[Congressional Record (Bound Edition), Volume 145 (1999), Part 7]
[Senate]
[Pages 9305-9312]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

VIOLENT AND REPEAT JUVENILE OFFENDER ACCOUNTABILITY AND REHABILITATION 
                              ACT OF 1999

                                 ______
                                 

                BROWNBACK (AND OTHERS) AMENDMENT NO. 329

  Mr. BROWNBACK (for himself, Mr. Hatch, Mr. Lieberman, Mr. Abraham, 
Mr. McCain, Mr. Kohl, and Mr. DeWine) proposed an amendment to the bill 
(S. 254) to reduce violent juvenile crime, promote accountability by 
rehabilitation of juvenile criminals, punish and deter violent gang 
crime, and for other purposes; as follows:

       On page 151, between lines 13 and 14, insert the following:

     ``SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.

       ``(a) Requirement.--The National Institutes of Health shall 
     conduct a study of the effects of violent video games, and 
     music on child development and youth violence.
       ``(b) Elements.--The study under subsection (a) shall 
     address--
       ``(1) whether, and to what extent, violence in video games, 
     and music adversely affects the emotional and psychological 
     development of juveniles; and
       ``(2) whether violence in video games, and music 
     contributes to juvenile delinquency and youth violence.
       On page 176, beginning on line 8, strike ``this title,'' 
     and all that follows through line 11 and insert ``this 
     title--
       ``(A) of which $20,000,000 shall be for evaluation research 
     of primary, secondary, and tertiary juvenile delinquency 
     programs; and
       ``(B) $2,000,000 shall be for the study required by section 
     248;
     TITLE V--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Children's Protection Act 
     of 1999''.

      SEC. 502. FINDINGS.

       Congress makes the following findings:
       (1) Television is seen and heard in nearly every United 
     States home and is a uniquely pervasive presence in the daily 
     lives of Americans. The average American home has 2.5 
     televisions, and a television is turned on in the average 
     American home 7 hours every day.
       (2) Television plays a particularly significant role in the 
     lives of children. Figures provided by Nielsen Research show 
     that children between the ages of 2 years and 11 years spend 
     an average of 21 hours in front of a television each week.
       (3) Television has an enormous capability to influence 
     perceptions, especially those of children, of the values and 
     behaviors that are common and acceptable in society.
       (4) The influence of television is so great that its images 
     and messages often can be harmful to the development of 
     children. Social science research amply documents a strong 
     correlation between the exposure of children to televised 
     violence and a number of behavioral and psychological 
     problems.
       (5) Hundreds of studies have proven conclusively that 
     children who are consistently exposed to violence on 
     television have a higher tendency to exhibit violent and 
     aggressive behavior, both as children and later in life.
       (6) Such studies also show that repeated exposure to 
     violent programming causes children to become desensitized to 
     and more accepting of real-life violence and to grow more 
     fearful and less trusting of their surroundings.
       (7) A growing body of social science research indicates 
     that sexual content on television can also have a significant 
     influence on the attitudes and behaviors of young viewers. 
     This research suggests that heavy exposure to programming 
     with strong sexual content contributes to the early 
     commencement of sexual activity among teenagers.
       (8) Members of the National Association of Broadcasters 
     (NAB) adhered for many years to a comprehensive code of 
     conduct that was based on an understanding of the influence 
     exerted by television and on a widely held sense of 
     responsibility for using that influence carefully.
       (9) This code of conduct, the Television Code of the 
     National Association of Broadcasters, articulated this sense 
     of responsibility as follows:
       (A) ``In selecting program subjects and themes, great care 
     must be exercised to be sure that the treatment and 
     presentation are made in good faith and not for the purpose 
     of sensationalism or to shock or exploit the audience or 
     appeal to prurient interests or morbid curiosity.''.
       (B) ``Broadcasters have a special responsibility toward 
     children. Programs designed primarily for children should 
     take into account the range of interests and needs of 
     children, from instructional and cultural material to a wide 
     variety of entertainment material. In their totality, 
     programs should contribute to the sound, balanced development 
     of children to help them achieve a sense of the world at 
     large and informed adjustments to their society.''.
       (C) ``Violence, physical, or psychological, may only be 
     projected in responsibly handled contexts, not used 
     exploitatively. Programs involving violence present the 
     consequences of it to its victims and perpetrators. 
     Presentation of the details of violence should avoid the 
     excessive, the gratuitous and the instructional.''.
       (D) ``The presentation of marriage, family, and similarly 
     important human relationships, and material with sexual 
     connotations, shall not be treated exploitatively or 
     irresponsibly, but with sensitivity.''.
       (E) ``Above and beyond the requirements of the law, 
     broadcasters must consider the family atmosphere in which 
     many of their programs are viewed. There shall be no graphic 
     portrayal of sexual acts by sight or sound. The portrayal of 
     implied sexual acts must be essential to the plot and 
     presented in a responsible and tasteful manner.''.
       (10) The National Association of Broadcasters abandoned the 
     code of conduct in 1983 after three provisions of the code 
     restricting the sale of advertising were challenged by the 
     Department of Justice on antitrust grounds and a Federal 
     district court issued a summary judgment against the National 
     Association of Broadcasters regarding one of the provisions 
     on those grounds. However, none of the programming standards 
     of the code were challenged.
       (11) While the code of conduct was in effect, its 
     programming standards were never found to have violated any 
     antitrust law.
       (12) Since the National Association of Broadcasters 
     abandoned the code of conduct, programming standards on 
     broadcast and cable television have deteriorated 
     dramatically.
       (13) In the absence of effective programming standards, 
     public concern about the

[[Page 9306]]

