[Congressional Record Volume 145, Number 69 (Thursday, May 13, 1999)]
[Senate]
[Pages S5307-S5315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

VIOLENT AND REPEAT JUVENILE OFFENDER ACCOUNTABILITY AND REHABILITATION 
                              ACT OF 1999

                                 ______
                                 

                       LANDRIEU AMENDMENT NO. 341

  (Ordered to lie on the table.)
  Ms. LANDRIEU submitted an amendment intended to be proposed by her to 
the bill (S. 254) to reduce violent juvenile crime, promote 
accountability by rehabilitation of juvenile criminals, punish and 
deter violent gang crime, and for other purposes; as follows:

       On page 129, strike lines 5 and 6, and insert the 
     following: ``ernment or combination thereof;
       ``(24) provide that juveniles alleged to be or found to be 
     delinquent of an act that, if committed by an adult, would be 
     a misdemeanor offense, and juveniles charged with or 
     convicted of such an offense, will not be detailed or 
     confined in any institution in which they have--
       ``(A) any physical contact (or proximity that provides an 
     opportunity for physical contact) with juveniles who are 
     alleged to be or found to be delinquent of an act that, if 
     committed by an adult, would constitute a felony offense, or 
     who are charged with or convicted of such an offense; or
       ``(B) the opportunity for the imparting or interchange of 
     speech by or between such juveniles and juveniles described 
     in subparagraph (A), except that this subparagraph does not 
     include the imparting or interchange of sounds or noises that 
     cannot reasonably be considered to be speech; and
       ``(25) to the extent that segments of the juve-''.
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 342

  Mr. ASHCROFT proposed an amendment to the bill S. 254, supra; as 
follows:

       To be inserted at the appropriate place:

        TITLE _. RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

     SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

       (a) Juvenile Weapons Penalties.--Section 924(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (4) by striking ``Whoever'' at the 
     beginning of the first sentence, and inserting in lieu 
     thereof, ``Except as provided in paragraph (6) of this 
     subsection, whoever''; and
       (2) in paragraph (6), by amending it to read as follows--
       ``(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, ammunition, larger capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     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, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     in violation of section 922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 922(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     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, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault weapon 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, ammunition, large capacity 
     ammunition feeding device or semiautomatic assault weapon in 
     the commission of a violent felony, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(C) For purposes of this paragraph a `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

[[Page S5308]]

     States, and the juvenile is subject to the penalties under 
     clause (ii) of paragraph (A), 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;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(2) It shall be unlawful for any person who is a juvenile 
     to knowingly possess--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(3) This subsection does not apply to--
       ``(A) a temporary transfer of a handgun, ammunition, large 
     capacity ammunition feeding device or a semiautomatic assault 
     weapon to a juvenile or to the possession or use of a 
     handgun, ammunition, large capacity ammunition feeding device 
     or a semiautomatic assault weapon by a juvenile--
       (i) if the handgun, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon are possessed 
     and used by the juvenile--
       ``(I) in the course of employment,
       ``(II) in the course of ranching or farming related to 
     activities at the 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 firearm.
       ``(ii) Clause (i) shall apply only if the juvenile's 
     possession and use of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     under this subparagraph are in accordance with State and 
     local law, and the following conditions are met--
       ``(I) except when a parent or guardian of the juvenile is 
     in the immediate and supervisory presence of the juvenile, 
     the juvenile shall have in the juvenile's possession at all 
     times when a handgun, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon is in the 
     possession of the juvenile, the prior written consent of the 
     juvenile's parent or guardian who is not prohibited by 
     Federal, State, or local law from possessing a firearm or 
     ammunition; and
       ``(II) during transportation by the juvenile directly from 
     the place of transfer to a place at which a activity 
     described in clause (i) is to take place the firearm shall be 
     unloaded and in a locked container or case, and during the 
     transportation by the juvenile of that firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the firearm shall also be unloaded and in a 
     locked container or case; or
       ``(III) with respect to employment, ranching or farming 
     activities as described in clause (i), a juvenile may possess 
     and use a handgun, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault rifle 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, ammunition, large capacity ammunition feeding 
     device or semiautomatic assault weapon in the line of duty;
       ``(C) a transfer by inheritance of title (but not 
     possession) of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     to a juvenile; or
       ``(D) the possession of a handgun, ammunition, large 
     capacity ammunition feeding device or a semiautomatic assault 
     weapon taken in lawful defense of the juvenile or other 
     persons in the residence of the juvenile or a residence in 
     which the juvenile is an invited guest.
       ``(4) A handgun, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault weapon, 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, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon is no longer 
     required by the Government for the purposes of investigation 
     or prosecution.
       ``(5) For purposes of this subsection, the term 
     ``juvenile'' means a person who is less than 18 years of age.
       ``(6)(A) In a prosecution of a violation of this 
     subsection, the court shall require the presence of a 
     juvenile defendant's parent or legal guardian at all 
     proceedings.
       ``(B) The court may use the contempt power to enforce 
     subparagraph (A).
       ``(C) The court may excuse attendance of a parent or legal 
     guardian of a juvenile defendant at a proceeding in a 
     prosecution of a violation of this subsection for good cause 
     shown.''
       (7) For purposes of this subsection only, the term ``large 
     capacity ammunition feeding device'' has the same meaning as 
     in section 921(a)(31) of title _ and includes similar devices 
     manufactured before the effective date of the Violent Crime 
     Control and Law Enforcement Act of 1994.

     SEC. 2. EFFECTIVE DATE.

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

                                 ______
                                 

                FEINSTEIN (AND OTHERS) AMENDMENT NO. 343

  Mrs. FEINSTEIN (for herself, Mr. Chafee, Mr. Kennedy, Mr. Schumer, 
Mr. Torricelli, Mr. Levin, Mr. Durbin, Ms. Landrieu, Mrs. Murray, Mr. 
Inouye, and Mr. Reed) proposed an amendment to the bill, S. 254, supra; 
as follows:

       On page 276, below the matter following line 3, add the 
     following:

                        TITLE V--ASSAULT WEAPONS

     SEC. 501. SHORT TITLE.

       This Act may be cited as the ``Juvenile Assault Weapon 
     Loophole Closure Act of 1999''.

     SEC. 502. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES.

       Section 922(w) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``(1) Except as provided 
     in paragraph (2)'' and inserting ``(1)(A) Except as provided 
     in subparagraph (B)'';
       (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and 
     inserting ``(B) Subparagraph (A)'';
       (3) by inserting before paragraph (3) the following new 
     paragraph (2):
       ``(2) It shall be unlawful for any person to import a large 
     capacity ammunition feeding device.''; and
       (4) in paragraph (4)--
       (A) by striking ``(1)'' each place it appears and inserting 
     ``(1)(A)''; and
       (B) by striking ``(2)'' and inserting ``(1)(B)''.

     SEC. 503. PROHIBITION ON TRANSFER TO AND POSSESSION BY 
                   JUVENILES OF SEMIAUTOMATIC ASSAULT WEAPONS AND 
                   LARGE CAPACITY AMMUNITION FEEDING DEVICES.

       Section 922(x) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.''; and
       (3) in paragraph (3)--
       (A) in subparagraph (B), by inserting ``, semiautomatic 
     assault weapon, or large capacity ammunition feeding device'' 
     after ``handgun''; and
       (B) in subparagraph (D), by striking ``or ammunition'' and 
     inserting ``, ammunition, semiautomatic assault weapon, or 
     large capacity ammunition feeding device''.

     SEC. 504. ENHANCED CRIMINAL PENALTIES FOR TRANSFERS OF 
                   HANDGUNS, AMMUNITION, SEMIAUTOMATIC ASSAULT 
                   WEAPONS, AND LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES TO JUVENILES.

