turn around this tragic tide of youth 
violence.
  These are important steps targeting various aspects of the complex 
problem of youth violence. However, we must press the fight on every 
front. One reality of the horrific gun violence that is so prevalent 
among our youth is the illegal use of guns. The legislation I am 
introducing today is specifically targeted at the illegal means by 
which kids are acquiring guns and is designed to ensure that violence 
youth offenders are punished, and that they will not acquire guns in 
the future.
  First, the bill extends the provisions of the Gun Control Act that 
prohibit certain purchases to include juveniles. Currently, under 
federal law, a juvenile may commit multiple violent felonies, using a 
gun, and when he or she turns 18 years old, that same individual may 
walk into a gun store and legally purchase a weapon. This is absurd. 
This legislation would prevent them from doing so. Where a juvenile has 
committed an offense that would constitute a violent felony if he or 
she were an adult, that juvenile will be sentenced as an adult and will 
be ineligible to be paroled simply because they turn 18.
  Second, this legislation provides that whoever illegally purchases a 
weapon for another individual, knowing that the recipient intends to 
commit a violent felony, may be imprisoned up to 15 years. Further, 
whoever illegally purchases or transfers a weapon to a juvenile, 
knowing that the recipient intends to commit a violent felony, may be 
imprisoned up to 20 years.

  Under this legislation, if a juvenile illegally possesses a handgun 
and violates the Gun Free School Zone law with the intent to carry, 
possess, discharge, or otherwise use the handgun or ammunition in the 
commission of a violent felony, they may be imprisoned for up to 20 
years.
  Mr. President, let me make very clear that this legislation in no way 
infringes on the Second Amendment rights to bear arms. I do not believe 
we should further restrict the rights of law-abiding Americans to own a 
gun. Rather, we should focus on halting the spread of violent crime and 
punishing violent criminals who abuse their Second Amendment rights. I 
believe it is imperative to better safeguard children from the 
dangerous effects of violent crime in America, as well as educate them 
on the potential danger of weapons.
  Mr. President, this legislation is not a panacea. As I have stated, 
the malady of youth violence that is eating at the soul of this nation 
is a complex disease. It will require a multi-faceted cure. As I have 
outlined, I am pushing for a comprehensive approach. What we must have, 
if there is any hope, is the unqualified commitment of all Americans to 
raise our children, to put them first. I urge all Americans to get 
involved in their kids' lives. Ask questions, listen to their fears and 
concerns, their hopes and their dreams.
  Childhood is a time of innocence, a time to teach discipline and 
values. Our children are our most precious gifts, they are full of 
innocence and hope. We must work together to preserve the sanctity of 
childhood.
  Mr. President, I ask unanimous consent that the text of the Youth 
Violence Prevention Act of 1999 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 991

       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 ``Youth Violence Prevention 
     Act of 1999.''

     SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POSSESSION BY 
                   VIOLENT JUVENILE OFFENDERS.

       (a) Definition.--Section 921(a)(20) of title 18, United 
     States Code, is amended by--
       (1) inserting ``(A)'' after ``(20)'';
       (2) redesignating subparagraphs (A) and (B) as clauses (i) 
     and (ii), respectively;
       (3) inserting after clause (ii) the following:
       ``(B) For purposes of section 922(d) and (g) of this title, 
     the term `act of violent juvenile delinquency' means an 
     adjudication of delinquency in Federal or State court, based 
     on a finding of the commission of an act by a person prior to 
     his or her eighteenth birthday that, if committed by an 
     adult, would be a serious violent felony, as defined in 
     section 3559(c)(2)(F)(i) of this title, had Federal 
     jurisdiction been exercised (except that section 3559(c)(3) 
     shall not apply to this subparagraph):''; and
       (4) striking ``What constitutes'' through ``this chapter,'' 
     and inserting:
       ``(C) What constitutes a conviction of such a crime or an 
     adjudication of an act of violent juvenile delinquency shall 
     be determined in accordance with the law of the jurisdiction 
     in which the proceedings were held. Any State conviction or 
     adjudication of an act of violent juvenile delinquency that 
     has been expunged or set aside, or for which a person has 
     been pardoned or has had civil rights restored, by the 
     jurisdiction in which the conviction or adjudication of an 
     act of violent juvenile delinquency occurred shall not be 
     considered a conviction or adjudication of an act of violent 
     juvenile delinquency for purposes of this chapter,''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code is amended--
       (1) in subsection (d)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or'' ; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has committed an act of violent juvenile 
     delinquency.''; and
       (2) in subsection (g)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or'' ; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has committed an act of violent juvenile 
     delinquency.''.
       (c) Effective Date of Adjudication Provisions.--The 
     amendments made by this section shall apply only to an 
     adjudication of an act of violent juvenile delinquency that 
     occurs after the date that is 30 days after the date on which 
     the Attorney General notifies Federal firearms licensees, 
     through publication in the Federal Register by the Secretary 
     of the Treasury, that the records of such adjudications are 
     routinely available in the national instant criminal 
     background check system established under section 103(b) of 
     the Brady Handgun Violence Prevention Act.