     impact of television on children, and on society as a whole, 
     has risen substantially. Polls routinely show that more than 
     80 percent of Americans are worried by the increasingly 
     graphic nature of sex, violence, and vulgarity on television 
     and by the amount of programming that openly sanctions or 
     glorifies criminal, antisocial, and degrading behavior.
       (14) At the urging of Congress, the television industry has 
     taken some steps to respond to public concerns about 
     programming standards and content. The broadcast television 
     industry agreed in 1992 to adopt a set of voluntary 
     guidelines designed to ``proscribe gratuitous or excessive 
     portrayals of violence''. Shortly thereafter, both the 
     broadcast and cable television industries agreed to conduct 
     independent studies of the violent content in their 
     programming and make those reports public.
       (15) In 1996, the television industry as a whole made a 
     commitment to develop a comprehensive rating system to label 
     programming that may be harmful or inappropriate for 
     children. That system was implemented at the beginning of 
     1999.
       (16) Despite these efforts to respond to public concern 
     about the impact of television on children, millions of 
     Americans, especially parents with young children, remain 
     angry and frustrated at the sinking standards of television 
     programming, the reluctance of the industry to police itself, 
     and the harmful influence of television on the well-being of 
     the children and the values of the United States.
       (17) The Department of Justice issued a ruling in 1993 
     indicating that additional efforts by the television industry 
     to develop and implement voluntary programming guidelines 
     would not violate the antitrust laws. The ruling states that 
     ``such activities may be likened to traditional standard 
     setting efforts that do not necessarily restrain competition 
     and may have significant procompetitive benefits. . . Such 
     guidelines could serve to disseminate valuable information on 
     program content to both advertisers and television viewers. 
     Accurate information can enhance the demand for, and increase 
     the output of, an industry's products or services.''.
       (18) The Children's Television Act of 1990 (Public Law 101-
     437) states that television broadcasters in the United States 
     have a clear obligation to meet the educational and 
     informational needs of children.
       (19) Several independent analyses have demonstrated that 
     the television broadcasters in the United States have not 
     fulfilled their obligations under the Children's Television 
     Act of 1990 and have not noticeably expanded the amount of 
     educational and informational programming directed at young 
     viewers since the enactment of that Act.
       (20) The popularity of video and personal computer (PC) 
     games is growing steadily among children. Although most 
     popular video and personal computer games are educational or 
     harmless in nature, many of the most popular are extremely 
     violent. One recent study by Strategic Record Research found 
     that 64 percent of teenagers played video or personal 
     computer games on a regular basis. Other surveys of children 
     as young as elementary school age found that almost half of 
     them list violent computer games among their favorites.
       (21) Violent video games often present violence in a 
     glamorized light. Game players are often cast in the role of 
     shooter, with points scored for each ``kill''. Similarly, 
     advertising for such games often touts violent content as a 
     selling point--the more graphic and extreme, the better.
       (22) As the popularity and graphic nature of such video 
     games grows, so do their potential to negatively influence 
     impressionable children.
       (23) Music is another extremely pervasive and popular form 
     of entertainment. American children and teenagers listen to 
     music more than any other demographic group. The Journal of 
     American Medicine reported that between the 7th and 12th 
     grades the average teenager listens to 10,500 hours of rock 
     or rap music, just slightly less than the entire number of 
     hours spent in the classroom from kindergarten through high 
     school.
       (24) Teens are among the heaviest purchasers of music, and 
     are most likely to favor music genres that depict, and often 
     appear to glamorize violence.
       (25) Music has a powerful ability to influence perceptions, 
     attitudes, and emotional state. The use of music as therapy 
     indicates its potential to increase emotional, psychological. 
     and physical health. That influence can be used for ill as 
     well.

      SEC. 503. PURPOSES; CONSTRUCTION.

       (a) Purposes.--The purposes of this title are to permit the 
     entertainment industry--
       (1) to work collaboratively to respond to growing public 
     concern about television programming, movies, video games, 
     Internet content, and music lyrics, and the harmful influence 
     of such programming, movies, games, content, and lyrics on 
     children;
       (2) to develop a set of voluntary programming guidelines 
     similar to those contained in the Television Code of the 
     National Association of Broadcasters; and
       (3) to implement the guidelines in a manner that alleviates 
     the negative impact of television programming, movies, video 
     games, Internet content, and music lyrics on the development 
     of children in the United States and stimulates the 
     development and broadcast of educational and informational 
     programming for such children.
       (b) Construction.--This title may not be construed as--
       (1) providing the Federal Government with any authority to 
     restrict television programming, movies, video games, 
     Internet content, or music lyrics that is in addition to the 
     authority to restrict such programming, movies, games, 
     content, or lyrics under law as of the date of the enactment 
     of this Act; or
       (2) approving any action of the Federal Government to 
     restrict such programming, movies, games, content, or lyrics 
     that is in addition to any actions undertaken for that 
     purpose by the Federal Government under law as of such date.

      SEC. 504. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES 
                   FOR CERTAIN ENTERTAINMENT MATERIAL FROM 
                   APPLICABILITY OF ANTITRUST LAWS.

       (a) Exemption.--Subject to subsection (b), the antitrust 
     laws shall not apply to any joint discussion, consideration, 
     review, action, or agreement by or among persons in the 
     entertainment industry for the purpose of developing and 
     disseminating voluntary guidelines designed--
       (1) to alleviate the negative impact of telecast material, 
     movies, video games, Internet content, and music lyrics 
     containing violence, sexual content, criminal behavior, or 
     other subjects that are not appropriate for children; or
       (2) to promote telecast material that is educational, 
     informational, or otherwise beneficial to the development of 
     children.
       (b) Limitation.--The exemption provided in subsection (a) 
     shall not apply to any joint discussion, consideration, 
     review, action, or agreement which--
       (1) results in a boycott of any person; or
       (2) concerns the purchase or sale of advertising, including 
     (without limitation) restrictions on the number of products 
     that may be advertised in a commercial, the number of times a 
     program may be interrupted for commercials, and the number of 
     consecutive commercials permitted within each interruption.

     SEC. 505. EXEMPTION OF ACTIVITIES TO ENSURE COMPLIANCE WITH 
                   RATINGS AND LABELING SYSTEMS FROM APPLICABILITY 
                   OF ANTITRUST LAWS.

       (a) Exemption From Antitrust Laws.--
       (1) In general.--The antitrust laws shall not apply to any 
     joint discussion, consideration, review, action, or agreement 
     between or among persons in the motion picture, recording, or 
     video game industry for the purpose of and limited to the 
     development or enforcement of voluntary guidelines, 
     procedures, and mechanisms designed to ensure compliance by 
     persons and entities described in paragraph (2) with ratings 
     and labeling systems to identify and limit dissemination of 
     sexual, violent, or other indecent material to children.
       (2) Persons and entities described.--A person or entity 
     described in this paragraph is a person or entity that is--
       (A) engaged in the retail sales of motion pictures, 
     recordings, or video games; or
       (B) a theater owner or operator, video game arcade owner or 
     operator, or other person or entity that makes available the 
     viewing, listening, or use of a motion picture, recording, or 
     video game to a member of the general public for 
     compensation.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Antitrust Division of the 
     Department of Justice, in conjunction with the Federal Trade 
     Commission, shall submit to Congress a report on--
       (1) the extent to which the motion picture, recording, and 
     video game industry have developed or enforced guidelines, 
     procedures, or mechanisms to ensure compliance by persons and 
     entities described in subsection (b)(2) with ratings or 
     labeling systems which identify and limit dissemination of 
     sexual, violent, or other indecent material to children; and
       (2) the extent to which Federal or State antitrust laws 
     preclude those industries from developing and enforcing the 
     guidelines described in subsection (b)(1).