       Section 924(a)(6)(B) of title 18, United States Code, is 
     amended--
       (1) in clause (i), by striking ``1 year'' and inserting ``5 
     years''; and
       (2) in clause (ii)--
       (A) by inserting ``, semiautomatic assault weapon, large 
     capacity ammunition feeding device, or'' after ``handgun'' 
     both places it appears; and
       (B) by striking ``10 years'' and inserting ``20 years''.

     SEC. 505. DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICE.

       Section 921(a)(31) of title 18, United States Code, is 
     amended by striking ``manufactured after the date of 
     enactment of the Violent Crime Control and Law Enforcement 
     Act of 1994''.

     SEC. 506. EFFECTIVE DATE.

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

[[Page S5309]]

                                 ______
                                 

                  HATCH (AND OTHERS) AMENDMENT NO. 344

  Mr. HATCH (for himself, Mr. Craig, Mr. McCain, Mr. Smith of Oregon 
Ms. Collins, Mr. Abraham, and Ms. Snowe) proposed an amendment to the 
bill, S. 254, supra; as follows:

       At the appropriate place insert:

                TITLE   --EFFECTIVE GUN LAW ENFORCEMENT

             Subtitle A--Criminal Use of Firearms by Felons

     SEC. 401. SHORT TITLE.

       This subtitle may be referred to as the ``Criminal Use of 
     Firearms by Felons (CUFF) Act''.

     SEC. 402. FINDINGS.

       Congress finds the following:
       (1) Tragedies such as those occurring recently in the 
     communities of Pearl, Mississippi, Paducah, Kentucky, 
     Jonesboro, Arkansas, Springfield, Oregon, and Littleton, 
     Colorado are terrible reminders of the vulnerability of 
     innocent individuals to random and senseless acts of criminal 
     violence.
       (2) The United States Congress has responded to the problem 
     of gun violence by passing numerous criminal statutes and by 
     supporting the development of law enforcement programs 
     designed both to punish the criminal misuse of weapons and 
     also to deter individuals from undertaking illegal acts.
       (3) In 1988, the Administration initiated an innovative 
     program known as Project Achilles. The concept behind the 
     initiative was that the illegal possession of firearms was 
     the Achilles heel or the area of greatest vulnerability of 
     criminals. By aggressively prosecuting criminals with guns in 
     Federal court, the offenders were subject to stiffer 
     penalties and expedited prosecutions. The Achilles program 
     was particularly effective in removing the most violent 
     criminals from our communities.
       (4) In 1991, the Administration expanded its efforts to 
     remove criminals with guns from our streets with Project 
     Triggerlock. Triggerlock continued the ideas formulated in 
     the Achilles program and committed the Department of Justice 
     resources to the prosecution effort. Under the program, every 
     United States Attorney was directed to form special teams of 
     Federal, State, and local investigators to look for gang and 
     drug cases that could be prosecuted as Federal weapon 
     violations. Congress appropriated additional funds to allow a 
     large number of new law enforcement officers and Federal 
     prosecutors to target these gun and drug offenders. In 1992, 
     approximately 7048 defendants were prosecuted under this 
     initiative.
       (5) Since 1993, the number of ``Project Triggerlock'' type 
     gun prosecutions pursued by the Department of Justice has 
     fallen to approximately 3807 prosecutions in 1998. This is a 
     decline of over 40 percent in Federal prosecutions of 
     criminals with guns.
       (6) The threat of criminal prosecution in the Federal 
     criminal justice system works to deter criminal behavior 
     because the Federal system is known for speedier trials and 
     longer prison sentences.
       (7) The deterrent effect of Federal gun prosecutions has 
     been demonstrated recently by successful programs, such as 
     ``Project Exile'' in Richmond, Virginia, which resulted in a 
     22 percent decrease in violent crime since 1994.
       (8) The Department of Justice's failure to prosecute the 
     criminal use of guns under existing Federal law undermines 
     the significant deterrent effect that these laws are meant to 
     produce.
       (9) The Department of Justice already possesses a vast 
     array of Federal criminal statutes that, if used aggressively 
     to prosecute wrongdoers, would significantly reduce both the 
     threat of, and the incidence of, criminal gun violence.
       (10) As an example, the Department of Justice has the 
     statutory authority in section 922(q) of title 18, United 
     States Code, to prosecute individuals who bring guns to 
     school zones. Although the Administration stated that over 
     6,000 students were expelled last year for bringing guns to 
     school, the Justice Department reports prosecuting only 8 
     cases under section 922(q) in 1998.
       (11) The Department of Justice is also empowered under 
     section 922(x) of title 18, United States Code, to prosecute 
     adults who transfer handguns to juveniles. In 1998, the 
     Department of Justice reports having prosecuted only 6 
     individuals under this provision.
       (12) The Department of Justice's utilization of existing 
     prosecutorial power is 1 of the most significant steps that 
     can be taken to reduce the number of criminal acts involving 
     guns, and represents a better response to the problem of 
     criminal violence than the enactment of new, symbolic laws, 
     which, if current Departmental trends hold, would likely be 
     underutilized .

     SEC. 403. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General and the Secretary 
     of the Treasury shall establish in the jurisdictions 
     specified in subsection (d) a program that meets the 
     requirements of subsections (b) and (c). The program shall be 
     known as the ``Criminal Use of Firearms by Felons (CUFF) 
     Program''.
       (b) Program Elements.--Each program established under 
     subsection (a) shall, for the jurisdiction concerned--
       (1) provide for coordination with State and local law 
     enforcement officials in the identification of violations of 
     Federal firearms laws;
       (2) provide for the establishment of agreements with State 
     and local law enforcement officials for the referral to the 
     Bureau of Alcohol, Tobacco, and Firearms and the United 
     States Attorney for prosecution of persons arrested for 
     violations of section 922(a)(6), 922(g)(1), 922(g)(2), 
     922(g)(3), 922(j), 922(q), 922(k), or 924(c) of title 18, 
     United States Code, or section 5861(d) or 5861(h) of the 
     Internal Revenue Code of 1986, relating to firearms;
       (3) require that the United States Attorney designate not 
     less than 1 Assistant United States Attorney to prosecute 
     violations of Federal firearms laws;
       (4) provide for the hiring of agents for the Bureau of 
     Alcohol, Tobacco, and Firearms to investigate violations of 
     the provisions referred to in paragraph (2) and section 
     922(a)(5) of title 18, United States Code, relating to 
     firearms; and
       (5) ensure that each person referred to the United States 
     Attorney under paragraph (2) be charged with a violation of 
     the most serious Federal firearm offense consistent with the 
     act committed.
       (c) Public Education Campaign.--As part of the program for 
     a jurisdiction, the United States Attorney shall carry out, 
     in cooperation with local civic, community, law enforcement, 
     and religious organizations, an extensive media and public 
     outreach campaign focused in high-crime areas to--
       (1) educate the public about the severity of penalties for 
     violations of Federal firearms laws; and
       (2) encourage law-abiding citizens to report the possession 
     of illegal firearms to authorities.
       (d) Covered Jurisdictions.--The jurisdictions specified in 
     this subsection are the following 25 jurisdictions:
       (1) The 10 jurisdictions with a population equal to or 
     greater than 100,000 persons that had the highest total 
     number of violent crimes according to the FBI uniform crime 
     report for 1998.
       (2) The 15 jurisdictions with such a population, other than 
     the jurisdictions covered by paragraph (1), with the highest 
     per capita rate of violent crime according to the FBI uniform 
     crime report for 1998.

     SEC. 404. ANNUAL REPORTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Attorney General shall 
     submit to the Committees on the Judiciary of Senate and House 
     of Representatives a report containing the following 
     information:
       (1) The number of Assistant United States Attorneys hired 
     under the program under this subtitle during the year 
     preceding the year in which the report is submitted in order 
     to prosecute violations of Federal firearms laws in Federal 
     court.
       (2) The number of individuals indicted for such violations 
     during that year by reason of the program.
       (3) The increase or decrease in the number of individuals 
     indicted for such violations during that year by reason of 
     the program when compared with the year preceding that year.
       (4) The number of individuals held without bond in 
     anticipation of prosecution by reason of the program.
       (5) To the extent information is available, the average 
     length of prison sentence of the individuals convicted of 
     violations of Federal firearms laws by reason of the program.

     SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out the program under 403 
     $50,000,000 for fiscal year 2000, of which--
       (1) $40,000,000 shall be used for salaries and expenses of 
     Assistant United States Attorneys and Bureau of Alcohol, 
     Tobacco, and Firearms agents; and
       (2) $10,000,000 shall be available for the public relations 
     campaign required by 403(c) of that section.
       (b) Use of Funds.--
       (1) The Assistant United States Attorneys hired using 
     amounts appropriated pursuant to the authorization of 
     appropriations in subsection (a) shall prosecute violations 
     of Federal firearms laws in accordance with section 
     403(b)(3).
       (2) The Bureau of Alcohol, Tobacco, and Firearms agents 
     hired using amounts appropriated pursuant to the 
     authorization of appropriations in subsection (a) shall, to 
     the maximum extent practicable, concentrate their 
     investigations on violations of Federal firearms laws in 
     accordance with section 403(b)(4).
       (3) It is the sense of Congress that amounts made available 
     under this section for the public education campaign required 
     by section 403(c) should, to the maximum extent practicable, 
     be matched with State or local funds or private donations.
       (c) Authorization of Additional Appropriations.--In 
     addition to amounts made available under subsection (a), 
     there is authorized to be appropriated to the Administrative 
     Office of the United States Courts such sums as may be 
     necessary to carry out this subtitle.

   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

     SEC. 411. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED 
                   VIOLENT CRIMINALS.

       (a) Pretrial Detention For Possession of Firearms or 
     Explosives By Convicted

[[Page S5310]]

     Felons.--Section 3156(a)(4) of title 18, United States Code, 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking ``and'' at the end of subparagraph (C) and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(D) an offense that is a violation of section 842(i) or 
     922(g) (relating to possession of explosives or firearms by 
     convicted felons); and''.
       (b) Firearms Possession By Violent Felons and Serious Drug 
     Offenders.--Section 924(a)(2) of title 18, United States 
     Code, is amended--
       (1) by striking ``Whoever'' and inserting ``(A) Except as 
     provided in subparagraph (B), any person who''; and
       (2) by adding at the end the following:
       ``(B) Notwithstanding any other provision of law, the court 
     shall not grant a probationary sentence to a person who has 
     more than 1 previous conviction for a violent felony or a 
     serious drug offense, committed under different 
     circumstances.''.

                Subtitle C--Youth Crime Gun Interdiction

     SEC. 421. YOUTH CRIME GUN INTERDICTION INITIATIVE.

       (a) In General.--
       (1) Expansion of number of cities.--The Secretary of the 
     Treasury shall endeavor to expand the number of cities and 
     counties directly participating in the Youth Crime Gun 
     Interdiction Initiative (in this section referred to as the 
     ``YCGII'') to 75 cities or counties by October 1, 2000, to 
     150 cities or counties by October 1, 2002, and to 250 cities 
     or counties by October 1, 2003.
       (2) Selection.--Cities and counties selected for 
     participation in the YCGII shall be selected by the Secretary 
     of the Treasury and in consultation with Federal, State and 
     local law enforcement officials.
       (b) Identification of Individuals.--
       (1) In general.--The Secretary of the Treasury shall, 
     utilizing the information provided by the YCGII, facilitate 
     the identification and prosecution of individuals illegally 
     trafficking firearms to prohibited individuals.
       (2) Sharing of information.--The Secretary of the Treasury 
     shall share information derived from the YCGII with State and 
     local law enforcement agencies through on-line computer 
     access, as soon as such capability is available.
       (c) Grant Awards.--
       (1) In general.--The Secretary of the Treasury shall award 
     grants (in the form of funds or equipment) to States, cities, 
     and counties for purposes of assisting such entities in the 
     tracing of firearms and participation in the YCGII.
       (2) Use of grant funds.--Grants made under this part shall 
     be used to--
       (A) hire or assign additional personnel for the gathering, 
     submission and analysis of tracing data submitted to the 
     Bureau of Alcohol, Tobacco and Firearms under the YCGII;
       (B) hire additional law enforcement personnel for the 
     purpose of identifying and arresting individuals illegally 
     trafficking firearms; and
       (C) purchase additional equipment, including automatic data 
     processing equipment and computer software and hardware, for 
     the timely submission and analysis of tracing data.

                    Subtitle D--Gun Prosecution Data

     SEC. 431. COLLECTION OF GUN PROSECUTION DATA.

       (a) Report to Congress.--On February 1, 2000, and on 
     February 1 of each year thereafter, the Attorney General 
     shall submit to the Committees on the Judiciary and on 
     Appropriations of the Senate and the House of Representatives 
     a report of information gathered under this section during 
     the fiscal year that ended on September 30 of the preceding 
     year.
       (b) Subject of Annual Report.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     require each component of the Department of Justice, 
     including each United States Attorney's Office, to furnish 
     for the purposes of the report described in subsection (a), 
     information relating to any case presented to the Department 
     of Justice for review or prosecution, in which the objective 
     facts of the case provide probable cause to believe that 
     there has been a violation of section 922 of title 18, United 
     States Code.
       (c) Elements of Annual Report.--With respect to each case 
     described in subsection (b), the report submitted under 
     subsection (a) shall include information indicating--
       (1) whether in any such case, a decision has been made not 
     to charge an individual with a violation of section 922 of 
     title 18, United States Code, or any other violation of 
     Federal criminal law;
       (2) in any case described in paragraph (1), the reason for 
     such failure to seek or obtain a charge under section 922 of 
     title 18, United States Code;
       (3) whether in any case described in subsection (b), an 
     indictment, information, or other charge has been brought 
     against any person, or the matter is pending;
       (4) whether, in the case of an indictment, information, or 
     other charge described in paragraph (3), the charging 
     document contains a count or counts alleging a violation of 
     section 922 of title 18, United States Code;
       (5) in any case described in paragraph (4) in which the 
     charging document contains a count or counts alleging a 
     violation of section 922 of title 18, United States Code, 
     whether a plea agreement of any kind has been entered into 
     with such charged individual;
       (6) whether any plea agreement described in paragraph (5) 
     required that the individual plead guilty, to enter a plea of 
     nolo contendere, or otherwise caused a court to enter a 
     conviction against that individual for a violation of section 
     922 of title 18, United States Code;
       (7) in any case described in paragraph (6) in which the 
     plea agreement did not require that the individual plead 
     guilty, enter a plea of nolo contendere, or otherwise cause a 
     court to enter a conviction against that individual for a 
     violation of section 922 of title 18, United States Code, 
     identification of the charges to which that individual did 
     plead guilty, and the reason for the failure to seek or 
     obtain a conviction under that section;
       (8) in the case of an indictment, information, or other 
     charge described in paragraph (3), in which the charging 
     document contains a count or counts alleging a violation of 
     section 922 of title 18, United States Code, the result of 
     any trial of such charges (guilty, not guilty, mistrial); and
       (9) in the case of an indictment, information, or other 
     charge described in paragraph (3), in which the charging 
     document did not contain a count or counts alleging a 
     violation of section 922 of title 18, United States Code, the 
     nature of the other charges brought and the result of any 
     trial of such other charges as have been brought (guilty, not 
     guilty, mistrial).

     Subtitle E--Firearms Possession by Violent Juvenile Offenders

     SEC. 441. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT 
                   JUVENILE OFFENDERS.

