[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Page 2927]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2631. Mr. LEVIN proposed an amendment to the bill S. 1805, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages resulting from the misuse of their products 
by others; as follows:

       On page 11, after line 19, add the following:

     SEC. 5. GROSS NEGLIGENCE OR RECKLESS CONDUCT.

       (a) In General.--None of the provisions in the Act shall be 
     construed to prohibit a civil liability action from being 
     brought or continued against a person if that person's own 
     gross negligence or reckless conduct was a proximate cause of 
     death or injury.
       (b) Definitions.--As used in this section--
       (1) the term ``gross negligence'' has the meaning given the 
     term in subsection (b)(7) of the Bill Emerson Good Samaritan 
     Food Donation Act (42 U.S.C. 1791(b)(7)); and
       (2) the term ``reckless'' has the meaning given the term in 
     the application notes under section 2A1.4 of the Federal 
     Sentencing Guidelines Manual.
                                 ______
                                 
  SA 2632. Mr. LAUTENBERG proposed an amendment to the bill S. 1805, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages resulting from the misuse of their products 
by others; as follows:

       At the appropriate place, insert the following:

     SEC.   . AMENDMENTS TO BRADY HANDGUN VIOLENCE PREVENTION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Terrorist Apprehension Act''.
       (b) Amendments.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (1) in subsection (i), by striking ``No department'' and 
     inserting ``Except as provided in subsection (j), no 
     department'';
       (2) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (3) by inserting after subsection (i) the following:
       ``(j) Terrorist Apprehension.--
       ``(1) Initial notification.--If the system established 
     under this section determines that a prospective transferee 
     is listed in the Violent Gang and Terrorist Organization file 
     or a similar terrorist watch list, regardless of the 
     eligibility of such person to purchase a firearm, the system 
     shall provide this information to the employee at the 
     Criminal Justice Information Services Division of the Federal 
     Bureau of Investigation that is accessing the national 
     instant criminal background check system (referred to in this 
     subsection as the `NICS operator').
       ``(2) Notification of law enforcement.--Upon receiving 
     information under paragraph (1), the NICS operator shall 
     immediately provide the Federal Bureau of Investigation, the 
     Department of Homeland Security, the terrorist task force, 
     and State and local law enforcement in the jurisdiction in 
     which the firearm purchase is being attempted with--
       ``(A) the name, date of birth, and any other identifying 
     information reported by the prospective transferee;
       ``(B) the time and place of the attempted firearm purchase; 
     and
       ``(C) the type of weapon, if known, that the prospective 
     transferee attempted to purchase.
       ``(3) Notification of originating agency.--In addition to 
     the notifications under paragraph (2), the NICS operator 
     shall immediately provide the agency that placed the name of 
     the suspected terrorist on the terrorist watch list with the 
     information described in subparagraphs (A) through (C) of 
     paragraph (2).''.
                                 ______
                                 
  SA 2633. Mr. LAUTENBERG proposed an amendment to the bill S. 1805, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages resulting from the misuse of their products 
by others; as follows:

       On page 9, between lines 2 and 3, insert the following:
       ``(vi) any action involving injury to children.''.

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