     SEC. 506. DEFINITIONS.

       In this subtitle:
       (1) Antitrust laws.--The term ``antitrust laws'' has the 
     meaning given such term in the first section of the Clayton 
     Act (15 U.S.C. 12) and includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45).
       (2) Internet.--The term ``Internet'' means the combination 
     of computer facilities and electromagnetic transmission 
     media, and related equipment and software, comprising the 
     interconnected worldwide network of computer networks that 
     employ the Transmission Control Protocol/Internet Protocol or 
     any successor protocol to transmit information.
       (3) Movies.--The term ``movies'' means motion pictures.
       (4) Person in the entertainment industry.--The term 
     ``person in the entertainment industry'' means a television 
     network,

[[Page 9307]]

     any entity which produces or distributes television 
     programming (including motion pictures), the National Cable 
     Television Association, the Association of Independent 
     Television Stations, Incorporated, the National Association 
     of Broadcasters, the Motion Picture Association of America, 
     each of the affiliate organizations of the television 
     networks, the Interactive Digital Software Association, any 
     entity which produces or distributes video games, the 
     Recording Industry Association of America, and any entity 
     which produces or distributes music, and includes any 
     individual acting on behalf of such person.
       (5) Telecast.--The term ``telecast'' means any program 
     broadcast by a television broadcast station or transmitted by 
     a cable television system.
                       Subtitle B--Other Matters

      SEC. 511. STUDY OF MARKETING PRACTICES OF MOTION PICTURE, 
                   RECORDING, AND VIDEO/PERSONAL COMPUTER GAME 
                   INDUSTRIES.

       (a) Study.--
       (1) In general.--The Federal Trade Commission and the 
     Attorney General shall jointly conduct a study of the 
     marketing practices of the motion picture, recording, and 
     video/personal computer game industries.
       (2) Issues examined.--In conducting the study under 
     paragraph (1), the Commission and the Attorney General shall 
     examine--
       (A) the extent to which the motion picture, recording, and 
     video/personal computer industries target the marketing of 
     violent, sexually explicit, or other unsuitable material to 
     minors, including whether such content is advertised or 
     promoted in media outlets in which minors comprise a 
     substantial percentage of the audience;
       (B) the extent to which retail merchants, movie theaters, 
     or others who engage in the sale or rental for a fee of 
     products of the motion picture, recording, and video/personal 
     computer industries--
       (i) have policies to restrict the sale, rental, or viewing 
     to minors of music, movies, or video/personal computer games 
     that are deemed inappropriate for minors under the applicable 
     voluntary industry rating or labeling systems; and
       (ii) have procedures compliant with such policies;
       (C) whether and to what extent the motion picture, 
     recording, and video/personal computer industries require, 
     monitor, or encourage the enforcement of their respective 
     voluntary rating or labeling systems by industry members, 
     retail merchants, movie theaters, or others who engage in the 
     sale or rental for a fee of the products of such industries;
       (D) whether any of the marketing practices examined may 
     violate Federal law; and
       (E) whether and to what extent the motion picture, 
     recording, and video/personal computer industries engage in 
     actions to educate the public on the existence, use, or 
     efficacy of their voluntary rating or labeling systems.
       (3) Factors for determination.--In determining whether the 
     products of the motion picture, recording, or video/personal 
     computer industries are violent, sexually explicit, or 
     otherwise unsuitable for minors for the purposes of paragraph 
     (2)(A), the Commission and the Attorney General shall 
     consider the voluntary industry rating or labeling systems of 
     the industry concerned as in effect on the date of the 
     enactment of this Act.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Commission and the Attorney 
     General shall submit to Congress a report on the study 
     conducted under subsection (a).
       (c) Authority.--For the purposes of the study conducted 
     under subsection (a), the Commission may use its authority 
     under section 6(b) of the Federal Trade Commission Act to 
     require the filing of reports or answers in writing to 
     specific questions, as well as to obtain information, oral 
     testimony, documentary material, or tangible things.
                                 ______
                                 

                  BOXER (AND OTHERS) AMENDMENT NO. 330

  Mrs. BOXER (for herself, Mr. Kennedy, Mr. Durbin, and Mr. Lautenberg) 
proposed an amendment to the bill, S. 254, supra; as follows:

       At the end, add the following:

     SEC.   . STUDY OF MARKETING PRACTICES OF THE FIREARMS 
                   INDUSTRY.

       (a) In General.--
       The Federal Trade Commission and the Attorney General shall 
     jointly conduct a study of the marketing practices of the 
     firearms industry, with respect to children.
       (b) Issues Examined.--In conducting the study under 
     subsection (a), the Commission and the Attorney General shall 
     examine the extent to which the firearms industry advertises 
     and promotes its products to juveniles, including in media 
     outlets in which minors comprise a substantial percentage of 
     the audience.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Commission and the Attorney 
     General shall submit to Congress a report on the study 
     conducted under subsection (a).
                                 ______
                                 

               LAUTENBERG (AND OTHERS) AMENDMENT NO. 331

  Mr. LAUTENBERG (for himself, Mr. Schumer, Mrs. Boxer, Mr. Kohl, Mrs. 
Feinstein, and Mr. Levin) proposed an amendment to the bill, S. 254, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