       (a) Definition.--Section 921(a)(20) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(20)'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) For purposes of subsections (d) and (g) of section 
     922, 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 or violent felony, as defined in 
     section 3559(c)(2)(F)(i) had Federal jurisdiction existed and 
     been exercised (except that section 3559(c)(3)(A) shall not 
     apply to this subparagraph).''; and
       (4) in the undesignated paragraph following subparagraph 
     (B) (as added by paragraph (3) of this subsection), by 
     striking ``What constitutes'' and all that follows through 
     ``this chapter,'' and inserting the following:
       ``(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 to be 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 comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of violent juvenile 
     delinquency,''.
       (c) Effective Date of Adjudication Provisions.--The 
     amendments made by this section shall only apply 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 certifies to Congress and separately 
     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.

            Subtitle F--Juvenile Access to Certain Firearms

     SEC. 451. PENALTIES FOR FIREARM VIOLATIONS INVOLVING 
                   JUVENILES.

       (a) Penalties for Firearm Violations by Juveniles.--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) Transfer to or possession by a juvenile.--
       ``(A) Definitions of violent felony.--In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and

[[Page S5311]]

       ``(ii) the term `violent felony' has the meaning given the 
     term in subsection (e)(2)(B).
       ``(B) Possession by a juvenile.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     juvenile who violates section 922(x) shall be fined under 
     this title, imprisoned not more than 5 years, or both.
       ``(ii) Probation.--Unless clause (iii) applies and unless a 
     juvenile fails to comply with a condition of probation, the 
     juvenile may be sentenced to probation on appropriate 
     conditions if--

       ``(I) the offense with which the juvenile is charged is 
     possession of a handgun, ammunition, or semiautomatic assault 
     weapon 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.

       ``(iii) School zones.--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, ammunition, or semiautomatic assault 
     weapon in violation of section 922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 922(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun, ammunition, or semiautomatic 
     assault weapon in the commission of a violent felony.

       ``(C) Transfer to a juvenile.--A person other than a 
     juvenile who knowingly violates section 922(x)--
       ``(i) shall be fined under this title, imprisoned not less 
     than 1 year and not more than 5 years, or both; or
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun, ammunition, or semiautomatic assault 
     weapon 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, ammunition, or 
     semiautomatic assault weapon in the commission of a violent 
     felony, shall be fined under this title and imprisoned not 
     less than 10 and not more than 20 years.
       ``(D) Cases in united states district court.--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 
     subparagraph (B)(iii), 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.
       ``(E) No release at age 18.--No juvenile sentenced to a 
     term of imprisonment shall be released from custody solely 
     for the reason that the juvenile has reached the age of 18 
     years.''.
       (b) Unlawful Weapons Transfers to Juveniles.--Section 922 
     of title 18, United States Code, is amended by striking 
     subsection (x) and inserting the following:
       ``(x) Juveniles.--
       ``(1) Definition of juvenile.--In this subsection, the term 
     `juvenile' means a person who is less than 18 years of age.
       ``(2) Transfer to juveniles.--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;
       ``(B) ammunition that is suitable for use only in a 
     handgun; or
       ``(C) a semiautomatic assault weapon.
       ``(3) Possession by a juvenile.--It shall be unlawful for 
     any person who is a juvenile to knowingly possess--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun; or
       ``(C) a semiautomatic assault weapon.
       ``(4) Applicability.--
       ``(A) In general.--This subsection does not apply to--
       ``(i) if the conditions stated in subparagraph (B) are met, 
     a temporary transfer of a handgun, ammunition, or 
     semiautomatic assault weapon to a juvenile or to the 
     possession or use of a handgun, ammunition, or semiautomatic 
     assault weapon by a juvenile if the handgun, ammunition, or 
     semiautomatic assault weapon is 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) 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, ammunition, or semiautomatic assault 
     weapon in the line of duty;
       ``(iii) a transfer by inheritance of title (but not 
     possession) of handgun, ammunition, or semiautomatic assault 
     weapon to a juvenile; or
       ``(iv) the possession of a handgun, ammunition, or 
     semiautomatic assault weapon taken in lawful 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.
       ``(B) Temporary transfers.--Clause (i) shall apply if--
       ``(i) the juvenile's possession and use of a handgun, 
     ammunition, or semiautomatic assault weapon under this 
     paragraph are in accordance with State and local law; and
       ``(ii)(I)(aa) except when a parent or guardian of the 
     juvenile is in the immediate and supervisory presence of the 
     juvenile, the juvenile, at all times when a handgun, 
     ammunition, or semiautomatic assault weapon is in the 
     possession of the juvenile, has in the juvenile's possession 
     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 item (aa) is to take place, the firearm is 
     unloaded and in a locked container or case, and during the 
     transportation by the juvenile of the firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the firearm is unloaded and in a locked container 
     or case; or
       ``(II) with respect to ranching or farming activities as 
     described in subparagraph (A)(i)(II)--

       ``(aa) a juvenile possesses and uses a handgun, ammunition, 
     or semiautomatic assault weapon with the prior written 
     approval of the juvenile's parent or legal guardian;
       ``(bb) the approval is on file with an adult who is not 
     prohibited by Federal, State, or local law from possessing a 
     firearm or ammunition; and
       ``(cc) the adult is directing the ranching or farming 
     activities of the juvenile.

       ``(5) Innocent transferors.--A handgun, ammunition, or 
     semiautomatic assault weapon, the possession of which is 
     transferred to a juvenile in circumstances in which the 
     transferor is not in violation under 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 the handgun, ammunition, or 
     semiautomatic assault weapon is no longer required by the 
     Government for the purposes of investigation or prosecution.
       ``(6) Attendance by parent or legal guardian as criminal 
     proceedings.--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 for good cause.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

                 Subtitle G--General Firearm Provisions

     SEC. 461. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 
                   IMPROVEMENTS.

       (a) Expedited Action by the Attorney General.--
       (1) In general.--The Attorney General shall expedite--
       (A) not later than 90 days after the date of enactment of 
     this section, a study of the feasibility of developing--
       ``(i) a single fingerprint convicted offender database in 
     the Federal criminal records system maintained by the Federal 
     Bureau of Investigation; and
       (ii) procedures under which a licensed firearm dealer may 
     voluntarily transmit to the National Instant Check System a 
     single digitalized fingerprint for prospective firearms 
     transferees;
       (B) the provision of assistance to States, under the Crime 
     Identification Technology Act of 1998 (112 Stat. 1871), in 
     gaining access to records in the National Instant Check 
     System disclosing the disposition of State criminal cases; 
     and
       (C) development of a procedure for the collection of data 
     identifying persons that are prohibited from possessing a 
     firearm by section 922(g) of title 18, United States Code, 
     including persons adjudicated as a mental defective, persons 
     committed to a mental institution, and persons subject to a 
     domestic violence restraining order.
       (2) Considerations.--In developing procedures under 
     paragraph (1), the Attorney General shall consider the 
     privacy needs of individuals.
       (b) Compatibility of Ballistics Information Systems.--The 
     Attorney General and the Secretary of the Treasury shall 
     ensure the integration and interoperability of ballistics 
     identification systems maintained by the Federal Bureau of 
     Investigation and the Bureau of Alcohol, Tobacco, and 
     Firearms through the National Integrated Ballistics 
     Information Network.
       (c) Forensic Laboratory Inspection.--The Attorney General 
     shall provide financial assistance to the American Academy of 
     Forensic Science Laboratory Accreditation Board to be used to 
     facilitate forensic laboratory inspection activities.
       (d) Relief From Disability Database.--Section 925(c) of 
     title 18, United States Code, is amended--

[[Page S5312]]

       (1) by striking ``(c) A person'' and inserting the 
     following:
       ``(c) Relief From Disabilities.--
       ``(1) In general.--A person''; and
       (2) by adding at the end the following:
       ``(2) Database.--The Secretary shall establish a database, 
     accessible through the National Instant Check System, 
     identifying persons who have been granted relief from 
     disability under paragraph (1).''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 2000--
       (1) to pay the costs of the Federal Bureau of Investigation 
     in operating the National Instant Check System, $68,000,000;
       (2) for payments to States that act as points of contact 
     for access to the National Instant Check System, $40,000,000;
       (3) to carry out subsection (a)(1), $40,000,000;
       (4) to carry out subsection (a)(3), $25,000,000;
       (5) to carry out subsection (b), $1,150,000; and
       (6) to carry out subsection (c), $1,000,000.
       (f) Increased Authorization.--Section 102(e)(1) of the 
     Crime Identification Technology Act of 1998 (42 U.S.C. 
     14601(e)(1)) is amended by striking ``this section'' and all 
     that follows and inserting ``this section--
       ``(A) $250,000,000 for fiscal year 1999;
       ``(B) $350,000,000 for each of fiscal years 2000 through 
     2003.''.

