Committee on Rules

June 14, 1999 (11:30 a.m.)

Summary of Amendments Submitted to the Rules Committee
on H.R. 1501, Consequences for Juvenile Offenders Act of 1999

(in alphabetical order)

Aderholt #76 Allows states to publicly display the Ten Commandments under the Tenth Amendment to the Constitution. Would not require the display of the Ten Commandments, but rather would declare the power to do so to be among the powers reserved to the States respectively.

Baldwin #62 Authorizes the Families and Schools Together (FAST) Program under the Juvenile Accountability Block Grants section of the Omnibus Crime Control and Safe Streets Act of 1968.

Barr #138 Amendment in the nature of a substitute. Authorizes grants to States for State and local government; provides juvenile justice reform; increases the enforcement of federal firearms laws; limits juvenile access to firearms and explosives through increased penalties and sentences; prevents criminal access to firearms and explosives through instate gun checks; punishes and deters criminal use of firearms and explosives; punishes gang violence and drug trafficking to minors through increased penalties; and limits the distribution of violent and sexually explicit material to children.

Barr #139 Allows for a vote on the criminal justice and juvenile crime reform elements without gun control provisions included; retains provisions streamlining juvenile justice procedure; takes steps to increase enforcement of existing gun laws, limits juvenile access to guns and explosives, protects the privacy of gun owners and raises penalties for the illegal use of, or trafficking in, firearms.

Barr #140 Provides that school personnel may discipline a child with a disability who carries or possesses a gun or firearm to or at school, on school premises, or to or at school functions in the same manner that such personnel may punish a child without a disability.

Barr #141 Designates the power to display the Ten Commandments on or within property owned or administered by the several States or educational institutions to the States exclusively. Provides that the expression of religious faith by individual persons on or within this "state" property is among an individual's secured rights and that no State shall deprive an individual of this right.

Barr #142 Establishes a select committee to be known as the "Select Committee on Youth Violence" to conduct a full investigation of all matters relating to youth violence. The Speaker appoints 10 House of Representatives members (no more than half from the same political party). Select Committee shall meet and hold hearings if it decides they are necessary. It shall present, as soon as practicable during the present Congress, a final report that details the Committee's findings and recommendations resulting from the investigation. This report will be referred to specific Committees as they relate to the issues involved.

Berkley/Udall #25 Authorizes $600 million in funding for after-school programs, developed by communities, such as mentoring, academic assistance, recreation, technology and job skills training, and drug, alcohol, and gang prevention programs.

Bilbray #67 Amends Section 1111(a) of title 18, U.S. Code so that a murder committed with the use of a semiautomatic assault weapon or a large capacity ammunition feeding device (weapons banned by the 1994 Assault Weapon Ban) would be considered in the first degree.

Blagojevich/Waxman #120

Regulates the 50 caliber sniper weapon as a destructive device under the National Firearms Act.

Blagojevich/Waxman #121

Bans the sale of military-styled armor piercing and armor piercing incendiary ammunition that can pierce ballistic glass and armored vehicles, according to a performance-based test administered by the Secretary of the Treasury.

Blagojevich/Lowey #122

Raises the age for handgun "possession" for juveniles from 18 to 21 years old, unless that juvenile: (1) has reason to possess a handgun in the course of employment, ranching or farming, target practice , hunting, or the instruction in the safe and lawful use of a handgun; (2) has prior written consent from a parent or guardian who is not prohibited by law from possessing a handgun; (3) is a member of the Armed Forces or the National Guard of the United States; or (4) is using the weapon in self-defense.

Blagojevich/Lowey #151

Late. Raises the age for the "possesion" of handguns, assault weapons and high capacity magazine clips to 21 years old. Would not affect handgun possession rights for a juvenile under the age of 21 who: 1) have reason to possess a handgun in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; or 2) with the prior written consent of the juvenile's parent or guardian who is not prohibited by any law from possessing a firearm; or 3) is a safe member of the Armed Forces or the National Guard of the United States; or 4) if the weapon is used in self defense by the juvenile.

Burton/Markey #89 National Youth Violence Commission Act. Establishes the Commission with 16 members. The Commission shall "conduct a comprehensive factual study of incidents of youth violence to determine the root causes of such violence." The Commission shall issue a report in one year including its conclusions and recommendations. Authorizes the appropriation of necessary sums. Terminates the Commission 30 days after it submits its report.

Canady #95 18 U.S.C. section 1470 provides an increased penalty for the transportation and sale to minors under age 16 of obscene material, material which is illegal under 18 U.S.C. sections 1465 and 1466. This amendment to section 1470 would raise the age of minors under section 1470 from 16 to 18 years.