       (a) Findings.--Congress finds that--
       (1) more than 4,400 traditional gun shows are held annually 
     across the United States, attracting thousands of attendees 
     per show and hundreds of Federal firearms licensees and 
     nonlicensed firearms sellers;
       (2) traditional gun shows, as well as flea markets and 
     other organized events, at which a large number of firearms 
     are offered for sale by Federal firearms licensees and 
     nonlicensed firearms sellers, form a significant part of the 
     national firearms market;
       (3) firearms and ammunition that are exhibited or offered 
     for sale or exchange at gun shows, flea markets, and other 
     organized events move easily in and substantially affect 
     interstate commerce;
       (4) in fact, even before a firearm is exhibited or offered 
     for sale or exchange at a gun show, flea market, or other 
     organized event, the gun, its component parts, ammunition, 
     and the raw materials from which it is manufactured have 
     moved in interstate commerce;
       (5) gun shows, flea markets, and other organized events at 
     which firearms are exhibited or offered for sale or exchange, 
     provide a convenient and centralized commercial location at 
     which firearms may be bought and sold anonymously, often 
     without background checks and without records that enable gun 
     tracing;
       (6) at gun shows, flea markets, and other organized events 
     at which guns are exhibited or offered for sale or exchange, 
     criminals and other prohibited persons obtain guns without 
     background checks and frequently use guns that cannot be 
     traced to later commit crimes;
       (7) many persons who buy and sell firearms at gun shows, 
     flea markets, and other organized events cross State lines to 
     attend these events and engage in the interstate 
     transportation of firearms obtained at these events;
       (8) gun violence is a pervasive, national problem that is 
     exacerbated by the availability of guns at gun shows, flea 
     markets, and other organized events;
       (9) firearms associated with gun shows have been 
     transferred illegally to residents of another State by 
     Federal firearms licensees and nonlicensed firearms sellers, 
     and have been involved in subsequent crimes including drug 
     offenses, crimes of violence, property crimes, and illegal 
     possession of firearms by felons and other prohibited 
     persons; and
       (10) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to ensure, by enactment of this Act, that criminals 
     and other prohibited persons do not obtain firearms at gun 
     shows, flea markets, and other organized events.
       (b) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(35) Gun show.--The term `gun show' means any event--
       ``(A) at which 50 or more firearms are offered or exhibited 
     for sale, transfer, or exchange, if 1 or more of the firearms 
     has been shipped or transported in, or otherwise affects, 
     interstate or foreign commerce; and
       ``(B) at which 2 or more persons are offering or exhibiting 
     1 or more firearms for sale, transfer, or exchange.
       ``(36) Gun show promoter.--The term `gun show promoter' 
     means any person who organizes, plans, promotes, or operates 
     a gun show.
       ``(37) Gun show vendor.--The term `gun show vendor' means 
     any person who exhibits, sells, offers for sale, transfers, 
     or exchanges 1 or more firearms at a gun show, regardless of 
     whether or not the person arranges with the gun show promoter 
     for a fixed location from which to exhibit, sell, offer for 
     sale, transfer, or exchange 1 or more firearms.''
       (c) Regulation of Firearms Transfers at Gun Shows.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Regulation of firearms transfers at gun shows

       ``(a) Registration of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) registers with the Secretary in accordance with 
     regulations promulgated by the Secretary; and
       ``(2) pays a registration fee, in an amount determined by 
     the Secretary.
       ``(b) Responsibilities of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) not later that 30 days before commencement of the gun 
     show, notifies the Secretary of the date, time, duration, and 
     location of the gun show and any other information concerning 
     the gun show as the Secretary may require by regulation;

[[Page 9308]]

       ``(2) not later than 72 hours before commencement of the 
     gun show, submits to the Secretary an updated list of all gun 
     show vendors planning to participate in the gun show and any 
     other information concerning such vendors as the Secretary 
     may require by regulation;
       ``(3) before commencement of the gun show, verifies the 
     identity of each gun show vendor participating in the gun 
     show by examining a valid identification document (as defined 
     in section 1028(d)(1)) of the vendor containing a photograph 
     of the vendor;
       ``(4) before commencement of the gun show, requires each 
     gun show 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; and
       ``(5) notifies each person who attends the gun show of the 
     requirements of this chapter, in accordance with such 
     regulations as the Secretary shall prescribe;
       ``(6) not later than 5 days after the last day of the gun 
     show, submits to the Secretary a copy of the ledger and 
     notice described in paragraph (4); and
       ``(7) maintains a copy of the records described in 
     paragraphs (2) through (4) at the permanent place of business 
     of the gun show promoter for such period of time and in such 
     form as the Secretary shall require by regulation.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, 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, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not transfer the firearm to the transferee 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not transfer 
     the firearm to the transferee if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(d) Responsibilities of Transferees Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to receive a 
     firearm from another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not receive the firearm from the transferor 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not receive 
     the firearm from the transferor if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(e) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, or licensed dealer who agrees to 
     assist a person who is not licensed under this chapter in 
     carrying out the responsibilities of that person under 
     subsection (c) or (d) with respect to the transfer of a 
     firearm shall--
       ``(1) enter such information about the firearm as the 
     Secretary may require by regulation into a separate bound 
     record;
       ``(2) record the transfer on a form specified by the 
     Secretary;
       ``(3) 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), and notify the nonlicensed transferor and the 
     nonlicensed transferee--
       ``(A) of such compliance; and
       ``(B) if the transfer is subject to the requirements of 
     section 922(t)(1), 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 would violate 
     State law;
       ``(4) not later than 10 days after the date on which the 
     transfer occurs, submit to the Secretary a report of the 
     transfer, which report--
       ``(A) shall be on a form specified by the Secretary by 
     regulation; and
       ``(B) shall not include the name of or other identifying 
     information relating to any person involved in the transfer 
     who is not licensed under this chapter;
       ``(5) if the licensed importer, licensed manufacturer, or 
     licensed dealer assists a person other than a licensee in 
     transferring, at 1 time or during any 5 consecutive business 
     days, 2 or more pistols or revolvers, or any combination of 
     pistols and revolvers totaling 2 or more, to the same 
     nonlicensed person, in addition to the reports required under 
     paragraph (4), prepare a report of the multiple transfers, 
     which report shall be--
       ``(A) prepared on a form specified by the Secretary; and
       ``(B) not later than the close of business on the date on 
     which the 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
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Secretary a 
     report of the transfer, which report--
       ``(1) shall be in a form specified by the Secretary by 
     regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction' includes the exhibition, sale, 
     offer for sale, transfer, or exchange of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever knowingly violates section 931(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 931, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(C) Whoever willfully violates section 931(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 931 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Secretary may, with respect to any person who 
     knowingly violates any provision of section 931--
       ``(i) if the person is registered pursuant to section 
     931(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 931(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (3) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the chapter analysis, by adding at the end the 
     following:

``931. Regulation of firearms transfers at gun shows.''; and

       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''; and
       (d) Inspection Authority.--Section 923(g)(1) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Secretary may 
     enter during business hours the place of business of any gun 
     show promoter and any place where a gun show is held for the 
     purposes of examining the records required by sections 923 
     and 931 and the inventory of licensees conducting business at 
     the gun show. Such entry and examination shall be conducted 
     for the purposes of determining compliance with this chapter 
     by gun show promoters and licensees conducting business at 
     the gun show and shall not require a showing of reasonable 
     cause or a warrant.''.
       (e) 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, licensed manufacturer, or 
     licensed collector who knowingly makes any false statement or 
     representation with respect to the information required by 
     this chapter to be kept in

[[Page 9309]]

     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.''.
       (f) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--
       (1) Penalties.--Section 924 of title 18, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Elimination of certain elements of offense.--Section 
     922(t)(5) of title 18, United States Code, is amended by 
     striking ``and, at the time'' and all that follows through 
     ``State law''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 332

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

       On page 265, after line 20, add the following:At the end, 
     add the following:
                  TITLE __--GENERAL FIREARM PROVISIONS

