[Congressional Record Volume 155, Number 33 (Wednesday, February 25, 2009)]
[Senate]
[Pages S2490-S2500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 573. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end of the bill add the following:

     SEC. 9. FAIRNESS DOCTRINE PROHIBITED.

       (a) Limitation on General Powers: Fairness Doctrine.--Title 
     III of the Communications Act of 1934 is amended by inserting 
     after section 303 (47 U.S.C. 303) the following new section:

     ``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

       ``Notwithstanding section 303 or any other provision of 
     this Act or any other Act authorizing the Commission to 
     prescribe rules, regulations, policies, doctrines, standards, 
     guidelines, or other requirements, the Commission shall not 
     have the authority to prescribe any rule, regulation, policy, 
     doctrine, standard, guideline, or other requirement that has 
     the purpose or effect of reinstating or repromulgating (in 
     whole or in part)--
       ``(1) the requirement that broadcasters present or 
     ascertain opposing viewpoints on issues of public importance, 
     commonly referred to as the `Fairness Doctrine', as repealed 
     in In re Complaint of Syracuse Peace Council against 
     Television Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 
     (1987); or
       ``(2) any similar requirement that broadcasters meet 
     programming quotas or guidelines for issues of public 
     importance.''.
       (b) Severability.--Notwithstanding section 7(a), if any 
     provision of section 2(a)(1), 2(b)(1), or 3 or any amendment 
     made by those sections is declared or held invalid or 
     unenforceable by a court of competent jurisdiction, the 
     amendment made by subsection (a) and the application of such 
     amendment to any other person or circumstance shall not be 
     affected by such holding.
                                 ______
                                 
  SA 574. Mr. KYL proposed an amendment to the bill S. 160, to provide 
the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; as follows:

       On page 27, strike line 21 through the end of the bill and 
     insert the following:

     SEC. 8. JUDICIAL REVIEW.

       (a) Special Rules for Actions Brought on Constitutional 
     Grounds.--If any action is brought to challenge the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act, the following rules shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened pursuant to section 2284 of title 28, 
     United States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (3) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (4) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.
       (b) Intervention by Members of Congress.--
       (1) In general.--In any action in which the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act is challenged (including an action 
     described in subsection (a)), any member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or the Senate shall have the 
     right to intervene or file legal pleadings or briefs either 
     in support of or opposition to the position of a party to the 
     case regarding the constitutionality of the provision or 
     amendment.
       (2) Court efficiency.--To avoid duplication of efforts and 
     reduce the burdens placed on the parties to the action, the 
     court in any action described in paragraph (1) may make such 
     orders as it considers necessary, including orders to require 
     intervenors taking similar positions to file joint papers or 
     to be represented by a single attorney at oral argument.
       (c) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), to challenge the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act.
                                 ______
                                 
  SA 575. Mr. ENSIGN (for himself, Mr. Vitter, Mr. Coburn, Mr. DeMint, 
Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe, 
Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. Isakson, Mr. Crapo, Mr. 
Cornyn, Mr. Brownback, Mr. Corker, Mr. Martinez, Ms. Murkowski, Mr. 
Graham, and Mr. Roberts) proposed an amendment to the bill S. 160, to 
provide the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; as follows:

       At the appropriate place, insert the following:

               TITLE __--SECOND AMENDMENT ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Second Amendment 
     Enforcement Act''.

     SEC. _02. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) The Second Amendment to the United States Constitution 
     provides that the right of the people to keep and bear arms 
     shall not be infringed.
       (2) As the Congress and the Supreme Court of the United 
     States have recognized, the Second Amendment to the United 
     States Constitution protects the rights of individuals, 
     including those who are not members of a militia or engaged 
     in military service or training, to keep and bear arms.
       (3) The law-abiding citizens of the District of Columbia 
     are deprived by local laws of handguns, rifles, and shotguns 
     that are commonly kept by law-abiding persons throughout the 
     United States for sporting use and for lawful defense of 
     their persons, homes, businesses, and families.
       (4) The District of Columbia has the highest per capita 
     murder rate in the Nation, which may be attributed in part to 
     local laws prohibiting possession of firearms by law-abiding 
     persons who would otherwise be able to defend themselves and 
     their loved ones in their own homes and businesses.
       (5) The Federal Gun Control Act of 1968, as amended by the 
     Firearms Owners' Protection Act of 1986, and the Brady 
     Handgun Violence Prevention Act of 1993, provide 
     comprehensive Federal regulations applicable in the District 
     of Columbia as elsewhere. In addition, existing District of 
     Columbia criminal laws punish possession and illegal use of 
     firearms by violent criminals and felons. Consequently, there 
     is no need for local laws which only affect and disarm law-
     abiding citizens.
       (6) Officials of the District of Columbia have indicated 
     their intention to continue to unduly restrict lawful firearm 
     possession and use by citizens of the District.
       (7) Legislation is required to correct the District of 
     Columbia's law in order to restore the fundamental rights of 
     its citizens under the Second Amendment to the United States 
     Constitution and thereby enhance public safety.

     SEC. _03. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT 
                   FIREARMS.

       Section 4 of the Act entitled ``An Act to prohibit the 
     killing of wild birds and wild animals in the District of 
     Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-
     303.43, D.C. Official Code) is amended by adding at the end 
     the following: ``Nothing in this section or any other 
     provision of law shall authorize, or shall be construed to 
     permit, the Council, the Mayor, or any governmental or 
     regulatory authority of the District of Columbia to prohibit, 
     constructively prohibit, or unduly burden the ability of 
     persons not prohibited from possessing firearms under Federal 
     law from acquiring, possessing in their homes or businesses, 
     or using for sporting, self-protection or other lawful 
     purposes, any firearm neither prohibited by Federal law nor 
     subject to the National Firearms Act. The District of 
     Columbia shall not have authority to enact laws or 
     regulations that discourage or eliminate the private 
     ownership or use of firearms. Nothing in the previous two 
     sentences shall be construed to prohibit the District of 
     Columbia from regulating or prohibiting the carrying of 
     firearms by a person, either concealed or openly, other than 
     at the person's dwelling place, place of business, or on 
     other land possessed by the person.''.

     SEC. _04. REPEAL D.C. SEMIAUTOMATIC BAN.

       (a) In General.--Section 101(10) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official 
     Code) is amended to read as follows:
       ``(10) `Machine gun' means any firearm which shoots, is 
     designed to shoot, or may be readily restored to shoot 
     automatically, more than 1 shot without manual reloading by a 
     single function of the trigger, and includes the frame or 
     receiver of any such weapon, any part designed and intended 
     solely and exclusively, or combination of parts designed and 
     intended, for use in converting a weapon into a machine gun, 
     and any combination of parts from which a machine gun

[[Page S2491]]

     can be assembled if such parts are in the possession or under 
     the control of a person.''.
       (b) Conforming Amendment to Provisions Setting Forth 
     Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22--4501(c), D.C. Official Code) is 
     amended to read as follows:
       ``(c) `Machine gun', as used in this Act, has the meaning 
     given such term in section 101(10) of the Firearms Control 
     Regulations Act of 1975.''.

     SEC. _05. REPEAL REGISTRATION REQUIREMENT.