     SEC. 3. STRAW PURCHASE PENALTIES.

       (a) Straw Purchase Penalties.--Section 924(a)(2) of title 
     18, United States Code, is amended to read as follows:
       ``(2) Whoever knowingly violates--
       ``(A) subsection (d), (g), (h), (i), (j) or (o) of section 
     922 shall be fined as provided in this title, imprisoned not 
     more than 10 years, or both; and
       ``(B) section 922(a)(6) shall be fined as provided in this 
     title, imprisoned not more than 10 years, or both, except--
       ``(i) whoever knowingly violates subsection (a)(6) for the 
     purpose of selling, delivering, or

[[Page S4914]]

     otherwise transferring a firearm knowing or having reasonable 
     cause to know that another will carry or otherwise possess or 
     discharge or otherwise use the firearm in the commission of a 
     violent felony, shall be--

       ``(I) fined under this title, imprisoned not more than 15 
     years, or both; or
       ``(II) fined under this title, imprisoned not more than 20 
     years, or both where the procurement is for a juvenile; and

     ``In this paragraph, the term `violent felony' means conduct 
     described in section 924(e)(2)(B) of this title and the term 
     `juvenile' has the same meaning as in section 922(x).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 4. JUVENILE WEAPONS PENALTIES.

       (a) Juvenile Weapons Penalties.--Section 924(a) of title 18 
     United States Code, is amended--
       (1) in paragraph (4), by striking ``Whoever'' and inserting 
     ``Except as provided in paragraph (6), whoever''; and
       (2) by striking paragraph (6) and inserting the following:
       ``(6)(A) A juvenile who violates section 922(x) shall be 
     fined under this title, imprisoned not more than 1 year, or 
     both, except--
       ``(i) a juvenile shall be sentenced to probation on 
     appropriate conditions and shall not be incarcerated unless 
     the juvenile fails to comply with a condition of probation, 
     if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun or ammunition in violation of section 
     922(x)(2); and
       ``(II) the juvenile has not been convicted in any court of 
     an offense (including an offense under section 922(x) or a 
     similar State law, but not including any other offense 
     consisting of conduct that if engaged in by an adult would 
     not constitute an offense) or adjudicated as a juvenile 
     delinquent for conduct that if engaged in by an adult would 
     constitute an offense; or
       ``(ii) a juvenile shall be fined under this title, 
     imprisoned not more than 20 years, or both, if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun or ammunition in violation of section 
     922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 992(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun or ammunition in the commission of 
     a violent felony.
       ``(B) A person other than a juvenile who knowingly violates 
     section 922(x)--
       ``(i) shall be fined under this title, imprisoned not more 
     than 1 year, or both; and
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun or ammunition to a juvenile knowing or 
     having reasonable cause to know that the juvenile intended to 
     carry or otherwise possess or discharge or otherwise use the 
     handgun or ammunition in the commission of a violent felony, 
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(C) In this paragraph, the term `violent felony' means 
     conduct as described in section 924(e)(2)(B) of this title.
       ``(D) Except as otherwise provided in this chapter, in any 
     case in which a juvenile is prosecuted in a district court of 
     the United States, and the juvenile is subject to the 
     penalties under paragraph (A)(ii), the juvenile shall be 
     subject to the same laws, rules, and proceedings regarding 
     sentencing (including the availability of probation, 
     restitution, fines, forfeiture, imprisonment, and supervised 
     release) that would be applicable in the case of an adult. No 
     juvenile sentenced to a term of imprisonment shall be 
     released from custody simply because the juvenile reaches the 
     age of 18 years.''.
       (b) Unlawful Weapons Transfers to Juveniles.--Section 
     922(x) of title 18, United States Code, is amended to read as 
     follows:
       ``(x)(1) It shall be unlawful for a person to sell, 
     deliver, or otherwise transfer to a person who the transferor 