                      TITLE V--ENHANCED PENALTIES

     SEC. 501. STRAW PURCHASES.

       (a) In General.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Notwithstanding paragraph (2), whoever knowingly 
     violates section 922(a)(6) for the purpose of selling, 
     delivering, or otherwise transferring a firearm, knowing or 
     having reasonable cause to know that another person 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) imprisoned not less than 10 and not more than 20 
     years and fined under this title, if the procurement is for a 
     juvenile.
       ``(B) In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and
       ``(ii) the term `violent felony' has the meaning given the 
     term in subsection (e)(2)(B).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 502. STOLEN FIREARMS.

       (a) In General.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``(i), (j),''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates subsection (i) or (j) of 
     section 922 shall be fined under this title, imprisoned not 
     more than 15 years, or both.'';
       (2) in subsection (i)(1), by striking by striking ``10 
     years, or both'' and inserting ``15 years, or both; and
       (3) in subsection (l), by striking ``10 years, or both'' 
     and inserting ``15 years, or both''.
       (b) Sentencing Commission.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     reflect the amendments made by subsection (a).

     SEC. 503. INCREASE IN PENALTIES FOR CRIMES INVOLVING 
                   FIREARMS.

       Section 924 of title 18, United States Code, is amended--
       (1) in subsection (c)(1)(A)--
       (A) in clause (iii), by striking ``10 years.'' and 
     inserting ``12 years; and''; and
       (B) by adding at the end the following:
       ``(iv) if the firearm is used to injure another person, be 
     sentenced to a term of imprisonment of not less than 15 
     years.''; and
       (2) in subsection (h), by striking ``imprisoned not more 
     than 10 years'' and inserting ``imprisoned not less than 5 
     years and not more than 10 years''.

     SEC. 504. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO 
                   MINORS.

       Section 418 of the Controlled Substances Act (21 U.S.C. 
     859) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 505. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A 
                   SCHOOL OR OTHER PROTECTED LOCATION.

       Section 419 of the Controlled Substances Act (21 U.S.C. 
     860) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``three years'' each 
     place that term appears and inserting ``5 years''.

                   Subtitle C--Internet Prohibitions

     SECTION 430. SHORT TITLE.

       This Act may be cited as the ``Internet Firearms and 
     Explosives Advertising Act of 1999''.

     SEC. 431. FINDINGS; PURPOSE.

       Congress finds the following:
       (a) Citizens have an individual right, under the Second 
     Amendment to the United States Constitution, to Keep and Bear 
     Arms. The Gun Control Act of 1968 and the Firearms Owners 
     Protection Act of 1986 specifically state that it is not the 
     intent of Congress to frustrate the free exercise of that 
     right in enacting federal legislation. The free exercise of 
     that right includes law abiding firearms owners buying, 
     selling, trading, and collecting guns in accordance with 
     federal, state, and local laws for whatever lawful use they 
     deem desirable.
       (b) The Internet is a powerful information medium, which 
     has and continues to be an excellent tool to educate citizens 
     on the training, education and safety programs available to 
     use firearms safely and responsibly. It has, and should 
     continue to develop, as a 21st century tool for ``e-
     commerce'' and marketing many products, including firearms 
     and sporting goods. Many web sites related to these topics 
     are sponsored in large part, by the sporting firearms and 
     hunting community.
       (c) It is the intent of Congress that this legislation be 
     applied where the Internet is being exploited to violate the 
     applicable explosives and firearms laws of the United States.

     SEC. 432. PROHIBITIONS ON USES OF THE INTERNET.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Criminal firearms and explosives solicitations

       ``(a)(1) In General.--Any person who, in a circumstance 
     described in paragraph (2), knowingly makes, prints, or 
     publishes, or causes to be made, printed or published, any 
     notice of advertisement seeking or offering to receive, 
     exchange, buy, sell, produce, distribute, or transfer--
       ``(A) a firearm knowing that such transaction, if carried 
     out as noticed or advertised, would violate subsection (a), 
     (d), (g) or (x) of section 922 of this chapter, or
       ``(B) explosive materials knowing that such transaction, if 
     carried out as noticed or advertised, would violate 
     subsection (a), (d) and (i) of section 842 of this title: 
     shall be punished as provided under subsection (b).
       ``(2) The circumstance referred to in paragraph (1) is 
     that--
       ``(A) such person knows or has reason to know that such 
     notice or advertisement will be transported in interstate or 
     foreign commerce by computer; or
       ``(B) such notice or advertisement is transported in 
     interstate or foreign commerce by computer.
       ``(b) Penalties.--Any individual who violates, or attempts 
     or conspires to violate, this section shall be fined under 
     this title or imprisoned not more than 1 year, and both, but 
     if such person has one prior conviction under this section, 
     or under the laws of any State relating to the same offense, 
     such person shall be fined under this title and imprisoned 
     for not more than 5 years, but if such person has 2 or more 
     prior convictions under this section, or under the laws of 
     any State relating to the same offense, such person shall be 
     fined under this title and imprisoned not less than 10 years 
     nor more than 20 years. Any organization that violates, or 
     attempts or conspires to violate, this section shall be fined 
     under this title. Whoever, in the course of an offense under 
     this section, engages in conduct that results in the death of 
     a juvenile, herein defined as an individual who has not yet 
     attained the age of 18 years, shall be punished by death, or 
     imprisoned for any term of years or for life.
       ``(c) Defenses.--It is an affirmative defense against any 
     proceeding involving this section if the proponent proves by 
     a preponderance of the evidence that:
       ``(1) the advertisement or notice came from--
       ``(A) a web site, notice or advertisement operated or 
     created by a person licensed--
       ``(i) as a manufacturer, importer, or dealer under section 
     923 of this chapter; or
       ``(ii) under chapter 40 of this title, and
       ``(B) the site, advertisement or notice, advised the person 
     at least once prior to the offering of the product, material 
     or information to the person that sales or transfers of the 
     product or information will be made in accord with federal, 
     state and local law applicable to the buyer or transferee, 
     and such notice includes, in the case of firearms or 
     ammunition, additional information that firearms transfers 
     will only be made through a licensee, and that firearms and 
     ammunition transfers are prohibited to felons, fugitives, 
     juveniles and other persons under the Gun Control Act of 1968 
     prohibited from receiving or possessing firearms or 
     ammunitions; or
       ``(2) the advertisement or notice came from--
       ``(A) a web site, notice or advertisement is operated or 
     created by a person not licensed as stated in paragraph (1); 
     and
       ``(B) the site, advertisement or notice, advised the person 
     at least once prior to the offering of the product, material 
     or information to the person that the sales or transfers of 
     the product or information--
       ``(i) will be made in accord with federal, state and local 
     law applicable to the buyer or transferee, and such notice 
     includes, in the case of firearms or ammunition, that 
     firearms and ammunition transfers are prohibited to felons, 
     fugitives, juveniles and other persons under the Gun Control 
     Act of 1968 prohibited from receiving or possessing firearms 
     or ammunition; and
       ``(ii) as a term or condition for posting or listing the 
     firearm for sale or exchange on the web site for a 
     prospective transferor, the web site, advertisement or notice 
     requires that, in the event of any agreement to sell or 
     exchange the firearm pursuant to that posting or listing, the 
     firearm be transferred to that person for disposition through 
     a federal

[[Page S5313]]

     firearms licensee, where the Gun Control Act of 1968 requires 
     the transfer to be made through a federal firearms 
     licensee.''.
       ``(b) Technical and Conforming Admendments--The analysis 
     for chapter 44 of title 18, United States Code, is amended by 
     inserting after the item relating to section 930 the 
     following:

``931. ``Sec. 931. Criminal firearms and explosives solicitation.''.