       (a) Repeal of Requirement.--
       (1) In general.--Section 201(a) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official 
     Code) is amended by striking ``any firearm, unless'' and all 
     that follows through paragraph (3) and inserting the 
     following: ``any firearm described in subsection (c).''.
       (2) Description of firearms remaining illegal.--Section 201 
     of such Act (sec. 7-2502.01, D.C. Official Code) is amended 
     by adding at the end the following new subsection:
       ``(c) A firearm described in this subsection is any of the 
     following:
       ``(1) A sawed-off shotgun.
       ``(2) A machine gun.
       ``(3) A short-barreled rifle.''.
       (3) Conforming amendment.--The heading of section 201 of 
     such Act (sec. 7-2502.01, D.C. Official Code) is amended by 
     striking ``Registration requirements'' and inserting 
     ``Firearm Possession''.
       (b) Conforming Amendments to Firearms Control Regulations 
     Act.--The Firearms Control Regulations Act of 1975 is amended 
     as follows:
       (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
     2502.11, D.C. Official Code) are repealed.
       (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
     amended by striking paragraph (13).
       (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``the District;'' and 
     all that follows and inserting the following: ``the District, 
     except that a person may engage in hand loading, reloading, 
     or custom loading of ammunition for firearms lawfully 
     possessed under this Act.''; and
       (B) in subsection (b), by striking ``which are 
     unregisterable under section 202'' and inserting ``which are 
     prohibited under section 201''.
       (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``Any person eligible to 
     register a firearm'' and all that follows through ``such 
     business,'' and inserting the following: ``Any person not 
     otherwise prohibited from possessing or receiving a firearm 
     under Federal or District law, or from being licensed under 
     section 923 of title 18, United States Code,''; and
       (B) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) The applicant's name;''.
       (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
     is amended by striking ``registration certificate'' and 
     inserting ``dealer's license''.
       (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
     Code) is amended--
       (A) in subparagraph (B)(i), by striking ``registration 
     certificate number (if any) of the firearm,'';
       (B) in subparagraph (B)(iv), by striking ``holding the 
     registration certificate'' and inserting ``from whom it was 
     received for repair'';
       (C) in subparagraph (C)(i), by striking ``and registration 
     certificate number (if any) of the firearm'';
       (D) in subparagraph (C)(ii), by striking ``registration 
     certificate number or''; and
       (E) by striking subparagraphs (D) and (E).
       (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
     is amended to read as follows:
       ``(c) Within 45 days of a decision becoming effective which 
     is unfavorable to a licensee or to an applicant for a 
     dealer's license, the licensee or application shall--
       ``(1) lawfully remove from the District all destructive 
     devices in his inventory, or peaceably surrender to the Chief 
     all destructive devices in his inventory in the manner 
     provided in section 705; and
       ``(2) lawfully dispose, to himself or to another, any 
     firearms and ammunition in his inventory.''.
       (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
     is amended by striking ``would not be eligible'' and all that 
     follows and inserting ``is prohibited from possessing or 
     receiving a firearm under Federal or District law.''.
       (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
     amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Any person or organization not prohibited from 
     possessing or receiving a firearm under Federal or District 
     law may sell or otherwise transfer ammunition or any firearm, 
     except those which are prohibited under section 201, to a 
     licensed dealer.'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Any licensed dealer may sell or otherwise transfer a 
     firearm to any person or organization not otherwise 
     prohibited from possessing or receiving such firearm under 
     Federal or District law.'';
       (C) in subsection (d), by striking paragraphs (2) and (3); 
     and
       (D) by striking subsection (e).
       (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``any registration 
     certificate or'' and inserting ``a''; and
       (B) in subsection (b), by striking ``registration 
     certificate,''.
       (c) Other Conforming Amendments.--Section 2(4) of the 
     Illegal Firearm Sale and Distribution Strict Liability Act of 
     1992 (sec. 7-2531.01(4), D.C. Official Code) is amended--
       (1) in subparagraph (A), by striking ``or ignoring proof of 
     the purchaser's residence in the District of Columbia''; and
       (2) in subparagraph (B), by striking ``registration and''.

     SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

       Section 601(3) of the Firearms Control Regulations Act of 
     1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by 
     striking ``is the holder of the valid registration 
     certificate for'' and inserting ``owns''.

     SEC. _07. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

       Section 702 of the Firearms Control Regulations Act of 1975 
     (sec. 7-2507.02, D.C. Official Code) is repealed.

     SEC. _08. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF 
                   UNREGISTERED FIREARMS.

       (a) In General.--Section 706 of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) 
     is amended--
       (1) by striking ``that:'' and all that follows through 
     ``(1) A'' and inserting ``that a''; and
       (2) by striking paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to violations occurring after the 
     60-day period which begins on the date of the enactment of 
     this Act.

     SEC. _09. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN 
                   ONE'S DWELLING OR OTHER PREMISES.

       (a) In General.--Section 4(a) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``a 
     pistol,'' and inserting the following: ``except in his 
     dwelling house or place of business or on other land 
     possessed by that person, whether loaded or unloaded, a 
     firearm,''; and
       (2) by striking ``except that:'' and all that follows 
     through ``(2) If the violation'' and inserting ``except that 
     if the violation''.
       (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 
     651; sec. 22-4505, D.C. Official Code) is amended--
       (1) by striking ``pistol'' each place it appears and 
     inserting ``firearm''; and
       (2) by striking ``pistols'' each place it appears and 
     inserting ``firearms''.

     SEC. _10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT 
                   RESIDENTS.

       Section 922 of title 18, United States Code, is amended in 
     paragraph (b)(3) by inserting after ``other than a State in 
     which the licensee's place of business is located'' the 
     following: ``, or to the sale or delivery of a handgun to a 
     resident of the District of Columbia by a licensee whose 
     place of business is located in Maryland or Virginia,''.

     SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

       The Firearms Registration Amendment Act of 2008 and the 
     Firearms Registration Emergency Amendment Act of 2008, as 
     passed by the District of Columbia, are repealed.

     SEC. _12. SEVERABILITY.

       Notwithstanding any other provision of this Act, if any 
     provision of this Act, or any amendment made by this Act, or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this title 
     and amendments made by this title, and the application of 
     such provision or amendment to other persons or circumstances 
     shall not be affected thereby.
                                 ______
                                 
  SA 576. Mr. COBURN (for himself and Mr. Inhofe) proposed an amendment 
to amendment SA 575 proposed by Mr. Ensign (for himself, Mr. Vitter, 
Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, 
Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. 
Isakson, Mr. Crapo, Mr. Cornyn, Mr. Brownback, Mr. Corker, Mr. 
Martinez, Ms. Murkowski, Mr. Graham, and Mr. Roberts) to the bill s. 
160, to provide the District of Columbia a voting seat and the State of 
Utah an additional seat in the House of Representatives; as follows:

       Strike all after the first word and insert the following:

                    SECOND AMENDMENT ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Second Amendment 
     Enforcement Act''.

     SEC. _02. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) The Second Amendment to the United States Constitution 
     provides that the right of the people to keep and bear arms 
     shall not be infringed.
       (2) As the Congress and the Supreme Court of the United 
     States have recognized, the Second Amendment to the United 
     States Constitution protects the rights of individuals, 
     including those who are not members of a militia or engaged 
     in military service or training, to keep and bear arms.
       (3) The law-abiding citizens of the District of Columbia 
     are deprived by local laws of handguns, rifles, and shotguns 
     that are commonly kept by law-abiding persons throughout the 
     United States for sporting use and

[[Page S2492]]

     for lawful defense of their persons, homes, businesses, and 
     families.
       (4) The District of Columbia has the highest per capita 
     murder rate in the Nation, which may be attributed in part to 
     local laws prohibiting possession of firearms by law-abiding 
     persons who would otherwise be able to defend themselves and 
     their loved ones in their own homes and businesses.
       (5) The Federal Gun Control Act of 1968, as amended by the 
     Firearms Owners' Protection Act of 1986, and the Brady 
     Handgun Violence Prevention Act of 1993, provide 
     comprehensive Federal regulations applicable in the District 
     of Columbia as elsewhere. In addition, existing District of 
     Columbia criminal laws punish possession and illegal use of 
     firearms by violent criminals and felons. Consequently, there 
     is no need for local laws which only affect and disarm law-
     abiding citizens.
       (6) Officials of the District of Columbia have indicated 
     their intention to continue to unduly restrict lawful firearm 
     possession and use by citizens of the District.
       (7) Legislation is required to correct the District of 
     Columbia's law in order to restore the fundamental rights of 
     its citizens under the Second Amendment to the United States 
     Constitution and thereby enhance public safety.

     SEC. _03. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT 
                   FIREARMS.

       Section 4 of the Act entitled ``An Act to prohibit the 
     killing of wild birds and wild animals in the District of 
     Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-
     303.43, D.C. Official Code) is amended by adding at the end 
     the following: ``Nothing in this section or any other 
     provision of law shall authorize, or shall be construed to 
     permit, the Council, the Mayor, or any governmental or 
     regulatory authority of the District of Columbia to prohibit, 
     constructively prohibit, or unduly burden the ability of 
     persons not prohibited from possessing firearms under Federal 
     law from acquiring, possessing in their homes or businesses, 
     or using for sporting, self-protection or other lawful 
     purposes, any firearm neither prohibited by Federal law nor 
     subject to the National Firearms Act. The District of 
     Columbia shall not have authority to enact laws or 
     regulations that discourage or eliminate the private 
     ownership or use of firearms. Nothing in the previous two 
     sentences shall be construed to prohibit the District of 
     Columbia from regulating or prohibiting the carrying of 
     firearms by a person, either concealed or openly, other than 
     at the person's dwelling place, place of business, or on 
     other land possessed by the person.''.

     SEC. _04. REPEAL D.C. SEMIAUTOMATIC BAN.

       (a) In General.--Section 101(10) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official 
     Code) is amended to read as follows:
       ``(10) `Machine gun' means any firearm which shoots, is 
     designed to shoot, or may be readily restored to shoot 
     automatically, more than 1 shot without manual reloading by a 
     single function of the trigger, and includes the frame or 
     receiver of any such weapon, any part designed and intended 
     solely and exclusively, or combination of parts designed and 
     intended, for use in converting a weapon into a machine gun, 
     and any combination of parts from which a machine gun can be 
     assembled if such parts are in the possession or under the 
     control of a person.''.
       (b) Conforming Amendment to Provisions Setting Forth 
     Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4501(c), D.C. Official Code) is 
     amended to read as follows:
       ``(c) `Machine gun', as used in this Act, has the meaning 
     given such term in section 101(10) of the Firearms Control 
     Regulations Act of 1975.''.

     SEC. _05. REPEAL REGISTRATION REQUIREMENT.