     SEC. __01. SPECIAL LICENSEES; SPECIAL REGISTRATIONS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(35) Gun show.--The term `gun show' means a gun show or 
     event described in section 923(j).
       ``(36) Special license.--The term `special license' means a 
     license issued under section 923(m).
       ``(37) Special licensee.--The term `special licensee' means 
     a person to whom a special license has been issued.
       ``(38) Special registrant.--The term `special registrant' 
     means a person to whom a special registration has been 
     issued.
       ``(39) Special registration.--The term `special 
     registration' means a registration issued under section 
     923(m).''.
       (b) Special Licenses; Special Registration.--Section 923 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(m) Special Licenses; Special Registrations.--
       ``(1) Special licenses.--
       ``(A) Application.--A person who--
       ``(i) is engaged in the business of dealing in firearms 
     by--

       ``(I) buying or selling firearms solely or primarily at gun 
     shows; or
       ``(II) buying or selling firearms as part of a gunsmith or 
     firearm repair business or the conduct of other activity 
     that, absent this subsection, would require a license under 
     this chapter; and

       ``(ii) desires to have access to the National Instant Check 
     System;
     may submit to the Secretary an application for a special 
     license.
       ``(B) Effect of paragraph.--Nothing in this paragraph--
       ``(i) requires a license for conduct that did not require a 
     license before the date of enactment of this subsection; or
       ``(ii) diminishes in any manner any right to display, sell, 
     or otherwise dispose of firearms or ammunition, make repairs, 
     or engage in any other conduct or activity, that was 
     otherwise lawful to engage in without a license before the 
     date of enactment of this subsection.
       ``(C) Contents.--An application under subparagraph (A) 
     shall--
       ``(i) contain a certification by the applicant that--

       ``(I) the applicant meets the requirements of subparagraphs 
     (A) through (D) of subsection (d)(1);
       ``(II)(aa) the applicant conducts the firearm business 
     primarily or solely at gun shows, and the applicant has 
     premises (or a designated portion of premises) that may be 
     inspected under this chapter from which the applicant 
     conducts business (or intends to establish such premises) 
     within a reasonable period of time; or
       ``(bb) the applicant conducts the firearm business from a 
     premises (or a designated portion of premises) of a gunsmith 
     or firearms repair business (or intends to establish such 
     premises within a reasonable period of time); and
       ``(III) the firearm business to be conducted under the 
     license--

       ``(aa) is not engaged in business for regularly buying and 
     selling firearms from the applicant's premises;
       ``(bb) will be engaged in the buying or selling of firearms 
     only--
       ``(AA) primarily or solely for a firearm business at gun 
     shows; or
       ``(BB) as part of a gunsmith or firearm repair business;
       ``(cc) shall be conducted in accordance with all dealer 
     recordkeeping required under this chapter for a dealer; and
       ``(dd) shall be subject to inspection under this chapter, 
     including the special licensee's (or a designated portion of 
     the premises), pursuant to the provisions in this chapter 
     applicable to dealers;
       ``(ii) include a photograph and fingerprints of the 
     applicant; and
       ``(iii) be in such form as the Secretary shall by 
     regulation promulgate.
       ``(D) Compliance with state or local law.--
       ``(i) In general.--An applicant under subparagraph (A) 
     shall not be required to certify or demonstrate that any 
     firearm business to be conducted from the premises or 
     elsewhere, to the extent permitted under this subsection, is 
     or will be done in accordance with State or local law 
     regarding the carrying on of a general business or commercial 
     activity, including compliance with zoning restrictions.
       ``(ii) Duty to comply.--The issuance of a special license 
     does not relieve an applicant or licensee, as a matter of 
     State or local law, from complying with State or local law 
     described in clause (i).
       ``(E) Approval.--
       ``(i) In general.--The Secretary shall approve an 
     application under subparagraph (A) if the application meets 
     the requirements of subparagraph (D).
       ``(ii) Issuance of license.--On approval of the application 
     and payment by the applicant of a fee prescribed for dealers 
     under this section, the Secretary shall issue to the 
     applicant a license which, subject to the provisions of this 
     chapter and other applicable provisions of law, entitles the 
     licensee to conduct business during the 3-year period that 
     begins on the date on which the license is issued.
       ``(iii) Timing.--

       ``(I) In general.--The Secretary shall approve or 
     disapprove an application under subparagraph (A) not later 
     than 60 days after the Secretary receives the application.
       ``(II) Failure to act.--If the Secretary fails to approve 
     or disapprove an application within the time specified by 
     subclause (I), the applicant may bring an action under 
     section 1361 of title 28 to compel the Secretary to act.

       ``(2) Special registrants.--
       ``(A) In general.--A person who is not licensed under this 
     chapter (other than a licensed collector) and who wishes to 
     perform instant background checks for the purposes of meeting 
     the requirements of section 922(t) at a gun show may submit 
     to the Secretary an application for a special registration.
       ``(B) Contents.--An application under subparagraph (A) 
     shall--
       ``(i) contain a certification by the applicant that--

       ``(I) the applicant meets the requirements of subparagraphs 
     (A) through (D) of subsection (d)(1); and
       ``(II)(aa) any gun show at which the applicant will conduct 
     instant checks under the special registration will be a show 
     that is not prohibited by State or local law; and
       ``(bb) instant checks will be conducted only at gun shows 
     that are conducted in accordance with Federal, State, and 
     local law;

       ``(ii) include a photograph and fingerprints of the 
     applicant; and
       ``(iii) be in such form as the Secretary shall by 
     regulation promulgate.
       ``(C) Approval.--
       ``(i) In general.--The Secretary shall approve an 
     application under subparagraph (A) if the application meets 
     the requirements of subparagraph (B).
       ``(ii) Issuance of registration.--On approval of the 
     application and payment by the applicant of a fee of $100 for 
     3 years, and upon renewal of valid registration a fee of $50 
     for 3 years, the Secretary shall issue to the applicant a 
     special registration, and notify the Attorney General of the 
     United States of the issuance of the special registration.
       ``(iii) Permitted activity.--Under a special registration, 
     a special registrant may conduct instant check screening 
     during the 3-year period that begins with the date on which 
     the registration is issued.
       ``(D) Timing.--
       ``(i) In general.--The Secretary shall approve or deny an 
     application under subparagraph (A) not later than 60 days 
     after the Secretary receives the application.
       ``(ii) Failure to act.--If the Secretary fails to approve 
     or disapprove an application under subparagraph (A) within 
     the time specified by clause (i), the applicant may bring an 
     action under section 1361 of title 28 to compel the Secretary 
     to act.
       ``(E) Use of special registrants.--
       ``(i) In general.--A person not licensed under this chapter 
     who desires to transfer a firearm at a gun show in the 
     person's State of residence to another person who is a 
     resident of the same State, may use (but shall not be 
     required to use) the services of a special registrant to 
     determine the eligibility of the prospective transferee to 
     possess a firearm by having the transferee provide the 
     special registrant at the gun show, on a special and limited-
     purpose form that the Secretary shall prescribe for use by a 
     special registrant--