     SEC. 433. EFFECTIVE DATE.--

       The amendments made by Sections 430-432 shall take effect 
     beginning on the date that is 180 days after of the enactment 
     of this Act.
         On page 65, after line 20, insert the following:

     SEC. __. APPLICATION OF SECTION 923 (J) AND (M).

       Notwithstanding any other provision of this Act, section 
     923 of title 18, United States Code, as amended by this Act, 
     shall be applied by amending in subsections (j) and (m) the 
     following:
       In subsection (j) amend--
       (1) paragraph (2)(A) and (B) to read as follows:
       ``(A) In general.--A temporary location referred to in 
     paragraph (1) is a location for a gun show, or event in the 
     State specified on the license, at which firearms, firearms 
     accessories and related items may be bought, sold, traded, 
     and displayed, in accordance with Federal, State, and local 
     laws.
       ``(B) Locations out of state.--If the location is not in 
     the State specified on the license, a licensee may display 
     any firearm, and take orders for a firearm or effectuate the 
     transfer of a firearm, in accordance with this chapter, 
     including paragraph (7) of this subsection.'';
       ``(C) Qualified gun shows or events.--A gun show or an 
     event shall qualify as a temporary location if--
       ``(i) the gun show or event is one which is sponsored, for 
     profit or not, by an individual, national, State, or local 
     organization, association, or other entity to foster the 
     collecting, competitive use, sporting use, or any other legal 
     use of firearms; and
       ``(ii) the gun show or event has (a) 20 percent or more 
     firearm exhibitors our of all exhibitors; or (b) 10 or more 
     firearms exhibitors.
       (2) paragraph (3)(C) to read as follows:
       ``(C) shall be retained at the premises specified on the 
     license.''; and
       (3) paragraph (7) to read as follows:
       ``(7) No effect on other rights.--Nothing in this 
     subsection diminishes in any manner any right to display, 
     sell, or otherwise dispose of firearms or ammunition that is 
     in effect before the date of enactment of the Firearms 
     Owners' Protection Act, including the right of a licensee to 
     conduct firearms transfers and business away from their 
     business premises with another licensee without regard to 
     whether the location of the business is in the State 
     specified on the license of either licensee.''.
       In subsection (m), amend--
       (1) paragraph (2)(E)(i) to read as follows:
       ``(i) In general.--A person not licensed under this section 
     who desires to transfer a firearm at a gun show in his State 
     of residence to another person who is a resident of the same 
     State, and not licensed under this section, shall only make 
     such a transfer through a licensee who can conduct an instant 
     background check at the gun show, or directly to the 
     prospective transferee if an instant background check is 
     first conducted by a special registrant at the gun show on 
     the prospective transferee. For any instant background check 
     conducted at a gun show, the time period stated in section 
     922(t)(1)(B)(ii) of this chapter shall be 24 hours in a 
     calendar day since the licensee contacted the system. If the 
     services of a special registrant are used to determine the 
     firearms eligibility of the prospective transferee to 
     possesses a firearm, the transferee shall provide the special 
     registrant at the gun show, on a special and limited-purpose 
     form that the Secretary shall prescribe for use by a special 
     registrant--

       ``(I) the name, age, address, and other identifying 
     information of the prospective transferee (or, in the case of 
     a prospective transferee that is a corporation or other 
     business entity, the identity and principal and local places 
     of business of the prospective transferee); and
       ``(II) proof of verification of the identity of the 
     prospective transferee as required by section 
     922(t)(1)(C).``; and

       (2) paragraph (4) to read as follows:
       ``(4) Immunity.--
       ``(A) Definition.--In this paragraph:
       ``(i) In general.--The term `qualified civil liability 
     action' means a civil action brought by any person against a 
     person described in subparagraph (B) for damages resulting 
     from the criminal or unlawful misuse of the firearm by the 
     transferee or a third party.
       ``(ii) Exclusions.--The term `qualified civil liability 
     action' shall not include an action--

       ``(I) brought against a transferor convicted under section 
     924(h), or a comparable State felony law, by a person 
     directly harmed by the transferee's criminal conduct, as 
     defined in section 924(h); or
       ``(II) brought against a transferor for negligent 
     entrustment or negligence per se.

       ``(B) Immunity.--Notwithstanding any other provision of 
     law, a person who is--
       ``(i) a special registrant who performs a background check 
     in the manner prescribed in this subsection at a gun show;
       ``(ii) a licensee or special licensee who acquires a 
     firearm at a gun show from a nonlicensee, for transfer to 
     another nonlicensee in attendance at the gun show, for the 
     purpose of effectuating a sale, trade, or transfer between 
     the 2 nonlicensees, all in the manner prescribed for the 
     acquisition and disposition of a firearm under this chapter; 
     or
       ``(iii) a nonlicensee person disposing of a firearm who 
     uses the services of a person described in clause (i) or 
     (ii);

     shall be entitled to immunity from civil liability action as 
     described in subparagraphs (C) and (D).
       ``(C) Prospective actions.--A qualified civil liability 
     action may not be brought in any Federal or State court.
       ``(D) Dismissal of pending actions.--A qualified civil 
     liability action that is pending on the date of enactment of 
     this subsection shall be dismissed immediately by the 
     court.''.
                                 ______
                                 

                         BOND AMENDMENT NO. 345

  (Ordered to lie on the table.)
  Mr. BOND submitted an amendment intended to be proposed by him to the 
bill, S. 254, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMISSION ON ACCOUNTABILITY OF THE MOTION PICTURE 
                   INDUSTRY.

       (a) Short Title.--This section may be cited as the ``Motion 
     Picture Industry Accountability Act''.
       (b) Purpose.--The purpose of this section is to establish a 
     commission to study the motion picture industry and make 
     recommendations to Congress and the President to promote 
     accountability in the motion picture industry in order to 
     reduce juvenile access to violent, pornographic, or other 
     harmful material in motion pictures.
       (c) Establishment.--There is established a commission to be 
     known as the ``Motion Picture Industry Accountability 
     Commission'' (in this section referred to as the 
     ``Commission'').
       (d) Composition.--
       (1) Composition.--The Commission shall be composed of 12 
     members appointed as follows:
       (A) Four members shall be appointed by the President.
       (B) Four members shall be appointed by the Speaker of the 
     House of Representatives.
       (C) Four members shall be appointed by the Majority Leader 
     of the Senate.
       (2) Chairperson.--The Chairperson of the Commission shall 
     be jointly designated by the Speaker of the House of 
     Representatives and the Majority Leader of the Senate from 
     among the members of the Commission.
       (3) Qualifications.--At least one member of the Commission 
     appointed by each of the President, the Speaker of the House 
     of Representatives, and the Majority Leader of the Senate 
     shall be the parent of a child under the age of 18 years.
       (e) Comprehensive Review.--
       (1) In general.--The Commission shall conduct a 
     comprehensive review of the motion picture industry with a 
     focus on juvenile access to violent, pornographic, or other 
     harmful materials in motion pictures.
       (2) Assessment.--In conducting the review, the Commission 
     shall assess the following:
       (A) How the Federal Government and State and local 
     governments, through their taxing power or otherwise, 
     subsidize, facilitate, or otherwise reduce the cost to the 
     motion picture industry of producing violent, pornographic, 
     or other harmful materials, and any changes that might 
     curtail such assistance.
       (B) How the motion picture industry markets its products to 
     children and how such marketing can be regulated.
       (C) What standard of civil and criminal liability currently 
     exist for the products of the motion picture industry and 
     what standards would be sufficient to permit victims of such 
     products to seek legal redress against the producers of such 
     products in cases where the content of such products causes, 
     exacerbates, or otherwise influences destructive behavior.
       (D) Whether Federal regulation of the content of motion 
     pictures is appropriate.
       (E) If and how an excise tax levied on violent, 
     pornographic, or other harmful motion picture materials might 
     be structured in order--
       (i) to discourage viewership of such materials; and
       (ii) to finance measures aimed at limiting access to such 
     materials.
       (F) What other actions the Federal Government might take to 
     reduce the quantity of and access to motion pictures 
     containing violent, pornographic, or other harmful materials.
       (f) Reports.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Commission shall submit to the 
     President, the Speaker of the House of Representatives, and 
     the Majority Leader of the Senate a report on the review 
     conducted under subsection (e).
       (2) Recommendations.--The report may include 
     recommendations of the Commission only if approved by a 
     majority of the members of the Commission.
       (g) Powers.--The Commission may for the purpose of carrying 
     out this section--
       (1) conduct hearings, take testimony, issue subpoenas, and 
     receive such evidence, as the Commission considers 
     appropriate;
       (2) secure directly from any department or agency of the 
     Federal Government such information as may be necessary for 
     the Commission to carry out the duties of the Commission 
     under this section;