       (a) Repeal of Requirement.--
       (1) In general.--Section 201(a) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official 
     Code) is amended by striking ``any firearm, unless'' and all 
     that follows through paragraph (3) and inserting the 
     following: ``any firearm described in subsection (c).''.
       (2) Description of firearms remaining illegal.--Section 201 
     of such Act (sec. 7-2502.01, D.C. Official Code) is amended 
     by adding at the end the following new subsection:
       ``(c) A firearm described in this subsection is any of the 
     following:
       ``(1) A sawed-off shotgun.
       ``(2) A machine gun.
       ``(3) A short-barreled rifle.''.
       (3) Conforming amendment.--The heading of section 201 of 
     such Act (sec. 7--2502.01, D.C. Official Code) is amended by 
     striking ``Registration requirements'' and inserting 
     ``Firearm Possession''.
       (b) Conforming Amendments to Firearms Control Regulations 
     Act.--The Firearms Control Regulations Act of 1975 is amended 
     as follows:
       (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
     2502.11, D.C. Official Code) are repealed.
       (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
     amended by striking paragraph (13).
       (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``the District;'' and 
     all that follows and inserting the following: ``the District, 
     except that a person may engage in hand loading, reloading, 
     or custom loading of ammunition for firearms lawfully 
     possessed under this Act.''; and
       (B) in subsection (b), by striking ``which are 
     unregisterable under section 202'' and inserting ``which are 
     prohibited under section 201''.
       (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``Any person eligible to 
     register a firearm'' and all that follows through ``such 
     business,'' and inserting the following: ``Any person not 
     otherwise prohibited from possessing or receiving a firearm 
     under Federal or District law, or from being licensed under 
     section 923 of title 18, United States Code,''; and
       (B) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) The applicant's name;''.
       (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
     is amended by striking ``registration certificate'' and 
     inserting ``dealer's license''.
       (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
     Code) is amended--
       (A) in subparagraph (B)(i), by striking ``registration 
     certificate number (if any) of the firearm,'';
       (B) in subparagraph (B)(iv), by striking ``holding the 
     registration certificate'' and inserting ``from whom it was 
     received for repair'';
       (C) in subparagraph (C)(i), by striking ``and registration 
     certificate number (if any) of the firearm'';
       (D) in subparagraph (C)(ii), by striking ``registration 
     certificate number or''; and
       (E) by striking subparagraphs (D) and (E).
       (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
     is amended to read as follows:
       ``(c) Within 45 days of a decision becoming effective which 
     is unfavorable to a licensee or to an applicant for a 
     dealer's license, the licensee or application shall--
       ``(1) lawfully remove from the District all destructive 
     devices in his inventory, or peaceably surrender to the Chief 
     all destructive devices in his inventory in the manner 
     provided in section 705; and
       ``(2) lawfully dispose, to himself or to another, any 
     firearms and ammunition in his inventory.''.
       (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
     is amended by striking ``would not be eligible'' and all that 
     follows and inserting ``is prohibited from possessing or 
     receiving a firearm under Federal or District law.''.
       (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
     amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Any person or organization not prohibited from 
     possessing or receiving a firearm under Federal or District 
     law may sell or otherwise transfer ammunition or any firearm, 
     except those which are prohibited under section 201, to a 
     licensed dealer.'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Any licensed dealer may sell or otherwise transfer a 
     firearm to any person or organization not otherwise 
     prohibited from possessing or receiving such firearm under 
     Federal or District law.'';
       (C) in subsection (d), by striking paragraphs (2) and (3); 
     and
       (D) by striking subsection (e).
       (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``any registration 
     certificate or'' and inserting ``a''; and
       (B) in subsection (b), by striking ``registration 
     certificate,''.
       (c) Other Conforming Amendments.--Section 2(4) of the 
     Illegal Firearm Sale and Distribution Strict Liability Act of 
     1992 (sec. 7-2531.01(4), D.C. Official Code) is amended--
       (1) in subparagraph (A), by striking ``or ignoring proof of 
     the purchaser's residence in the District of Columbia''; and
       (2) in subparagraph (B), by striking ``registration and''.

     SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

       Section 601(3) of the Firearms Control Regulations Act of 
     1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by 
     striking ``is the holder of the valid registration 
     certificate for'' and inserting ``owns''.

     SEC. _07. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

       Section 702 of the Firearms Control Regulations Act of 1975 
     (sec. 7-2507.02, D.C. Official Code) is repealed.

     SEC. _08. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF 
                   UNREGISTERED FIREARMS.

       (a) In General.--Section 706 of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) 
     is amended--
       (1) by striking ``that:'' and all that follows through 
     ``(1) A'' and inserting ``that a''; and
       (2) by striking paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to violations occurring after the 
     60-day period which begins on the date of the enactment of 
     this Act.

     SEC. _09. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN 
                   ONE'S DWELLING OR OTHER PREMISES.

       (a) In General.--Section 4(a) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``a 
     pistol,'' and inserting the following: ``except in his 
     dwelling house or place of business or on other land 
     possessed by that person, whether loaded or unloaded, a 
     firearm,''; and
       (2) by striking ``except that:'' and all that follows 
     through ``(2) If the violation'' and inserting ``except that 
     if the violation''.

[[Page S2493]]

       (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 
     651; sec. 22-4505, D.C. Official Code) is amended--
       (1) by striking ``pistol'' each place it appears and 
     inserting ``firearm''; and
       (2) by striking ``pistols'' each place it appears and 
     inserting ``firearms''.

     SEC. _10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT 
                   RESIDENTS.

       Section 922 of title 18, United States Code, is amended in 
     paragraph (b)(3) by inserting after ``other than a State in 
     which the licensee's place of business is located'' the 
     following: ``, or to the sale or delivery of a handgun to a 
     resident of the District of Columbia by a licensee whose 
     place of business is located in Maryland or Virginia,''.

     SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

       The Firearms Registration Amendment Act of 2008 and the 
     Firearms Registration Emergency Amendment Act of 2008, as 
     passed by the District of Columbia, are repealed.

     SEC. _12. SEVERABILITY.

       Notwithstanding any other provision of this Act, if any 
     provision of this Act, or any amendment made by this Act, or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this title 
     and amendments made by this title, and the application of 
     such provision or amendment to other persons or circumstances 
     shall not be affected thereby.

     SEC. 13. EFFECTIVE DATE.

       This Act shall take effect 1 day after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 577. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       Due to the unique status of the District of Columbia, 
     created by the Constitution of the United States, bona fide 
     residents of the District shall, notwithstanding any other 
     provision of law, be exempt from the individual Federal 
     income tax for taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 578. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       (a) In General.--Subpart D of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF 
                   COLUMBIA.

       ``(a) General Rule.--In the case of an individual who is a 
     bona fide resident of the District of Columbia during the 
     entire taxable year, gross income shall not include--
       ``(1) income derived from sources within the District of 
     Columbia; and
       ``(2) income effectively connected with the conduct of a 
     trade or business by such individual within the District of 
     Columbia.
       ``(b) Deductions, etc. Allocable to Excluded Amounts Not 
     Allowable.--An individual shall not be allowed--
       ``(1) as a deduction from gross income any deductions 
     (other than the deduction under section 151, relating to 
     personal exemptions); or
       ``(2) any credit, properly allocable or chargeable against 
     amounts excluded from gross income under this section.
       ``(c) Bona Fide Resident and Other Applicable Rules.--For 
     purposes of this section, rules similar to the rules of 
     section 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall 
     apply.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     D of part III of subchapter N of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 938. Income from sources within the District of Columbia.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 579. Mr. THUNE (for himself, Mr. Vitter, Mr. Grassley, Mr. Wicker, 
Mr. Coburn, Mr. DeMint, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Risch, 
Mr. Crapo, and Mr. Webb) proposed an amendment to the bill S. 160, to 
provide the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESPECTING STATES RIGHTS AND CONCEALED CARRY 
                   RECIPROCITY ACT OF 2009.

       (a) Short Title.--This section may be cited as the 
     ``Respecting States Rights and Concealed Carry Reciprocity 
     Act of 2009''.
       (b) Reciprocity for the Carrying of Certain Concealed 
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``Notwithstanding any provision of the law of any State or 
     the District of Columbia or political subdivision thereof--
       ``(1) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is carrying a valid license or permit which is issued 
     pursuant to the law of any State or the District of Columbia 
     and which permits the person to carry a concealed firearm, 
     may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the terms of the license 
     or permit, subject to the laws of the State or the District 
     of Columbia in which the firearm is carried concerning 
     specific types of locations in which firearms may not be 
     carried; and
       ``(2) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is otherwise than as described in paragraph (1) entitled 
     to carry a concealed firearm in and pursuant to the law of 
     the State or the District of Columbia in which the person 
     resides, may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the laws of the State or 
     the District of Columbia in which the person resides, subject 
     to the laws of the State or the District of Columbia in which 
     the firearm is carried concerning specific types of locations 
     in which firearms may not be carried.''.
       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18 is amended by inserting after the item 
     relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.

       (c) Severability.--If any other provision of this Act, 
     another amendment made by this Act, or the application of 
     such provision or amendment to any person or circumstance is 
     held to be unconstitutional, this section and the application 
     of the provisions of such to any person or circumstance shall 
     not be affected thereby.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 580. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NO FEDERAL INCOME TAXES FOR RESIDENTS OF THE 
                   DISTRICT OF COLUMBIA.