[[Page 9310]]

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

       ``(ii) Action by the special registrant.--The special 
     registrant shall--

       ``(I) make inquiry of the national instant background check 
     system (or as the Attorney General shall arrange, with the 
     appropriate State point of contact agency for each 
     jurisdiction in which the special registrant intends to offer 
     services) concerning the prospective transferee in accordance 
     with the established procedures for making such inquiries;
       ``(II) receive the response from the system;
       ``(III) indicate the response on both a portion of the 
     inquiry form for the records of the special registrant and on 
     a separate form to be provided to the prospective transferee;
       ``(IV) provide the response to the transferor; and
       ``(V) follow the procedures established by the Secretary 
     and the Attorney General for advising a person undergoing an 
     instant background check on the meaning of a response, and 
     any appeal rights, if applicable.

       ``(iii) Recordkeeping.--A special registrant shall--

       ``(I) keep all records or documents that the special 
     registrant collected pursuant to clause (ii) during the gun 
     show; and
       ``(II) transmit the records to the Secretary when the 
     special registration is no longer valid, expires, or is 
     revoked.

       ``(iv) No other requirements.--Except for the requirements 
     stated in this section, a special registrant is not subject 
     to any of the requirements imposed on licensees by this 
     chapter, including those in section 922(t) and paragraphs 
     (1)(A) and (3)(A) of subsection (g) with respect to the 
     proposed transfer of a firearm.
       ``(3) No cause of action or standard of conduct.--
       ``(A) In general.--Nothing in this subsection--
       ``(i) creates a cause of action against any special 
     registrant or any other person, including the transferor, for 
     any civil liability; or
       ``(ii) establishes any standard of care.
       ``(B) Evidence.--Notwithstanding any other provision of 
     law, except to give effect to the provisions of paragraph 
     (3)(vi), evidence regarding the use or nonuse by a transferor 
     of the services of a special registrant under this paragraph 
     shall not be admissible as evidence in any proceeding of any 
     court, agency, board, or other entity for the purposes of 
     establishing liability based on a civil action brought on any 
     theory for harm caused by a product or by negligence.
       ``(4) Immunity.--
       ``(A) Definition.--In this paragraph:
       ``(i) In general.--The term `qualified civil liability 
     action' means a civil action brought by any person against a 
     person described in subparagraph (B) for damages resulting 
     from the criminal or unlawful misuse of the firearm by the 
     transferee or a third party.
       ``(ii) Exclusions.--The term `qualified civil liability 
     action' shall not include an action--
       ``(B) Immunity.--Notwithstanding any other provision of 
     law, a person who is--
       ``(i) a special registrant who performs a background check 
     in the manner prescribed in this subsection at a gun show;
       ``(ii) a licensee or special licensee who acquires a 
     firearm at a gun show from a nonlicensee, for transfer to 
     another nonlicensee in attendance at the gun show, for the 
     purpose of effectuating a sale, trade, or transfer between 
     the 2 nonlicensees, all in the manner prescribed for the 
     acquisition and disposition of a firearm under this chapter; 
     or
       ``(iii) a nonlicensee person disposing of a firearm who 
     uses the services of a person described in clause (i) or 
     (ii);
     shall be entitled to immunity from civil liability action as 
     described in subparagraph (B).
       ``(C) Prospective actions.--A qualified civil liability 
     action may not be brought in any Federal or State court--
       ``(i) brought against a transferor convicted under section 
     922(h), or a comparable State felony law, by a person 
     directly harmed by the transferee's criminal conduct, as 
     defined in section 922(h); or
       ``(ii) brought against a transferor for negligent 
     entrustment or negligence per se.
       ``(D) Dismissal of pending actions.--A qualified civil 
     liability action that is pending on the date of enactment of 
     this subsection shall be dismissed immediately by the court.
       ``(5) Revocation.--A special license or special 
     registration shall be subject to revocation under procedures 
     provided for revocation of licensees in this chapter.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Special licensees; special registrants.--Whoever 
     knowingly violates section 923(m)(1) shall be fined under 
     this title, imprisoned not more than 5 years, or both.''.

     SEC. 3. CLARIFICATION OF AUTHORITY TO CONDUCT FIREARM 
                   TRANSACTIONS AT GUN SHOWS.

       Section 923 of title 18, United States Code, is amended by 
     striking subsection (j) and inserting the following:
       ``(j) Gun Shows.--
       ``(1) In general.--A licensed importer, licensed 
     manufacturer, or licensed dealer may, under regulations 
     promulgated by the Secretary, conduct business at a temporary 
     location, other than the location specified on the license, 
     described in paragraph (2).
       ``(2) Temporary location.--
       ``(A) In general.--A temporary location referred to in 
     paragraph (1) is a location for a gun show, or for an event 
     in the State specified on the license, at which firearms, 
     firearms accessories and related items may be bought, sold, 
     traded, and displayed, in accordance with Federal, State, and 
     local laws.
       ``(B) Locations out of state.--If the location is not in 
     the State specified on the license, a licensee may display 
     any firearm, and take orders for a firearm or effectuate the 
     transfer of a firearm, in accordance with this chapter, 
     including paragraph (3) of this subsection.
       ``(C) Qualified gun shows or events.--A gun show or an 
     event shall qualify as a temporary location if--
       ``(i) the gun show or event is one which is sponsored, for 
     profit or not, by an individual, national, State, or local 
     organization, association, or other entity to foster the 
     collecting, competitive use, sporting use, or any other legal 
     use of firearms; and
       ``(ii) the gun show or event has 20 percent or more firearm 
     exhibitors out of all exhibitors.
       ``(D) Firearm exhibitor.--The term `firearm exhibitor' 
     means an exhibitor who displays 1 or more firearms (as 
     defined by section 921(a)(3)) and offers such firearms for 
     sale or trade at the gun show or event.
       ``(3) Records.--Records of receipt and disposition of 
     firearms transactions conducted at a temporary location--
       ``(A) shall include the location of the sale or other 
     disposition;
       ``(B) shall be entered in the permanent records of the 
     licensee; and
       ``(C) shall be retained at the location premises specified 
     on the license.
       ``(4) Vehicles.--Nothing in this subsection authorizes a 
     licensee to conduct business in or from any motorized or 
     towed vehicle.
       ``(5) No separate fee.--Notwithstanding subsection (a), a 
     separate fee shall not be required of a licensee with respect 
     to business conducted under this subsection.
       ``(6) Inspections and examinations.--
       ``(A) At a temporary location.--Any inspection or 
     examination of inventory or records under this chapter by the 
     Secretary at a temporary location shall be limited to 
     inventory consisting of, or records relating to, firearms 
     held or disposed at the temporary location.
       ``(B) No requirement.--Nothing in this subsection 
     authorizes the Secretary to inspect or examine the inventory 
     or records of a licensed importer, licensed manufacturer, or 
     licensed dealer at any location other than the location 
     specified on the license.
       ``(7) No effect on other rights.--Nothing in this 
     subsection diminishes in any manner any right to display, 
     sell, or otherwise dispose of firearms or ammunition that is 
     in effect before the date of enactment of this subsection, 
     including the right of a licensee to conduct firearms 
     transfers and business away from their business premises with 
     another licensee without regard to whether the location of 
     the business is in the State specified on the license of 
     either licensee.''.