[[Page S5314]]

       (3) use the United States mails in the same manner and 
     under the same conditions as the departments and agencies of 
     the Federal Government; and
       (4) receive from the Secretary of Commerce appropriate 
     office space and such administrative and support services as 
     the Commission may request.
       (h) Procedures.--The Commission shall meet on a regular 
     basis or at the call of the Chairperson or a majority of the 
     members of the Commission.
       (i) Personnel Matters.--The members of the Commission shall 
     serve on the Commission without compensation, but shall be 
     allowed travel expenses including per diem in lieu of 
     subsistence, as authorized by section 5702 of title 5, United 
     States Code, when engaged in the performance of the duties of 
     the Commission.
       (j) Staff.--The Commission shall appoint a staff director 
     and sufficient support staff, including clerical and 
     professional staff, to carry out the duties of the Commission 
     under this section. The total number of staff under this 
     subsection may not exceed 10.
       (k) Detailed Personnel.--At the request of the Chairperson 
     of the Commission, the head of any department or agency of 
     the Federal Government may detail, without reimbursement, any 
     personnel of the department or agency to the Commission to 
     assist the Commission in carrying out the duties of the 
     Commission under this section.
       (l) Funding.--
       (1) Authorization of Appropriations.--There are authorized 
     to be appropriated $1,000,000 to carry out this section.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations in paragraph (1) shall remain 
     available until expended.
       (m) Termination.--The Commission shall terminate 60 days 
     after the date on which the Commission submits the reports 
     required by subsection (f).
                                 ______
                                 
      HELMS AMENDMENTS NOS. 346-347
  (Ordered to lie on the table.)
  Mr. HELMS submitted two amendments intended to be proposed by him to 
the bill, S. 254, supra; as follows:

                           Amendment No. 346

       At the appropriate place, insert the following:

     ``SEC.   . SAFE SCHOOLS.

       ``(a) Amendment.--Section 14601(b) of part F of title XIV 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8921(b0) is amended by adding at the end a new 
     paragraph (3a) as follows:
       ``(3a) Background checks.--Each State receiving federal 
     funds under this Act shall have in effect a State law 
     requiring local educational agencies to conduct, for each of 
     their employees (regardless of when hired) and prospective 
     employees, a nationwide background check for the purpose of 
     determining whether the employee has been convicted of a 
     crime that bears upon his fitness to have responsibility for 
     the safety or well-being of children, to serve in the 
     particular capacity in which he is (or is to be) employed, or 
     otherwise to be employed at all thereby.''
       ``(b) Compliance Date.--States shall have two years from 
     the date of enactment of this Act to comply with the 
     requirements established in the amendment made by subsection 
     (a).''
                                  ____


                           Amendment No. 347

       At the appropriate place, insert the following:

     ``SEC.   . SAFE SCHOOLS.

       ``(a) Amendments.--Part F of title XIV of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) 
     is amended as follows:
       ``(1) Short title.--Section 14601(a) is amended by 
     replacing ``Gun-Free'' with ``Safe'', and ``1994'' with 
     ``1999''.
       ``(2) Requirements.--Section 14601(b)(1) is amended by 
     inserting after ``determined'' the following: ``to be in 
     possession of an illegal drug, or illegal drug paraphernalia, 
     on school property under the jurisdiction of, or in a vehicle 
     operated by an employee or agent of, a local educational 
     agency in that State, or''.
       ``(3) Definitions.--Section 14601(b)(4) is amended by 
     replacing ``Definition'' with ``Definitions'' in the 
     catchline, by replacing ``section'' in the matter under the 
     catchline with ``part'', by redesignating the matter under 
     the catchline after the comma as subparagraph (A), by 
     replacing the period with a semi-colon, and by adding new 
     subparagraphs (B) and (C) as follows:
       ``(B) the term ``illegal drug'' means a controlled 
     substance, as defined in section 102(6) of the Controlled 
     Substance Act (21 U.S.C. 802(6)), the possession of which is 
     unlawful under the Act (21 U.S.C. 801 et seq.) or under the 
     Controlled Substances Import and Export Act (21 U.S.C. 951 et 
     seq.), but does not mean a controlled substance used pursuant 
     to a valid prescription or as authorized by law; and
       ``(C) the term ``illegal drug paraphernalia'' means drug 
     paraphernalia, as defined in section 422(d) of the Controlled 
     Substances Act (21 U.S.C. 863(d0), except that the first 
     sentence of that section shall be applied by inserting ``or 
     under the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.)'' before the period.''.
       ``(4) Report to state.--Section 14601(d)(2)(C) is amended 
     by inserting ``illegal drugs, illegal drug paraphernalia, 
     or'' before ``weapons''.
       ``(5) Repealer.--Section 14601 is amended by striking 
     subsection (f).
       ``(6) Policy regarding criminal justice system referral.--
     Section 14602(a) is amended by replacing ``served by'' with 
     ``under the jurisdiction of'', and by inserting after ``who'' 
     the following: ``is in possession of an illegal drug, or 
     illegal drug paraphernalia, on school property under the 
     jurisdiction of, or in a vehicle operated by an employee or 
     agent of, such agency, or who''.
       ``(7) Data and policy dissemination under idea.--Section 
     14603 is amended by inserting ``current'' before ``policy'', 
     by striking ``in effect on October 20, 1994'', by striking 
     all the matter after ``schools'' and inserting a period 
     thereafter, and by inserting before ``engaging'' the 
     following: ``possessing illegal drugs, or illegal drug 
     paraphernalia, on school property, or in vehicles operated by 
     employees or agents of, schools or local educational 
     agencies, or''.
       ``(b) Compliance Date; Reporting.--
       ``(1) States shall have two years from the date of 
     enactment of this Act to comply with the requirements 
     established in the amendments made by subsection (a).
       ``(2) Not later than three years after the date of 
     enactment of this Act, the Secretary of Education shall 
     submit to Congress a report on any State that is not in 
     compliance with the requirements of this part.
       ``(3) Not later than two years after the date of enactment 
     of this Act, the Secretary of Education shall submit to 
     Congress a report analyzing the strengths and weaknesses of 
     approaches regarding the disciplining of children with 
     disabilities.''
                                 ______
                                 

                       ASHCROFT AMENDMENT NO. 348

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
the bill, S. 254, supra; as follows:

       On page 228, line 11 strike ``and''.
       On page 228, line 14 strike the period and insert ``; 
     and''.
       On page 228, between lines 14 and 15, insert the following:
       ``(4) Prosecution of juveniles as adults for certain 
     offenses involving firearms.--The State shall prosecute 
     juveniles who are not less than 14 years of age as adults in 
     criminal court, rather than in juvenile delinquency 
     proceedings, if the juvenile used, carrier or possessed a 
     firearm during the commission of conduct constituting--
       ``(A) murder;
       ``(B) robbery while armed with a dangerous or deadly 
     weapon;
       ``(C) battery or assault while armed with a dangerous or 
     deadly weapon;
       ``(D) forcible rape; or
       ``(E) any serious drug offense that, if committed by an 
     adult subject to Federal jurisdiction, would be punishable 
     under section 401(b)(1)(A) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)(1)(A)).''
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 349

  (Ordered to lie on the table.)
  Mr. ASHCROFT (for himself, Mr. Frist, Mr. Helms, Mr. Coverdell, and 
Mr. Allard) submitted an amendment intended to be proposed by him to 
the bill, S. 254, supra; as follows:

       At the appropriate place, insert the following:

     SEC.----1. SHORT TITLE.