       (a) In General.--Subpart D of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF 
                   COLUMBIA.

       ``(a) General Rule.--In the case of an individual who is a 
     bona fide resident of the District of Columbia (other than a 
     Member of Congress) during the entire taxable year, gross 
     income shall not include--
       ``(1) income derived from sources within the District of 
     Columbia; and
       ``(2) income effectively connected with the conduct of a 
     trade or business by such individual within the District of 
     Columbia.
       ``(b) Deductions, etc. Allocable to Excluded Amounts Not 
     Allowable.--An individual shall not be allowed--
       ``(1) as a deduction from gross income any deductions 
     (other than the deduction under section 151, relating to 
     personal exemptions); or
       ``(2) any credit, properly allocable or chargeable against 
     amounts excluded from gross income under this section.
       ``(c) Bona Fide Resident and Other Applicable Rules.--For 
     purposes of this section, rules similar to the rules of 
     sections 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall 
     apply.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     D of part III of subchapter N of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 938. Income from sources within the District of Columbia.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 581. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       Due to the unique status of the District of Columbia, 
     created by the Constitution of the

[[Page S2494]]

     United States, bona fide residents of the District (other 
     than Members of Congress) shall, notwithstanding any other 
     provision of law, be exempt from the individual Federal 
     income tax for taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 582. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE 
                   GUN CONTROL ACT OF 1968.

       (a) In General.--Section 921(a)(4)(B) of title 18, United 
     States Code, is amended--
       (1) by striking ``any type of weapon'' and inserting the 
     following: ``any--
       ``(i) type of weapon''; and
       (2) by striking ``and'' at the end and inserting the 
     following: ``or
       ``(ii) .50 BMG caliber sniper rifle; and''.
       (b) Definition of .50 BMG Caliber Sniper Rifle.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     at the end the following:
       ``(36) The term `.50 BMG caliber sniper rifle' means--
       ``(A) a rifle capable of firing a center-fire cartridge in 
     .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG 
     and any other metric equivalent; or
       ``(B) a copy or duplicate of any rifle described in 
     subparagraph (A), or any other rifle developed and 
     manufactured after the date of enactment of this paragraph, 
     regardless of caliber, if such rifle is capable of firing a 
     projectile that attains a muzzle energy of 12,000 foot-pounds 
     or greater in any combination of bullet, propellant, case, or 
     primer.''.
       (c) Coverage of .50 BMG Caliber Sniper Rifles Under the 
     National Firearms Act.--
       (1) In general.--Section 5845(f) of the National Firearms 
     Act (26 U.S.C. 5845(f)) is amended--
       (A) by striking ``and (3)'' and inserting ``(3) any .50 BMG 
     caliber sniper rifle (as that term is defined in section 921 
     of title 18, United States Code); and (4)''; and
       (B) by striking ``(1) and (2)'' and inserting ``(1), (2), 
     or (3)''.
       (2) Modification to definition of rifle.--Section 5845(c) 
     of the National Firearms Act (26 U.S.C. 5845(c)) is amended 
     by inserting ``or from a bipod or other support'' after 
     ``shoulder''.
       (d) Implementation.--Not later than 30 days after the date 
     of enactment of this Act, the Attorney General shall 
     implement regulations providing for notice and registration 
     of .50 BMG caliber sniper rifles as destructive devices (as 
     those terms are defined in section 921 of title 18, United 
     States Code, as amended by this section) under this section 
     and the amendments made by this section, including the use of 
     a notice and registration process similar to that used when 
     the USAS-12, Striker 12, and Streetsweeper shotguns were 
     reclassified as destructive devices and registered between 
     1994 and 2001 (ATF Ruling 94-1 (ATF Q.B. 1994-1, 22); ATF 
     Ruling 94-2 (ATF Q.B. 1994-1, 24); and ATF Ruling 2001-1 (66 
     Fed. Reg. 9748)). The Attorney General shall ensure that 
     under the regulations issued under this subsection, the time 
     period for the registration of any previously unregistered 
     .50 BMG caliber sniper rifle shall end not later than 7 years 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 583. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. FOREIGN CONVICTIONS OF DANGEROUS CRIMES.

       (a) Courts.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `any court' includes any Federal, State, or 
     foreign court.''.
       (b) Exclusion of Certain Felonies.--Section 921(a)(20) of 
     title 18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``any Federal or State 
     offenses'' and inserting ``any Federal, State, or foreign 
     offenses'';
       (2) in subparagraph (B), by striking ``any State offense 
     classified by the laws of the State'' and inserting ``any 
     State or foreign offense classified by the laws of that 
     jurisdiction''; and
       (3) in the matter following subparagraph (B), in the first 
     sentence, by inserting before the period the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
       (c) Domestic Violence Crimes.--Section 921(a)(33) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (B)''; and
       (2) in subparagraph (B)(ii), by striking ``if the 
     conviction has'' and inserting the following: ``if the 
     conviction--
       ``(I) occurred in a foreign jurisdiction and the convicted 
     person establishes that the foreign conviction resulted from 
     a denial of fundamental fairness that would violate due 
     process if committed in the United States or from conduct 
     that would be legal if committed in the United States; or
       ``(II) has''.
       (d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, 
     United States Code, is amended--
       (1) by striking ``an offense under State law'' and 
     inserting ``an offense under State or foreign law''; and
       (2) by inserting before the semicolon the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
                                 ______
                                 
  SA 584. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR 
                   THE ARMED FORCES.

       (a) In General.--Section 1259 of title 28, United States 
     Code, is amended--
       (1) in paragraph (3), by inserting ``or denied'' after 
     ``granted''; and
       (2) in paragraph (4), by inserting ``or denied'' after 
     ``granted''.
       (b) Technical and Conforming Amendment.--Section 867a(a) of 
     title 10, United States Code, is amended by striking ``The 
     Supreme Court may not review by a writ of certiorari under 
     this section any action of the Court of Appeals for the Armed 
     Forces in refusing to grant a petition for review.''.
                                 ______
                                 
  SA 585. Mr. KYL proposed an amendment to the bill S. 160, to provide 
the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.

       (a) In General.--Upon the issuance of a proclamation by the 
     President under section 6 and except as provided in 
     subsection (b), the territory ceded to Congress by the State 
     of Maryland to serve as the District constituting the 
     permanent seat of the Government of the United States is 
     ceded and relinquished to the State of Maryland.
       (b) Continuation of Federal Control Over National Capital 
     Service Area.--Notwithstanding subsection (a), Congress shall 
     continue to exercise exclusive legislative authority and 
     control over the District of Columbia, which shall consist of 
     the National Capital Service Area described in section 3.

     SEC. 2. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF 
                   COLUMBIA.

       (a) Continuation of Suits.--No writ, action, indictment, 
     cause, or proceeding pending in any court of the District of 
     Columbia on the effective date of this Act shall abate as a 
     result of the enactment of this Act, but shall be transferred 
     and shall proceed within such appropriate court of the State 
     of Maryland as established under the laws or constitution of 
     the State of Maryland.
       (b) Appeals.--An order or decision of any court of the 
     District of Columbia for which no appeal has been filed as of 
     the effective date of this Act shall be considered an order 
     or decision of a court of the State of Maryland for purposes 
     of appeal from and appellate review of such order or decision 
     in an appropriate court of the State of Maryland.

     SEC. 3. NATIONAL CAPITAL SERVICE AREA.

       (a) Description.--The National Capital Service Area 
     referred to in section 1(b) is comprised of the principal 
     Federal monuments, the White House, the Capitol Building, the 
     United States Supreme Court Building, and the Federal 
     executive, legislative, and judicial office buildings located 
     adjacent to the Mall and the Capitol Building (but shall not 
     include the District Building), and is more particularly 
     described as the territory located within the following 
     boundaries:
       Beginning at the point on the present Virginia-District of 
     Columbia boundary due west of the northernmost point of 
     Theodore Roosevelt Island and running due east of the eastern 
     shore of the Potomac River;
       thence generally south along the shore at the mean high 
     water mark to the northwest corner of the Kennedy Center;
       thence east along the north side of the Kennedy Center to a 
     point where it reaches the E Street Expressway;
       thence east on the expressway to E Street Northwest and 
     thence east on E Street Northwest to Nineteenth Street 
     Northwest;
       thence north on Nineteenth Street Northwest to F Street 
     Northwest;
       thence east on F Street Northwest to Eighteenth Street 
     Northwest;
       thence south on Eighteenth Street Northwest to Constitution 
     Avenue Northwest;