Capuano #3 Recognizes state and local juvenile witness assistance programs as authorized activities eligible for the bill's block grant funds.

Carson #49 Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns.

Chenoweth #107 Amends House Rules to require a two-thirds vote for the consideration of any bill that would establish a system of registration of firearms or firearm owners.

Chenoweth #108 Prohibits a federal judge from interfering, prohibiting, or limiting any voluntary school prayer in any public or private elementary or secondary school.

Chenoweth #109 Allows a cause of action for any person injured by the production or distribution of violence-inducing material to children who can demonstrate that the material was a proximate cause of his injury. Allows for recovery of actual and punitive damages, and attorney's fees.

Coburn # 170 Late. Prohibits the presentation of works of art or entertainment that includes any representation of acts of force or violence committed with a gun. Such works may not be produced on federal property, transmitted over telephone lines regulated by the Federal Communications Commission, or presented by any holder of a broadcast license from the Federal Communications Commission.

Coburn #171 Late. Applies nationally gun control laws in the District of Columbia. Prohibits the possession of firearms by persons other than police officers, bona fide security guards, members of the armed forces or National Guard, and licensed manufacturers and dealers.

Conyers #137 Amendment in the Nature of a Substitute. Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) and authorizes the Department of Justice to make grants to states and units of local government. Retains four core protections for juveniles, including the fundamental tenet of the juvenile justice system, that juvenile delinquents shall not be jailed with adult criminals; retains basic labor protections afforded state juvenile justice and youth service workers; consolidates the discretionary program for Mentoring, State Challenge Activities, Boot Camps, and the Title V Delinquency Prevention Block Grant Program into a flexible Juvenile Delinquency Prevention Block Grant Program; prohibits evasion of the Brady law by requiring background checks on all gun show transactions, enhances law enforcement's ability to trace used guns if those guns are used in crimes, and uses the existing framework of federally-licensed firearms licensees to do background checks on behalf of unlicensed sellers at gun shows; makes it unlawful for any person adjudicated as a juvenile delinquent for serious drug offenses or violent felonies to possess firearms; extends the juvenile handgun ban to include "grandfathered" assault weapons, and prohibits the sale, delivery or transfer of a handgun by a licensed manufacturer, importer or dealer unless the transferee was provided with a secure gun storage or safety device; bans the importation of all feeding devices with a capacity of more than 10 rounds of ammunition; requires thefts from common carriers to be reported, and allows federal firearms licensees to voluntarily submit business records to ATF. The title also increases penalties on gun kingpins, for the most serious recordkeeping violations committed by federal firearms licensee, for firearm conspiracy, and for knowingly transporting or possessing a firearm with an obliterated or altered serial number; requires that the National Institutes of Health conduct a study of the effects of video games and music on child development and youth violence. The study would address whether, and to what extent, video games and music (1) affect the psychological and emotional development of juveniles and (2) contribute to youth violence; authorizes $500 million under the Omnibus Crime Control and Safe Streets Act of 1968 for the "Cops on the Beat" grant program through fiscal year 2002; funds $700 million for crisis prevention counselors and anti-violence initiatives for each of the fiscal years 2000 through 2004.

Crowley #26 Bans the sale of firearms, ammunition or explosives over the Internet.

Cunningham/Gekas/Traficant #47

Allows qualified current and former law enforcement officers to carry a concealed weapon, allowing them to continue to serve our communities as safety personnel.

Cunningham #48 "Matthew's Law" directs the U.S. Sentencing Commission to increase the penalties, providing a sentencing enhancement of not less than 5 levels above the offense level, for criminals who commit violence against children under the age of 13. Allows state and local police to request assistance from the FBI when investigating the murder of a child.

Davis (IL) #81 Creates anger management and conflict resolution programs.

Davis (IL) #82 Creates a requirement of counsel before a minor can waive counsel.

Davis (VA) #164 Establishes the mandatory transfer of a secure gun storage or safety device with the transfer of any handgun from a licensed manufacturer, importer, or dealer; establishes criteria for the liability of a gun owner should his or her gun be used in an unlawful act.

DeLay #23 Amends the Federal judicial code to deny Federal courts, in a civil action regarding prison conditions, from carrying out any order that would result in the release from, or non-admission to, a prison of any person subject to incarceration.

DeLauro/Cardin/Carson/Millender-McDonald/Jackson-Lee #74

Requires federally licensed firearms dealers to provide a gun locking device when a handgun is sold or transferred. (drafted to H.R. 2037)

DeLauro/Cardin/Carson/Millender-McDonald/Jackson-Lee #75

Requires federally licensed firearms dealers to provide a gun locking device when a handgun is sold or transferred. (drafted to H.R. 1501)

DeMint #59 Ensures that students, when exercising their First Amendment right to freedom of religious expression, are not considered entities of the government and, therefore, in violation of the Establishment Clause; and ensures that each side pays its own attorney fees in cases involving student freedom of expression when challenged under the Establishment Clause.