       This subtitle may be cited as the ``School Safety Act of 
     1999''.

     SEC.----2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       ``(a) Placement in Alternative Educational Setting.--
     Section 615(k) of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1415(k)) is amended--
       (1) in paragraph (1)(A)(ii)(I), by inserting ``(other than 
     a gun or firearm)'' after ``weapon'';
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following new 
     section:
       ``(10) Discipline with regard to guns or firearms.--
       ``(A) Authority of school personnel with respect to guns or 
     firearms.--
       ``(i) Notwithstanding any other provision of this Act, 
     school personnel may discipline (including expel or suspend) 
     a child with a disability who carries or possesses a gun or 
     firearm to or at a school, on school premises, or to or at a 
     school function, under the jurisdiction of a State or a local 
     educational agency, in the same manner in which such 
     personnel may discipline a child without a disability.
       ``(ii) Nothing in clause (i) shall be construed to prevent 
     a child with a disability who is disciplined pursuant to the 
     authority provided under clause (i) from asserting a defense 
     that the carrying or possession of the gun or firearm was 
     unintentional or innocent.
       ``(B) Free appropriate public education.--
       ``(i) Ceasing to provide education.--Notwithstanding 
     section 612(a)(1)(A), a child expelled or suspended under 
     subparagraph (A) shall not be entitled to continued 
     educational services, including a free appropriate public 
     education, under this title, during the term of such 
     expulsion or suspension, if the State in which the local 
     educational agency responsible for providing educational 
     services to such child does not require a

[[Page S5315]]

     child without a disability to receive educational services 
     after being expelled or suspended.
       ``(ii) Providing education.--Notwithstanding clause (i), 
     the local education agency responsible for providing 
     educational services to a child with a disability who is 
     expelled or suspended under subparagraph (A) may choose to 
     continue to provide educational services to such child. If 
     the local educational agency so choose to continue to provide 
     the services--
       ``(I) nothing in this title shall require the local 
     educational agency to provide such child with a free 
     appropriate public education, or any particular level of 
     service; and
       ``(II) the location where the local educational agency 
     provides the services shall be left to the discretion of the 
     local educational agency.
       ``(C) Relationship to other requirements.--
       ``(i) Plan requirements.--No agency shall be considered to 
     be in violation of section 612 or 613 because the agency has 
     provided discipline, services, or assistance in accordance 
     with this paragraph.
       ``(ii) Procedure.--Actions taken pursuant to this paragraph 
     shall not be subject to the provisions of this section, other 
     than this paragraph.
       ``(D) Firearms.--The term `firearm' has the meaning given 
     the term under section 921 of title18, United States Code.''.
       (b) Conforming Amendment.--Section 615(f)(1) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(f)(1)) is amended by striking ``Whenever'' and inserting 
     the following: ``Expect as provided in section 615(k)(10), 
     whenever''.

     SEC.----03. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.

       Subsection (c) of section 14601 of the Gun-Free School Act 
     of 1994 (20 U.S.C. 8921) is amended to read as follows:
       ``(c) Special rule.--Notwithstanding any other provision of 
     this section, this section shall be subject to section 
     615(i)(1) of the Individual with Disabilities Education Act 
     (20 U.S.C. 1415(k)(10)).''.

     SEC.----04. APPLICATION.

       The amendments made by sections ----01 through ----03 shall 
     not apply to conduct occurring prior to the date of enactment 
     of this title.
                                 ______
                                 

                 SCHUMER (AND OTHERS) AMENDMENT NO. 350

  Mr. SCHUMER (for himself, Mr. Lautenberg, Mr. Kohl, Mrs. Feinstein, 
Mr. Torricelli, and Mr. Durbin) proposed an amendment to the bill, S. 
254, supra; as follows:

       On page 265, after line 20, insert the following:

     SEC.   . INTERNET GUN TRAFFICKING ACT OF 1999.

       (a) Short Title.--This section may be cited as the 
     ``Internet Gun Trafficking Act of 1999''.
       (b) Regulation of Internet Firearms Transfers.--
       (1) Prohibitions.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (y) the 
     following:
       ``(z) Regulation of Internet Firearms Transfers.--
       ``(1) In general.--It shall be unlawful for any person to 
     operate an Internet website, if a clear purpose of the 
     website is to offer 10 or more firearms for sale or exchange 
     at one time, or is to otherwise facilitate the sale or 
     exchange of 10 or more firearms posted or listed on the 
     website at one time, unless--
       ``(A) the person is licensed as a manufacturer, importer, 
     or dealer under section 923;
       ``(B) the person notifies the Secretary of the Internet 
     address of the website, and any other information concerning 
     the website as the Secretary may require by regulation; and
       ``(C) if any firearm posted or listed for sale or exchange 
     on the website is not from the business inventory or personal 
     collection of that person--
       ``(i) the person, as a term or condition for posting or 
     listing the firearm for sale or exchange on the website on 
     behalf of a prospective transferor, requires that, in the 
     event of any agreement to sell or exchange the firearm 
     pursuant to that posting or listing, the firearm be 
     transferred to that person for disposition in accordance 
     with clause (iii);
       ``(ii) the person prohibits the posting or listing on the 
     website of, and does not in any manner disseminate, any 
     information (including any name, nickname, telephone number, 
     address, or electronic mail address) that is reasonably 
     likely to enable the prospective transferor and prospective 
     transferee to contact one another directly prior to the 
     shipment of the firearm to that person under clause (i), 
     except that this clause does not include any information 
     relating solely to the manufacturer, importer, model, 
     caliber, gauge, physical attributes, operation, performance, 
     or price of the firearm; and
       ``(iii) with respect to each firearm received from a 
     prospective transferor under clause (i), the person--
       ``(I) enters such information about the firearm as the 
     Secretary may require by regulation into a separate bound 
     record;
       ``(II) in transferring the firearm to any transferee, 
     complies with the requirements of this chapter as if the 
     firearm were being transferred from the business inventory of 
     that person; and
       ``(III) if the prospective transferor does not provide the 
     person with a certified copy of a valid firearms license 
     issued to the prospective transferor under this chapter, 
     submits to the Secretary a report of the transfer or other 
     disposition of the firearm on a form specified by the 
     Secretary, which report shall not include the name of, or any 
     other identifying information relating to, the transferor.
       ``(2) Transfers by persons other than licensees.--It shall 
     be unlawful for any person who is not licensed under section 
     923 to transfer a firearm pursuant to a posting or listing of 
     the firearm for sale or exchange on an Internet website 
     described in paragraph (1) to any person other than the 
     operator of the website.
       ``(3) Interactive Computer Service.--Nothing in this 
     section may be construed to provide any basis for liability 
     against an interactive computer service which is not engaged 
     in an activity a purpose of which is to--
       ``(A) originate an offer for sale of one or more firearms 
     on an Internet website; or
       ``(B) provide a forum that is directed specifically at an 
     audience of potential customers who wish to sell, exchange, 
     or transfer firearms with or to others.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Whoever willfully violates section 922(z)(2) shall be 
     fined under this title, imprisoned not more than 2 years, or 
     both.''.

                          ____________________