[[Page S2495]]

       thence east on Constitution Avenue to Seventeenth Street 
     Northwest;
       thence north on Seventeenth Street Northwest to H Street 
     Northwest;
       thence east on H Street Northwest to Madison Place 
     Northwest;
       thence south on Madison Place Northwest to Pennsylvania 
     Avenue Northwest;
       thence east on Pennsylvania Avenue Northwest to Fifteenth 
     Street Northwest;
       thence south on Fifteenth Street Northwest to Pennsylvania 
     Avenue Northwest;
       thence southeast on Pennsylvania Avenue Northwest to Tenth 
     Street Northwest;
       thence north on Tenth Street Northwest to E Street 
     Northwest;
       thence east on E Street Northwest to Ninth Street 
     Northwest;
       thence south on Ninth Street Northwest to Pennsylvania 
     Avenue Northwest;
       thence southeast on Pennsylvania Avenue Northwest to John 
     Marshall Place Northwest;
       thence north on John Marshall Place Northwest to C Street 
     Northwest;
       thence east on C Street Northwest to Third Street 
     Northwest;
       thence north on Third Street Northwest to D Street 
     Northwest;
       thence east on D Street Northwest to Second Street 
     Northwest;
       thence south on Second Street Northwest to the intersection 
     of Constitution Avenue Northwest and Louisiana Avenue 
     Northwest;
       thence northeast on Louisiana Avenue Northwest to North 
     Capitol Street;
       thence north on North Capitol Street to Massachusetts 
     Avenue Northwest;
       thence southeast on Massachusetts Avenue Northwest so as to 
     encompass Union Square;
       thence following Union Square to F Street Northeast;
       thence east on F Street Northeast to Second Street 
     Northeast;
       thence south on Second Street Northeast to D Street 
     Northeast;
       thence west on D Street Northeast to First Street 
     Northeast;
       thence south on First Street Northeast to C Street 
     Northeast;
       thence east on C Street Northeast to Third Street 
     Northeast;
       thence south on Third Street Northeast to Maryland Avenue 
     Northeast;
       thence south and west on Maryland Avenue Northeast to 
     Constitution Avenue Northeast;
       thence west on Constitution Avenue Northeast to First 
     Street Northeast;
       thence south on First Street Northeast to Maryland Avenue 
     Northeast;
       thence generally north and east on Maryland Avenue to 
     Second Street Northeast;
       thence south on Second Street Northeast to East Capitol 
     Street;
       thence east on East Capitol Street to Third Street 
     Northeast;
       thence south on Third Street Northeast to Independence 
     Avenue Southeast;
       thence west on Independence Avenue Southeast to Second 
     Street Southeast;
       thence south on Second Street Southeast to C Street 
     Southeast;
       thence west on C Street Southeast to New Jersey Avenue 
     Southeast;
       thence south on New Jersey Avenue Southeast to D Street 
     Southeast;
       thence west on D Street Southeast to Washington Avenue 
     Southwest;
       thence north and west on Washington Avenue Southwest to the 
     intersection of Independence Avenue Southwest and Second 
     Street Southwest;
       thence south on Second Street Southwest to Virginia Avenue 
     Southwest;
       thence generally west on Virginia Avenue to Third Street 
     Southwest;
       thence north on Third Street Southwest to C Street 
     Southwest;
       thence west on C Street Southwest to Sixth Street 
     Southwest;
       thence south on Sixth Street Southwest to E Street 
     Southwest;
       thence west on E Street Southwest to Seventh Street 
     Southwest;
       thence north on Seventh Street Southwest to Maryland Avenue 
     Southwest;
       thence west on Maryland Avenue Southwest to Ninth Street 
     Southwest;
       thence north on Ninth Street Southwest to Independence 
     Avenue Southwest;
       thence west on Independence Avenue Southwest to Twelfth 
     Street Southwest;
       thence south on Twelfth Street Southwest to D Street 
     Southwest;
       thence west on D Street Southwest to Fourteenth Street 
     Southwest;
       thence south on Fourteenth Street Southwest to the middle 
     of the Washington Channel;
       thence generally south and east along the midchannel of the 
     Washington Channel to a point due west of the northern 
     boundary line of Fort Lesley McNair;
       thence due east to the side of the Washington Channel;
       thence following generally south and east along the side of 
     the Washington Channel at the mean high water mark, to the 
     point of confluence with the Anacostia River, and along the 
     northern shore at the mean high water mark to the 
     northernmost point of the Eleventh Street Bridge;
       thence generally south and west along such shore at the 
     mean high water mark to the point of confluence of the 
     Anacostia and Potomac Rivers;
       thence generally south and east along the northern side of 
     the Eleventh Street Bridge to the eastern shore of the 
     Anacostia River;
       thence generally south along the eastern shore at the mean 
     high water mark of the Potomac River to the point where it 
     meets the present southeastern boundary line of the District 
     of Columbia;
       thence south and west along such southeastern boundary line 
     to the point where it meets the present Virginia-District of 
     Columbia boundary;
       thence generally north and west up the Potomac River along 
     the Virginia-District of Columbia boundary to the point of 
     beginning.
       (b) Streets and Sidewalks.--The National Capital Service 
     Area shall include any street (and sidewalk thereof) that 
     bounds such Area.
       (c) Affronting or Abutting Federal Real Property.--
       (1) In general.--The National Capital Service Area shall 
     include any Federal real property affronting or abutting such 
     Area as of the effective date of this Act.
       (2) Property included.--For purposes of paragraph (1), 
     Federal real property affronting or abutting the National 
     Capital Service Area shall--
       (A) include the Department of Housing and Urban Development 
     Building, the Department of Energy Building, Fort Lesley 
     McNair, the Washington Navy Yard, the Anacostia Naval Annex, 
     the United States Naval Station, Bolling Air Force Base, and 
     the Naval Research Laboratory; and
       (B) not include any portion of Rock Creek Park, any portion 
     of Anacostia Park east of the northern side of the Eleventh 
     Street Bridge, or any territory not located in the District 
     of Columbia on the day before the date of the enactment of 
     this Act.

     SEC. 4. TRANSITION PROVISIONS RELATING TO HOUSE OF 
                   REPRESENTATIVES.

       (a) Temporary Increase in Apportionment.--
       (1) In general.--Until the taking effect of the first 
     reapportionment occurring after the effective date of this 
     Act--
       (A) the individual serving as the Delegate to the House of 
     Representatives from the District of Columbia shall serve as 
     a member of the House of Representatives from the State of 
     Maryland;
       (B) the State of Maryland shall be entitled to 1 additional 
     Representative until the taking effect of such 
     reapportionment; and
       (C) such Representative shall be in addition to the 
     membership of the House of Representatives as now prescribed 
     by law.
       (2) Increase not counted against total number of members.--
     The temporary increase in the membership of the House of 
     Representatives provided under paragraph (1) shall not 
     operate to either increase or decrease the permanent 
     membership of the House of Representatives as prescribed in 
     the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor 
     shall such temporary increase affect the basis of 
     reapportionment established by the Act of November 15, 1941 
     (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each 
     Congress thereafter.
       (b) Repeal of Laws Providing for Delegate From the District 
     of Columbia.--Sections 202 and 204 of the District of 
     Columbia Delegate Act (Public Law 91-405; sections 1-401 and 
     1-402, D.C. Official Code) are repealed, and the provisions 
     of law amended or repealed by such sections are restored or 
     revived as if such sections had not been enacted.

     SEC. 5. EFFECT ON OTHER LAWS.

       No law or regulation which is in force on the effective 
     date of this Act shall be deemed amended or repealed by this 
     Act except to the extent specifically provided in this Act, 
     or to the extent that such law or regulation is inconsistent 
     with this Act.

     SEC. 6. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY 
                   MARYLAND.

       Not later than 30 days after the State of Maryland enacts 
     legislation accepting the retrocession described in section 
     1(a), the President shall issue a proclamation announcing 
     such acceptance and declaring that the territory ceded to 
     Congress by the State of Maryland to serve as the District 
     constituting the permanent seat of the Government of the 
     United States has been ceded back to the State of Maryland.

     SEC. 7. EFFECTIVE DATE.

       The provisions of this Act and the amendments made by this 
     Act shall take effect on the date the President issues a 
     proclamation under section 6 or the date of the ratification 
     of an amendment to the Constitution of the United States 
     repealing the twenty-third article of amendment to the 
     Constitution, whichever comes later.
                                 ______
                                 
  SA 586. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. BAN ON FIREARM FOR PERSON CONVICTED OF A MISDEMEANOR 
                   SEX OFFENSE AGAINST A MINOR.

       (a) Disposition of Firearm.--Section 922(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:

[[Page S2496]]

       ``(10) has been convicted in any court of a misdemeanor sex 
     offense against a minor.''.
       (b) Possession of Firearm.--Section 922(g) of title 18, 
     United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor sex 
     offense against a minor,''.
       (c) Misdemeanor Sex Offense Against a Minor Defined.--
     Section 921(a) of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(36) The term `misdemeanor sex offense against a minor' 
     means a sex offense against a minor punishable by 
     imprisonment for not more than 1 year.
       ``(37) The term `sex offense' means a criminal offense that 
     has, as an element, a sexual act or sexual contact with 
     another, or an attempt or conspiracy to commit such an 
     offense.
       ``(38) The term `minor' means an individual who has not 
     attained 18 years of age.''.
                                 ______
                                 
  SA 587. Mr. ENSIGN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 160, to provide 
the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. __. REAUTHORIZATION OF THE DC SCHOOL CHOICE INCENTIVE 
                   ACT OF 2003.