Dingell/Oberstar/Stenholm/Tanner/Cramer/John #168

Late. Clarifies when a firearms transaction takes place; makes sure that national instant check system doesn't shut down gun shows; ensures that interstate theft of firearms is reduced by allowing dealers to transfer inventories directly in person, rather than through a common carrier; requires an enhanced penalty for using a large capacity ammunition feeding device during a crime of violence or drug trafficking crime.

Doolittle #157 Late. Provides that none of the funds authorized to be appropriated pursuant to the provisions in the bill may be used for any jurisdiction which prohibits or imposes sanctions on the use by parents of reasonable corporal punishment.

Doolittle #158 Late. Sense of the Congress that the Second Amendment protects the unalienable right of individuals to keep and use firearms to protect themselves.

Doolittle #159 Late. Requires registration of firearms.

Doolittle #160 Late. Bans the use of firearms.

Dreier #80 Expands the authorized uses of the Juvenile Accountability Block Grants created by H.R. 1501 to include pro-active programs, such as anti-gang programs, developed by law-enforcement agencies to combat juvenile crime.

Dunn/DeFazio #113 Adds to the list of allowable expenditures under the Juvenile Accountability Block Grants program, a program or policy to hold juveniles who bring firearms on school grounds. The holding period would allow these juveniles to be brought to an appropriate facility to receive guidance counseling or a mental health evaluation.

Emerson/Salmon/Kingston/Knollenberg/Wamp #18

Sense of the Congress condemning the entertainment industry for its use of pointless acts of brutality in movies, television, music, and video games.

Fletcher #84 Allows state and local education agencies to form partnerships designed to implement character education programs that reflect the values of parents, teachers, and local communities, and incorporate elements of good character, including honesty, citizenship, courage, respect, personal responsibility and trustworthiness.

Fletcher #85 Amendment to the amendment of Mr. Goodling to H.R. 1501. Allows state and local education agencies to form partnerships designed to implement character education programs that reflect the values of parents, teachers, and local communities, and incorporate elements of good character, including honesty, citizenship, courage, respect, personal responsibility and trustworthiness.

Forbes #22 Imposes severe mandatory jail terms on offenders who possess, brandish or discharge a firearm during the commission of a felony. Terms of imprisonment are 10 years for possession, 20 years for brandishing, 25 years for discharging and 30 years to life for discharging a firearm and injuring another person would be in addition to any term of imprisonment imposed by the court for the felony.

Frank #169 Late. Establishes a new Section 3 to provide for the Community of Caring Program.

Franks #100 Creates Character Education Programs in schools to combat school violence.

Franks/Pickering #101

Requires schools and libraries to install filtering or blocking technology on their computers to filter out material deemed harmful to minors, if they accept federal funds from the E-Rate (Universal Service Fund) to connect to the Internet. Requires schools and libraries (when being used my minors) to install the technology on every computer with Internet access. Leaves it up to the school or library board to determine the type of filtering technology to use.

Gallegly #32 Makes it a federal crime to create, sell, or possess depictions of animal cruelty with the intent of placing that depiction in interstate or foreign commerce for commercial gain.

Gallegly #165 Late. Makes it a federal crime to recruit persons who use interstate or foreign commerce to recruit another person to become a member of a criminal street gang.

Gejdenson #41 Directs the Secretary of Education to provide grants to institutions which provide early childhood education training programs, in order to allow them to include violence prevention training as a part of their preparation for early childhood development and education careers. Authorizes the Secretary to provide an annual amount of $15 million from FY 2000 through FY 2004.

Gekas #156 Late. Deletes language that would have required prosecution in all firearms cases referred to a U.S. Attorney and clarifies that instead "appropriate circumstances" should govern that prosecutorial decision.

Gilman #129 Strengthens the "Demo Project" by (1) making sure not to leave out children of working parents in crime prevention programs; and (2) introducing the requirement of research-based factors or activities that will allow youth to resist known high-risk behaviors that ultimately lead to crime and violence among youth.

Gilman #148 WITHDRAWN. Late. Seeks to accomplish 5 goals related to the reduction of violent crime: 1) elimination of the Convicted Offender DNA Backlog; 2)elimination of Violent Crime DNA Casework Backlog; 3) statutory language to bring the eight non-participating states in line with the FBI's CODIS system; 4) language requiring juvenile offenders convicted of violent offenses to be included in the CODIS; and 5) the authorization of a Violent Crime Casework and Offender DNA Backlog Study.