     SEC. 4. ``INSTANT CHECK'' GUN TAX AND GUN OWNER PRIVACY.

       (a) Prohibition of Gun Tax.--
       (1) In general.--Chapter 33 of title 28, United States 
     Code, is amended by adding at the end the following

     ``Sec. 540B. Prohibition of background check fee

       ``(a) In General.--No officer, employee, or agent of the 
     United States, including a State or local officer or employee 
     acting on behalf of the United States, may charge or collect 
     any fee in connection with any background check required in 
     connection with the transfer of a firearm (as defined in 
     section 921(a)(3) of title 18).
       ``(b) Civil Remedies.--Any person aggrieved by a violation 
     of this section may bring an action in United States district 
     court for actual damages, punitive damages, and such other 
     remedies as the court may determine to be appropriate, 
     including a reasonable attorney's fee.''.
       (2) Conforming amendment.--The analysis for chapter 33 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 540A the following:

``540B. Prohibition of background check fee.''.

       (b) Protection of Gun Owner Privacy and Ownership Rights.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Gun owner privacy and ownership rights

       ``(a) In General.--Notwithstanding any other provision of 
     law, no department, agency, or instrumentality of the United 
     States or officer, employee, or agent of the United States, 
     including a State or local officer or employee acting on 
     behalf of the United States shall--

[[Page 9311]]

       ``(1) perform any national instant criminal background 
     check on any person through the system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note) (referred to in this section as the 
     ``system'') if the system does not require and result in the 
     immediate destruction of all information, in any form 
     whatsoever or through any medium, concerning the person if 
     the person is determined, through the use of the system, not 
     to be prohibited by subsection (g) or (n) of section 922 or 
     by State law from receiving a firearm; or
       ``(2) continue to operate the system (including requiring a 
     background check before the transfer of a firearm) unless--
       ``(A) the National Instant Check System index complies with 
     the requirements of section 552a(e)(5) of title 5, United 
     States Code; and
       ``(B) does not invoke the exceptions under subsection 
     (j)(2) or paragraph (2) or (3) of subsection (k) of section 
     552a of title 5, United States Code, except if specifically 
     identifiable information is compiled for a particular law 
     enforcement investigation or specific criminal enforcement 
     matter.
       ``(b) Applicability.--Subsection (a)(1) does not apply to 
     the retention or transfer of information relating to--
       ``(1) any unique identification number provided by the 
     national instant criminal background check system pursuant to 
     section 922(t)(1)(B)(i) of title 18, United States Code; or
       ``(2) the date on which that number is provided.
       ``(c) Civil Remedies.--Any person aggrieved by a violation 
     of this section may bring an action in United States district 
     court for actual damages, punitive damages, and such other 
     remedies as the court may determine to be appropriate, 
     including a reasonable attorney's fee.''.
       (2) Conforming amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``931. Gun owner privacy and ownership rights.''.

       (c) Provision Relating to Pawn and Other Transactions.--
       (1) Repeal.--Section 655 of title VI of the Treasury and 
     General Governmental Appropriations Act, 1999 (112 Stat. 
     2681-530) is repealed.
       (2) Return of firearm.--Section 922(t)(1) of title 18, 
     United States Code, is amended by inserting ``(other than the 
     return of a firearm to the person from whom it was 
     received)'' before ``to any other person''.

     SEC. 5. EFFECTIVE DATE.

       (a) Sections 2 and 3.--The amendments made by sections 2 
     and 3 shall take effect on the date that is 90 days after the 
     date of enactment of this Act.
       (b) Section 4.--The amendments made by section 4 take 
     effect on the date of enactment of this Act, except that the 
     amendment made by subsection (a) of that section takes effect 
     on October 1, 1999.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 333

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

       At the appropriate place, insert the following:

     SEC. __. FIREARMS PENALTIES.

       (a) Straw Purchase Penalties.--
       (1) In general.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Notwithstanding paragraph (2), whoever knowingly 
     violates section 922(a)(6) for the purpose of selling, 
     delivering, or otherwise transferring a firearm, knowing or 
     having reasonable cause to know that another person will 
     carry or otherwise possess or discharge or otherwise use the 
     firearm in the commission of a violent felony, shall be--
       ``(i) fined under this title, imprisoned not more than 15 
     years, or both; or
       ``(ii) imprisoned not less than 10 and not more than 20 
     years and fined under this title, if the procurement is for a 
     juvenile.
       ``(B) In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and
       ``(ii) the term `violent felony' means conduct described in 
     subsection (e)(2)(B).''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 180 days after the date of enactment of 
     this Act.
       (b) Juvenile Weapons Penalties.--
       (1) In general.--Section 924(a) of title 18 United States 
     Code, is amended--
       (A) in paragraph (4), by striking ``Whoever'' and inserting 
     ``Except as provided in paragraph (6), whoever''; and
       (B) in paragraph (6), by striking subparagraph (B) and 
     inserting the following:
       ``(B) A person other than a juvenile who knowingly violates 
     section 922(x)--
       ``(i) shall be fined under this title, imprisoned not more 
     than 1 year, or both; or
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun or ammunition to a juvenile, knowing or 
     having reasonable cause to know that the juvenile intended to 
     carry or otherwise possess or discharge or otherwise use the 
     handgun or ammunition in the commission of a violent felony, 
     shall be imprisoned not less than 10 and not more than 20 
     years and fined under this title.
       ``(C) In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and
       ``(ii) the term `violent felony' means conduct described in 
     subsection (e)(2)(B).''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 

                        FRIST AMENDMENT NO. 334

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

       At the appropriate place, insert the following:

     SEC. __. AMENDMENT TO INDIVIDUALS WITH DISABILITIES EDUCATION 
                   ACT.