       (a) Reauthorization.--Section 313 of the DC School Choice 
     Incentive Act of 2003 (title III of division C of Public Law 
     108-199, 118 Stat. 134) is amended by striking ``fiscal year 
     2004 and such sums as may be necessary for each of the 4 
     succeeding fiscal years'' and inserting ``fiscal year 2010''.
       (b) Severability.--Notwithstanding section 7, if any 
     provision of this Act (other than this section), any 
     amendment made by this Act (other than by this section), or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this section, 
     the amendment made by this section, and the application of 
     such to any person or circumstance shall not be affected 
     thereby.
                                 ______
                                 
  SA 588. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       On page 28, after line 18, add the following:

                         TITLE __--PUERTO RICO

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Puerto Rico Democracy Act 
     of 2009''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Puerto 
     Rico State Elections Commission.
       (2) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.

     SEC. 203. PLEBISCITE.

       (a) In General.--During the 111th Congress, but not later 
     than December 31, 2010, the Commission shall conduct a 
     plebiscite in the Commonwealth, the ballot of which shall 
     provide for voters to choose only 1 of the following options:
       (1) ``The Commonwealth of Puerto Rico should continue to 
     have its present status and relationship with the United 
     States. If you agree, mark here____.''.
       (2) ``The Commonwealth of Puerto Rico should seek 
     independence from the United States. If you agree, mark here 
     ______.''.
       (3) ``The Commonwealth of Puerto Rico should seek 
     nationhood in free association with the United States. If you 
     agree, mark here _________.''
       (4) ``The Commonwealth of Puerto Rico should seek admission 
     as a State of the United States. If you agree, mark here 
     _________.''
       (b) Rules and Regulations.--The Commission shall issue any 
     rules and regulations necessary to conduct the plebiscite 
     under subsection (a).
       (c) Certification of Results.--The Commission shall certify 
     the results of the plebiscite conducted under subsection (a) 
     to the President and each member of Congress.
       (d) Federal Court Jurisdiction.--The Federal courts of the 
     United States shall have jurisdiction over any legal claim or 
     controversy arising from the implementation of this title.

     SEC. 204. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION 
                   PROCESS.

       (a) Availability of Amounts Derived From Tax on Foreign 
     Rum.--During the period beginning on October 1, 2008, and 
     ending on the date on which the results of the plebiscite 
     have been certified under section 203(c), the Secretary of 
     the Treasury shall allocate to the Commission, from amounts 
     that would otherwise be covered into the treasury of the 
     Commonwealth under section 7652(e)(1) of the Internal Revenue 
     Code of 1986, not more than $5,000,000 to pay the costs 
     incurred by the Commission in conducting the plebiscite, as 
     determined by the President, in consultation with the 
     Commission.
       (b) Use of Funds for Educational and Other Materials.--In 
     allocating amounts to the Commission under subsection (a), 
     the Secretary shall ensure that the content of any Commission 
     voter education materials to be prepared by the Commission 
     using those amounts are not incompatible with the 
     Constitution and the laws and policies of the United States.
                                 ______
                                 
  SA 589. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 160, to provide the District of Columbia a voting 
seat and the State of Utah an additional seat in the House of 
Representatives; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY 
                   THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR 
                   THE ISSUANCE OF A FIREARMS OR EXPLOSIVES 
                   LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

       (a) Standard for Exercising Attorney General Discretion 
     Regarding Transferring Firearms or Issuing Firearms Permits 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) by inserting after section 922 the following:

     ``Sec. 922A. Attorney General's discretion to deny transfer 
       of a firearm

       ``The Attorney General may deny the transfer of a firearm 
     under section 922(t)(1)(B)(ii) of this title if the Attorney 
     General--
       ``(1) determines that the transferee is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) has a reasonable belief that the prospective 
     transferee may use a firearm in connection with terrorism.

     ``Sec. 922B. Attorney General's discretion regarding 
       applicants for firearm permits which would qualify for the 
       exemption provided under section 922(t)(3)

       ``The Attorney General may determine that--
       ``(1) an applicant for a firearm permit which would qualify 
     for an exemption under section 922(t) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.'';
       (2) in section 921(a), by adding at the end the following:
       ``(36) The term `terrorism' includes international 
     terrorism and domestic terrorism, as those terms are defined 
     in section 2331 of this title.
       ``(37) The term `material support or resources' has the 
     same meaning as in section 2339A of this title.
       ``(38) The term `responsible person' means an individual 
     who has the power, directly or indirectly, to direct or cause 
     the direction of the management and policies of the applicant 
     or licensee pertaining to firearms.''; and
       (3) in the table of sections, by inserting after the item 
     relating to section 922 the following:

``922A. Attorney General's discretion to deny transfer of a firearm.
``922B. Attorney General's discretion regarding applicants for firearm 
              permits which would qualify for the exemption provided 
              under section 922(t)(3).''.

       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(t) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
     or that the Attorney General has determined to deny the 
     transfer of a firearm pursuant to section 922A of this 
     title'' before the semicolon;
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A of this title'' after ``or State law'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end; and
       (II) by adding at the end the following:

       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);'';
       (ii) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(iii) the State issuing the permit agrees to deny the 
     permit application if such other person is the subject of a 
     determination by the Attorney General pursuant to section 
     922B of this title;'';
       (4) in paragraph (4), by inserting ``, or if the Attorney 
     General has not determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''; and

[[Page S2497]]

       (5) in paragraph (5), by inserting ``, or if the Attorney 
     General has determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''.
       (c) Unlawful Sale or Disposition of Firearm Based Upon 
     Attorney General Discretionary Denial.--Section 922(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(10) has been the subject of a determination by the 
     Attorney General under section 922A, 922B, 923(d)(3), or 
     923(e) of this title.''.
       (d) Attorney General Discretionary Denial as Prohibitor.--
     Section 922(g) of title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of the Attorney 
     General's determination made under section 922A, 922B, 
     923(d)(3), or 923(e) of this title,''.
       (e) Attorney General Discretionary Denial of Federal 
     Firearms Licenses.--Section 923(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Any'' and inserting ``Except as provided 
     in paragraph (3), any''; and
       (2) by adding at the end the following:
       ``(3) The Attorney General may deny a license application 
     under paragraph (1) if the Attorney General determines that 
     the applicant (including any responsible person) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism, and the Attorney General has a 
     reasonable belief that the applicant may use a firearm in 
     connection with terrorism.''.
       (f) Discretionary Revocation of Federal Firearms 
     Licenses.--Section 923(e) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(e)'';
       (2) by striking ``revoke any license'' and inserting the 
     following: ``revoke--
       ``(A) any license'';
       (3) by striking ``. The Attorney General may, after notice 
     and opportunity for hearing, revoke the license'' and 
     inserting the following: ``;
       ``(B) the license''; and
       (4) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(C) any license issued under this section if the Attorney 
     General determines that the holder of such license (including 
     any responsible person) is known (or appropriately suspected) 
     to be or have been engaged in conduct constituting, in 
     preparation for, in aid of, or related to terrorism or 
     providing material support or resources for terrorism, and 
     the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.
       ``(2) The Attorney General's action''.
       (g) Attorney General's Ability to Withhold Information in 
     Firearms License Denial and Revocation Suit.--
       (1) In general.--Section 923(f)(1) of title 18, United 
     States Code, is amended by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     pursuant to subsection (d)(3) or (e)(3), any information upon 
     which the Attorney General relied for this determination may 
     be withheld from the petitioner, if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security.''.
       (2) Summaries.--Section 923(f)(3) of title 18, United 
     States Code, is amended by inserting after the third sentence 
     the following: ``With respect to any information withheld 
     from the aggrieved party under paragraph (1), the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security.''.
       (h) Attorney General's Ability to Withhold Information in 
     Relief From Disabilities Lawsuits.--Section 925(c) of title 
     18, United States Code, is amended by inserting after the 
     third sentence the following: ``If the person is subject to a 
     disability under section 922(g)(10) of this title, any 
     information which the Attorney General relied on for this 
     determination may be withheld from the applicant if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security. In 
     responding to the petition, the United States may submit, and 
     the court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (i) Penalties.--Section 924(k) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) constitutes an act of terrorism, or providing 
     material support or resources for terrorism,''.
       (j) Remedy for Erroneous Denial of Firearm or Firearm 
     Permit Exemption.--
       (1) In general.--Section 925A of title 18, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Remedy for 
     erroneous denial of firearm'' and inserting ``Remedies'';
       (B) by striking ``Any person denied a firearm pursuant to 
     subsection (s) or (t) of section 922'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), any person 
     denied a firearm pursuant to subsection (t) of section 922 or 
     a firearm permit pursuant to a determination made under 
     section 922B''; and
       (C) by adding at the end the following:
       ``(b) In any case in which the Attorney General has denied 
     the transfer of a firearm to a prospective transferee 
     pursuant to section 922A of this title or has made a 
     determination regarding a firearm permit applicant pursuant 
     to section 922B of this title, an action challenging the 
     determination may be brought against the United States. The 
     petition shall be filed not later than 60 days after the 
     petitioner has received actual notice of the Attorney 
     General's determination under section 922A or 922B of this 
     title. The court shall sustain the Attorney General's 
     determination upon a showing by the United States by a 
     preponderance of evidence that the Attorney General's 
     determination satisfied the requirements of section 922A or 
     922B, as the case may be. To make this showing, the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security. Upon request of the 
     petitioner or the court's own motion, the court may review 
     the full, undisclosed documents ex parte and in camera. The 
     court shall determine whether the summaries or redacted 
     versions, as the case may be, are fair and accurate 
     representations of the underlying documents. The court shall 
     not consider the full, undisclosed documents in deciding 
     whether the Attorney General's determination satisfies the 
     requirements of section 922A or 922B.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 925A and 
     inserting the following:

``925A. Remedies.''.