     knows or has reasonable cause to believe is a juvenile--
       ``(A) a handgun; or
       ``(B) ammunition that is suitable for use only in a 
     handgun.
       ``(2) It shall be unlawful for any person who is a juvenile 
     to knowingly possess--
       ``(A) a handgun; or
       ``(B) ammunition that is suitable for use only in a 
     handgun.
       ``(3) This subsection does not apply to the following:
       ``(A)(i) A temporary transfer of a handgun or ammunition to 
     a juvenile or to the possession or use of a handgun or 
     ammunition by a juvenile if the handgun or ammunition are 
     possessed and used by the juvenile--
       ``(I) in the course of employment;
       ``(II) in the course of ranching or farming related to 
     activities at the residence of the juvenile (or on property 
     used for ranching or farming at which the juvenile, with the 
     permission of the property owner or lessee, is performing 
     activities related to the operation of the farm or ranch);
       ``(III) for target practice;
       ``(IV) for hunting; or
       ``(V) for a course of instruction in the safe and lawful 
     use of a handgun.
       ``(ii) Clause (i) shall apply only if the juvenile's 
     possession and use of a handgun or ammunition under this 
     subparagraph are in accordance with State and local law and 
     the following conditions are met:
       ``(I)(aa) Except when a parent or guardian of the juvenile 
     is in the immediate and supervisory presence of the juvenile, 
     the juvenile shall have in the juvenile's possession at all 
     times when a handgun or ammunition is in the possession of 
     the juvenile, the prior written consent of the juvenile's 
     parent or guardian who is not prohibited by Federal, State, 
     or local law from possessing a firearm or ammunition; and
       ``(bb) during transportation by the juvenile directly from 
     the place of transfer to a place at which an activity 
     described in division (aa) is to take place the handgun shall 
     be unloaded and in a locked container or case, and during the 
     transportation by the juvenile of that firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the handgun shall also be unloaded and in a 
     locked container or case; or
       ``(II) With respect to ranching or farming activities as 
     described in subparagraph (A), a juvenile may possess and use 
     a handgun or ammunition with the prior written approval of 
     the juvenile's parent or legal guardian, if such approval is 
     on file with the adult who is not prohibited by Federal, 
     State, or local law from possessing a firearm or ammunition 
     and that person is directing the ranching or farming 
     activities of the juvenile.
       ``(B) A juvenile who is a member of the Armed Forces of the 
     United States or the National Guard who possesses or is armed 
     with a handgun or ammunition in the line of duty.
       ``(C) A transfer by inheritance of title (but not 
     possession) of a handgun or ammunition to a juvenile.
       ``(D) The possession of a handgun or ammunition taken in 
     defense of the juvenile or other persons against an intruder 
     into the residence of the juvenile or a residence in which 
     the juvenile is an invited guest.
       ``(4) A handgun or ammunition, the possession of which is 
     transferred to a juvenile in circumstances in which the 
     transferor is not in violation of this subsection, shall not 
     be subject to permanent confiscation by the Government if its 
     possession by the juvenile subsequently becomes unlawful 
     because of the conduct of the juvenile, but shall be returned 
     to the lawful owner when such handgun or ammunition is no 
     longer required by the Government for the purposes of 
     investigation or prosecution.
       ``(5) In this subsection, the term `juvenile' means a 
     person who is less than 18 years of age.
       ``(6) In a prosecution of a violation of this subsection, 
     the court--
       ``(A) shall require the presence of a juvenile defendant's 
     parent or legal guardian at all proceedings;
       ``(B) may use the contempt power to enforce subparagraph 
     (A); and
       ``(C) may excuse attendance of a parent or legal guardian 
     of a juvenile defendant at a proceeding in a prosecution of a 
     violation of this subsection for good cause shown.''.
       (c) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

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