       Section 615(k) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1415(k)) is amended--
       (1) in paragraph (1)(A)(ii)(I), by inserting ``(other than 
     a firearm)'' after ``weapon'';
       (2) by redesignating paragraph (10) as paragraph (11);
       (3) by inserting after paragraph (9) the following:
       ``(10) Authority of school personnel regarding firearms.--
     Notwithstanding any other provision of this Act, school 
     personnel with the authority to discipline students may 
     discipline a child with a disability who intentionally 
     possesses a firearm at a school, on school premises, or at a 
     school function, in the same manner that such personnel may 
     discipline a child without a disability, including ceasing 
     educational services. For purposes of this paragraph, a 
     determination concerning whether possession of a firearm is 
     intentional shall not be the subject of a review under 
     paragraph (4).''; and
       (4) in paragraph (11), as redesignated in paragraph (2), by 
     adding at the end the following:
       ``(E) Firearm.--The term `firearm' has the meaning given 
     the term in section 921 of title 18, United States Code.''.
                                 ______
                                 

                  HATCH (AND LEAHY) AMENDMENT NO. 335

  Mr. HATCH (for himself and Mr. Leahy) proposed an amendment to the 
bill, S. 254, supra; as follows:

         On page 265, below line 20, add the following:

     SEC. 402. PROVISION OF INTERNET FILTERING OR SCREENING 
                   SOFTWARE BY CERTAIN INTERNET SERVICE PROVIDERS.

         (a) Requirement To Provide.--Each Internet service 
     provider shall at the time of entering an agreement with a 
     residential customer for the provision of Internet access 
     services, provide to such customer, either at no fee or at a 
     fee not in excess of the amount specified in subsection (c), 
     computer software or another filtering or blocking system 
     that allows the customer to prevent the access of minors to 
     material on the Internet.
         (b) Surveys of Provision of Software or Systems.--
         (1) Surveys.--The Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice and the 
     Federal Trade Commission shall jointly conduct surveys of the 
     extent to which Internet service providers are providing 
     computer software or systems described in subsection (a) to 
     their subscribers.
         (2) Frequency.--The surveys required by paragraph (1) 
     shall be completed as follows:
         (A) One shall be completed not later than one year after 
     the date of the enactment of this Act.
         (B) One shall be completed not later than two years after 
     that date.
         (C) One shall be completed not later than three years 
     after that date.
         (c) Fees.--The fee, if any, charged and collected by an 
     Internet service provider for providing computer software or 
     a system described in subsection (a) to a residential 
     customer shall not exceed the amount equal to the cost of the 
     provider in providing the software or system to the 
     subscriber, including the cost of the software or system and 
     of any license required with respect to the software or 
     system.
         (d) Applicability.--The requirement described in 
     subsection (a) shall become effective only if--
         (1) 1 year after the date of the enactment of this Act, 
     the Office and the Commission determine as a result of the 
     survey completed by the deadline in subsection (b)(2)(A) that 
     less than 75 percent of the total number of residential 
     subscribers of Internet service providers as of such deadline 
     are provided computer software or systems described in 
     subsection (a) by such providers;
         (2) 2 years after the date of the enactment of this Act, 
     the Office and the Commission determine as a result of the 
     survey completed by the deadline in subsection (b)(2)(B) that 
     less than 85 percent of the total number of residential 
     subscribers of Internet service providers as of such deadline 
     are provided such software or systems by such providers; or
         (3) 3 years after the date of the enactment of this Act, 
     if the Office and the Commission determine as a result of the 
     survey completed by the deadline in subsection (b)(2)(C) that 
     less than 100 percent of the

[[Page 9312]]

     total number of residential subscribers of Internet service 
     providers as of such deadline are provided such software or 
     systems by such providers.
         (e) Internet Service Provider Defined.--In this section, 
     the term ``Internet service provider'' means a ``service 
     provider'' as defined in section 512(k)(1)(A) of title 17, 
     United States Code, which has more than 50,000 subscribers.
                                 ______
                                 

                         REED AMENDMENT NO. 336

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

       At the appropriate place, insert the following:

     SEC. __. GUN DEALER RESPONSIBILITY.

       (a) Definitions.--In this section:
       (1) Dealer.--The term ``dealer'' has the meaning given such 
     term in section 921(a)(11) of title 18, United States Code.
       (2) Firearm.--The term ``firearm'' has the meaning given 
     such term in section 921(a)(3) of title 18, United States 
     Code.
       (3) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of the United 
     States, or of a State or political subdivision thereof, who 
     is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of law.
       (b) Cause of Action; Federal Jurisdiction.--Any person 
     suffering bodily injury as a result of the discharge of a 
     firearm (or, in the case of a person who is incapacitated or 
     deceased, any person entitled to bring an action on behalf of 
     that person or the estate of that person) may bring an action 
     in any United States district court against any dealer who 
     transferred the firearm to any person in violation of chapter 
     44 of title 18, United States Code, for damages and such 
     other relief as the court deems appropriate. In any action 
     under this subsection, the court shall allow a prevailing 
     plaintiff a reasonable attorney's fee as part of the costs.
       (c) Liability.--
       (1) In general.--Except as provided in paragraph (2), the 
     defendant in an action brought under subsection (b) shall be 
     held liable in tort, without regard to fault or proof of 
     defect, for all direct and consequential damages that arise 
     from bodily injury or death proximately resulting from the 
     illegal sale of a firearm if it is established by a 
     preponderance of the evidence that the defendant transferred 
     the firearm to any person in violation of chapter 44 of title 
     18, United States Code.
       (2) Defenses.--
       (A) Injury while committing a felony.--There shall be no 
     liability under paragraph (1) if it is established by a 
     preponderance of the evidence that the plaintiff suffered the 
     injury while committing a crime punishable by imprisonment 
     for a term exceeding 1 year.
       (B) Injury by law enforcement officer.--There shall be no 
     liability under paragraph (1) if it is established by a 
     preponderance of the evidence that the injury was suffered as 
     a result of the discharge, by a law enforcement officer in 
     the performance of official duties, of a firearm issued by 
     the United States (or any department or agency thereof) or 
     any State (or department, agency, or political subdivision 
     thereof).
       (e) No Effect on Other Causes of Action.--This section may 
     not be construed to limit the scope of any other cause of 
     action available to a person injured as a result of the 
     discharge of a firearm.
       (f) Applicability.--This section applies to any--
       (1) firearm transferred before, on, or after the date of 
     enactment of this Act; and
       (2) bodily injury or death occurring after such date of 
     enactment.

                          ____________________