       (k) Provision of Grounds Underlying Ineligibility 
     Determination by the National Instant Criminal Background 
     Check System.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (1) in subsection (f)--
       (A) by inserting ``or the Attorney General has made a 
     determination regarding an applicant for a firearm permit 
     pursuant to section 922B of title 18, United States Code,'' 
     after ``is ineligible to receive a firearm''; and
       (B) by inserting ``except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security,'' after ``reasons to the 
     individual,''; and
       (2) in subsection (g)--
       (A) the first sentence--
       (i) by inserting ``or if the Attorney General has made a 
     determination pursuant to section 922A or 922B of title 18, 
     United States Code,'' after ``or State law,''; and
       (ii) by inserting ``, except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security'' before the period at the end ; 
     and
       (B) by adding at the end the following: ``Any petition for 
     review of information withheld by the Attorney General under 
     this subsection shall be made in accordance with section 925A 
     of title 18, United States Code.''.
       (l) Unlawful Distribution of Explosives Based Upon Attorney 
     General Discretionary Denial.--Section 842(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (2) by adding at the end the following:
       ``(10) has received actual notice of the Attorney General's 
     determination made pursuant to subsection (d) or (j) of 
     section 843 of this title.''.
       (m) Attorney General Discretionary Denial as Prohibitor.--
     Section 842(i) of title 18, United States Code, is amended--
       (1) in paragraph (7), by adding ``; or'' at the end; and
       (2) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of the Attorney 
     General's determination made pursuant to subsection (d) or 
     (j) of section 843 of this title,''.
       (n) Attorney General Discretionary Denial of Federal 
     Explosives Licenses and Permits.--Section 843 of title 18, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``Upon'' and inserting 
     ``Except as provided in subsection (j), upon''; and
       (2) by adding at the end the following:
       ``(j) The Attorney General may deny the issuance of a 
     permit or license to an applicant under subsection (b) if the 
     Attorney General determines that the applicant or a 
     responsible person or employee possessor thereof is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation of, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism, and the Attorney General has a 
     reasonable belief

[[Page S2498]]

     that the person may use explosives in connection with 
     terrorism.''.
       (o) Attorney General Discretionary Revocation of Federal 
     Explosives Licenses and Permits.--Section 843(d) of title 18, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking ``if in the opinion'' and inserting the 
     following: ``if--
       ``(A) in the opinion''; and
       (3) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(B) the Attorney General determines that the licensee or 
     holder (or any responsible person or employee possessor 
     thereof) is known (or appropriately suspected) to be or have 
     been engaged in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources for terrorism, and that the Attorney 
     General has a reasonable belief that the person may use 
     explosives in connection with terrorism.
       ``(2) The Attorney General's action''.
       (p) Attorney General's Ability to Withhold Information in 
     Explosives License and Permit Denial and Revocation Suits.--
     Section 843(e) of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     based upon an Attorney General determination under subsection 
     (d) or (j), any information which the Attorney General relied 
     on for this determination may be withheld from the petitioner 
     if the Attorney General determines that disclosure of the 
     information would likely compromise national security.''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``In responding to any petition for review of a denial or 
     revocation based upon an Attorney General determination under 
     subsection (d) or (j), the United States may submit, and the 
     court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (q) Ability to Withhold Information in Communications to 
     Employers.--Section 843(h)(2) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``or in subsection 
     (b)(1) of this section (on grounds of terrorism)'' after 
     ``section 842(i)''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by inserting ``or 
     in subsection (j) of this section,'' after ``section 
     842(i),''; and
       (B) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for a 
     determination pursuant to subsection (j) may be withheld if 
     the Attorney General concludes that disclosure of the 
     information would likely compromise national security'' after 
     ``determination''.
       (r) Conforming Amendment to Immigration and Nationality 
     Act.--Section 101(a)(43)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by 
     striking ``or (5)'' and inserting ``(5), or (10)''.
                                 ______
                                 
  SA 590. Mr. LAUTENBERG (for himself and Mr. Reed) submitted an 
amendment intended to be proposed by him to the bill S. 160, to provide 
the District of Columbia a voting seat and the State of Utah an 
additional seat in the House of Representatives; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

            TITLE II--GUN SHOW LOOPHOLE CLOSING ACT OF 2009

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Gun Show Loophole Closing 
     Act of 2009''.

     SEC. 202. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(36) The term `special firearms event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce;
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923 or 932; and
       ``(C) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer at events conducted and attended 
     by permanent or annual dues paying members, and their 
     immediate family, of private, not-for-profit organizations 
     whose primary purpose is owning and maintaining real property 
     for the purpose of hunting activities.
       ``(37) The term `special firearms event licensee' means any 
     person who has obtained and holds a valid license in 
     compliance with section 932(d) and who is authorized to 
     contact the national instant criminal background check system 
     on behalf of another individual, who is not licensed under 
     this chapter, for the purpose of conducting a background 
     check for a potential firearms transfer at a special firearms 
     event in accordance with section 932(c).
       ``(38) The term `special firearms event vendor' means any 
     person who is not required to be licensed under section 923 
     and who exhibits, sells, offers for sale, transfers, or 
     exchanges 1 or more firearms at a special firearms event, 
     regardless of whether or not the person arranges with the 
     special firearms event promoter for a fixed location from 
     which to exhibit, sell, offer for sale, transfer, or exchange 
     1 or more firearms.''.

     SEC. 203. REGULATION OF FIREARMS TRANSFERS AT SPECIAL 
                   FIREARMS EVENTS.

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

     ``Sec. 932. Regulation of firearms transfers at special 
       firearms events

       ``(a) Special Firearms Events Operators.--It shall be 
     unlawful for a special firearms events operator to organize, 
     plan, promote, or operate a special firearms event unless 
     that operator--
       ``(1) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     verifies the identity of each special firearms event vendor 
     participating in the special firearms event by examining a 
     valid identification document (as defined in section 
     1028(d)(2)) of the vendor containing a photograph of the 
     vendor;
       ``(2) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     requires each special firearms event vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter;
       ``(3) notifies each person who attends the special firearms 
     event of the requirements of this chapter; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the operator.
       ``(b) Fees.--The Attorney General shall not impose or 
     collect any fee from special firearms event operators in 
     connection with the requirements under this section.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a special firearms event, or on the curtilage 
     of the event, it shall be unlawful for any person who is not 
     licensed under this chapter to transfer a firearm to another 
     person who is not licensed under this chapter, unless the 
     firearm is transferred through a licensed importer, licensed 
     manufacturer, licensed dealer, or a special firearms event 
     licensee in accordance with subsection (d).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement under paragraph (1) shall not--
       ``(A) transfer the firearm to the transferee until the 
     licensed importer, licensed manufacturer, licensed dealer, or 
     a special firearms event licensee through which the transfer 
     is made makes the notification described in subsection 
     (d)(2)(A); or
       ``(B) transfer the firearm to the transferee if the person 
     has been notified under subsection (d)(2)(B) that the 
     transfer would violate section 922 or State law.
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Attorney General 
     to impose recordkeeping requirements on any nonlicensed 
     special firearms event vendor.
       ``(d) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, licensed dealer, or special firearms 
     event licensee who agrees to assist a person who is not 
     licensed under this chapter in carrying out the 
     responsibilities of that person under subsection (c) with 
     respect to the transfer of a firearm shall--
       ``(1) except as provided in paragraph (2), comply with 
     section 922(t) as if transferring the firearm from the 
     inventory of the licensed importer, licensed manufacturer, or 
     licensed dealer to the designated transferee (although a 
     licensed importer, licensed manufacturer, or licensed dealer 
     complying with this subsection shall not be required to 
     comply again with the requirements of section 922(t) in 
     delivering the firearm to the nonlicensed transferor);
       ``(2) not later than 3 business days (meaning days on which 
     State offices are open) after the date of the agreement to 
     purchase, or if the event is held in a State that has been 
     certified by the Attorney General under section 204 of the 
     Gun Show Loophole Closing Act of 2009, not later than 24 
     hours after such date (or 3 business days after such date if 
     additional information is required in order to verify 
     disqualifying information from a State that has not been 
     certified by the Attorney General), notify the nonlicensed 
     transferor and the nonlicensed transferee--
       ``(A) of any response from the national criminal background 
     check system, or if the licensee has had no response from the 
     national criminal background check system within the 
     applicable time period under this paragraph, notify the 
     nonlicensed transferor that no response has been received and 
     that the transfer may proceed; and
       ``(B) of any receipt by the licensed importer, licensed 
     manufacturer, or licensed dealer of a notification from the 
     national instant criminal background check system that the 
     transfer would violate section 922 or State law;
       ``(3) in the case of a transfer at 1 time or during any 5 
     consecutive business days, of 2 or more pistols or revolvers, 
     or any combination of pistols and revolvers totaling 2 or

[[Page S2499]]

     more, to the same nonlicensed person, in addition to the 
     recordkeeping requirements described in paragraph (4), 
     prepare a report of the multiple transfers, which report 
     shall be--
       ``(A) on a form specified by the Attorney General; and
       ``(B) not later than the close of business on the date on 
     which the multiple transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(4) comply with all recordkeeping requirements under this 
     chapter.
       ``(e) Special Firearms Event License.--
       ``(1) In general.--The Attorney General shall issue a 
     special firearms event license to a person who submits an 
     application for a special firearms event license in 
     accordance with this subsection.
       ``(2) Application.--The application required by paragraph 
     (1) shall be approved if--
       ``(A) the applicant is 21 years of age or older;
       ``(B) the application includes a photograph and the 
     fingerprints of the applicant;
       ``(C) the applicant (including, in the case of a 
     corporation, partnership, or association, any individual 
     possessing, directly or indirectly, the power to direct or 
     cause the direction of the management and policies of the 
     corporation, partnership, or association) is not prohibited 
     from transporting, shipping, or receiving firearms or 
     ammunition in interstate or foreign commerce under subsection 
     (g) or (n) of section 922;
       ``(D) the applicant has not willfully violated any of the 
     provisions of this chapter or regulations issued thereunder;
       ``(E) the applicant has not willfully failed to disclose 
     any material information required, or has not made any false 
     statement as to any material fact, in connection with the 
     application; and
       ``(F) the applicant certifies that--
       ``(i) the applicant meets the requirements of subparagraphs 
     (A) through (D) of section 923(d)(1);
       ``(ii) the business to be conducted under the license is 
     not prohibited by State or local law in the place where the 
     licensed premises is located; and
       ``(iii) the business will not be conducted under the 
     license until the requirements of State and local law 
     applicable to the business have been met.
       ``(3) Application and approval.--
       ``(A) In general.--Upon the approval of an application 
     under this subsection and payment by the applicant of a fee 
     of $200 for 3 years, and upon renewal of a valid registration 
     and payment of a fee of $90 for 3 years, the Attorney General 
     shall issue to the applicant an instant check registration, 
     and advise the Attorney General of that registration.
       ``(B) Nics.--A special firearms event licensee may contact 
     the national instant criminal background check system 
     established under section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) for information about any 
     individual desiring to obtain a firearm at a special firearms 
     event from any special firearms event vendor who has 
     requested the assistance of the registrant in complying with 
     subsection (c) with respect to the transfer of the firearm, 
     during the 3-year period that begins on the date on which the 
     registration is issued.
       ``(4) Requirements.--The requirements for a special 
     firearms event licensee shall not exceed the requirements for 
     a licensed dealer and the recordkeeping requirements shall be 
     the same.
       ``(5) Restrictions.--
       ``(A) Background checks.--A special firearms event licensee 
     may have access to the national instant criminal background 
     check system to conduct a background check only at a special 
     firearms event and only on behalf of another person.
       ``(B) Transfer of firearms.--A special firearms event 
     licensee shall not transfer a firearm at a special firearms 
     event.
       ``(f) Defined Term.--In this section, the term `firearm 
     transaction'--
       ``(1) includes the sale, offer for sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include--
       ``(A) the mere exhibition of a firearm; or
       ``(B) the sale, transfer, or exchange of firearms between 
     immediate family members, including parents, children, 
     siblings, grandparents, and grandchildren.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(1) have not been met--
       ``(i) shall be fined under this title, imprisoned not more 
     than 2 years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(B) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     subsection (a)(2) or (c) of section 932 have not been met, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(C) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(3) have not been met, shall be fined under 
     this title, imprisoned not more than 2 years, or both.
       ``(D) In addition to any other penalties imposed under this 
     paragraph, the Attorney General may, with respect to any 
     person who violates any provision of section 932--
       ``(i) if the person is registered pursuant to section 
     932(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 932(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (c) Unlawful Acts.--Section 922(b) of title 18, United 
     States Code, is amended in the matter preceding paragraph 
     (1), by striking ``or licensed collector'' and inserting 
     ``licensed collector, or special firearms event licensee''.
       (d) Technical and Conforming Amendment.--Chapter 44 of 
     title 18, United States Code, is amended in the chapter 
     analysis, by adding at the end the following:

``932. Regulation of firearms transfers at special firearms events.''.

     SEC. 204. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT 
                   SPECIAL FIREARMS EVENTS FOR STATES WITH 
                   COMPUTERIZED DISQUALIFYING RECORDS.

       (a) In General.--Effective 3 years after the date of 
     enactment of this Act, a State may apply to the Attorney 
     General for certification of the 24-hour verification 
     authority of that State.
       (b) Certification.--The Attorney General shall certify a 
     State for 24-hour verification authority only upon a clear 
     showing by the State, and certification by the Bureau of 
     Justice Statistics, that--
       (1) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     subsections (g) and (n) of section 922 of title 18, United 
     States Code, or under State law, is available on computer 
     records in the State, and is searchable under the national 
     instant criminal background check system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note);
       (2) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     paragraphs (8) and (9) of subsection 922(g) of title 18, 
     United States Code, or under State law, is available on 
     computer records in the State, and is searchable under the 
     national instant criminal background check system established 
     under section 103 of the Brady Handgun Violence Protection 
     Act (18 U.S.C. 922 note); and
       (3) the chief judicial officer of the State requires the 
     courts of the State to use the toll-free telephone number 
     described in subsection (d)(1) to immediately notify the 
     National Instant Criminal Background Check System each time a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) is issued, lifted, or otherwise 
     removed by order of the court.
       (c) Clarifications.--
       (1) Disqualifying information.--Disqualifying information 
     for each State under subsection (b) shall include the 
     disqualifying records for that State generated during the 30 
     years preceding the date of application to the Attorney 
     General for certification.
       (2) Toll-free telephone number.--Upon a showing by the 
     State that a court of the State has developed computer 
     systems which permit the court to immediately electronically 
     notify the National Instant Criminal Background Check System 
     with respect to the issuance or lifting of restraining 
     orders, the use of the toll-free telephone number described 
     in subsection (d)(1) shall no longer be required under 
     subsection (b)(3).
       (d) Notification Infrastructure.--Before certifying any 
     State under subsection (b), the Attorney General shall--
       (1) create a toll-free telephone number through which State 
     and local courts may immediately notify the National Instant 
     Background Check System whenever a restraining order (as 
     described in section 922(g)(8) of title 18, United States 
     Code) is issued, lifted, or otherwise removed by order of the 
     court; and
       (2) encourage States to develop computer systems that 
     permit courts to immediately electronically notify the 
     National Instant Criminal Background Check System whenever a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) has been issued, lifted, or otherwise 
     removed by order of the court.
       (e) 24-Hour Provision.--Upon certification by the Attorney 
     General, the 24-hour provision in section 932(c)(2) of title 
     18, United States Code, shall apply to the verification 
     process (for transfers between unlicensed persons) in that 
     State unless additional information is required in order to 
     verify disqualifying information from a State that has not 
     been certified by the Attorney General, in which case the 3 
     business day limit shall apply.
       (f) Annual Review.--The Director of the Bureau of Justice 
     Statistics shall annually review the certifications under 
     this section.
       (g) Revocation.--The Attorney General shall revoke the 
     certification required under this section for any State that 
     is not in compliance with subsection (b).

     SEC. 205. INSPECTION AUTHORITY.

       Section 923(g)(1)(B), of title 18, United States Code, is 
     amended by striking ``or licensed dealer'' and inserting 
     ``licensed dealer, or special firearms event operator''.

     SEC. 206. INCREASED PENALTIES FOR SERIOUS RECORDKEEPING 
                   VIOLATIONS BY LICENSEES.

       Section 924(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer,

[[Page S2500]]

     licensed manufacturer, licensed collector, or special 
     firearms event licensee who knowingly makes any false 
     statement or representation with respect to the information 
     required by this chapter to be kept in the records of a 
     person licensed under this chapter, or violates section 
     922(m) shall be fined under this title, imprisoned not more 
     than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.

     SEC. 207. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL 
                   BACKGROUND CHECK REQUIREMENTS.

       Section 924(a) of title 18, United States Code, as amended 
     by section 203(b), is further amended--
       (1) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (2) by adding at the end the following:
       ``(9) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.

     SEC. 208. RULE OF INTERPRETATION.

       A provision of State law is not inconsistent with this 
     title or an amendment made by this title if the provision 
     imposes a regulation or prohibition of greater scope or a 
     penalty of greater severity than any prohibition or penalty 
     imposed by this title or an amendment made by this title.

     SEC. 209. EFFECTIVE DATE.

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

                          ____________________