Goode #166 Late. Repeals D.C. Law 1-85, which prohibits D.C. residents from possessing a firearm, to allow D.C. residents the right to protect and defend themselves.

Goode #167 Late. Prohibits the consideration of gun registration legislation unless 2/3 of the House vote in favor of waiving the provisions of this subsection.

Goodling #154 Late. Revises the current Juvenile Justice and Delinquency Prevention Act to provides States and local governments increased flexibility in how they address issues related to juvenile crime; consolidates existing discretionary grant programs into a flexible block grant to the States to be used for prevention activities.

Goss #11 Provides 4 new federal district judges for the middle district of Florida, 3 for Arizona, and 2 for Nevada.

Green (WI) #37 Requires mandatory life imprisonment for an offender convicted of a second sex offense against a child.

Hayes #150 Late. Authorizing grants issuing funding for school systems to voluntarily include in its curriculum "character" based education for all schools wishing to teach: History of Law and the Constitution, Code of Hammurabi, and the Ten Commandments.

Hill #149 Allows school personnel to impose discipline against a child with a disability to the same extent as the discipline would be applied to children without disabilities when the child carries a weapon to school.

Holt #63 Calls on Internet service providers with more than 50,000 customers to provide Internet filtering or screening software at cost to new customers.

Hostettler #14 Clarifies that transfers of firearms between individuals, who are not licensed firearms dealers, are not subject to the National Instant Check.

Hostettler #15 Adds the element of intent to do hard to Section 922(q)(2)(A) of title 18, which prohibits a person from knowingly possessing a firearm in a school zone and also strikes exceptions to this provision.

Hunter #145 Late. Establishes the Entertainment Product Rating Commission to develop and administer a universal rating system to be applied to all mass market entertainment products including movies, videos, video games and sound recordings. Commission is made up of 13 members appointed by the President with the advice and consent of the Senate. Makes it unlawful to sell, rent or display to a minor a mass marketed entertainment product that does not adhere to the rating system established by the Commission. Makes it unlawful for a minor to purchase or rent any mass marketed entertainment product in accordance to the commission established rating system.

Hunter #146 Late. Establishes a new tort law that will hold distributors of material, that a reasonable person would consider harmful to a child, civilly liable if said material is accessed by a child and causes harm.

Hunter #147 Late. Allows a law-abiding citizens in the District of Columbia to possess a loaded handgun in their home for purposes of home and family protection.

Hutchinson #68 Makes it unlawful to transfer any firearm to a juvenile if the transferor knows or has reason to believe that the firearm will be used in a school zone or in the commission of a serious violent felony.

Hutchinson #69 Adds a new category of permissive uses for grant money authorized under the Juvenile Accountability Block Grants in the bill to allow states and localities to use funds in the bill to implement "restorative justice" programs.

Hyde #112 Prohibits the selling, loaning, sending, or exhibiting of any picture, sculpture, video game, movie, book, magazine, photograph, drawing, picture, or similar visual representation or sound recording to a minor under the age of seventeen for monetary consideration which contains explicit sexual or violent material that fails to qualify for First Amendment protection; Expresses the sense of the Congress that retail establishments engaged in the sale of sound recordings should make available for on-site review, upon the request of a person over 18, the lyrics that come packaged with any sound recording that the retail establishment offers for sale and that the retail establishment should post a conspicuous notice of the right for parents to review lyrics; requires the National Institutes of Health to conduct a study of the effects of video games and music on child development and youth violence; provides a three-year antitrust exemption to the entertainment industry to have joint discussions for the purpose of developing voluntary guidelines to alleviate the negative impact of violence, sexual content, criminal behavior, and other subjects not appropriate for children in entertainment material; authorizes the Attorney General to award $5 million annually for five years to the National Center for Neighborhood Enterprise ("National Center") for the purpose of funding direct demonstration operations and program development grants to community organizations in nine cities.

Hyde #143 Late. Bans the importation of large capacity ammunition feeding devices; that is clips, magazines and other devices that hold more than 10 rounds of ammunition.

Hyde #144 Prohibits a person who is less than 21 from purchasing, or attempting to purchase, a handgun, a semiautomatic assault weapon, ammunition, or a large capacity feeding device.

Hyde #163 It is clear that children are exposed to too much gratuitous violence and too much inhuman behavior in media. When some children are exposed to such material, they may begin to believe this type of behavior is acceptable and common. Although such exposure is not the sole cause of violent behavior by America's youth, it is clearly an issue that must be addressed. I am asking the Rules Committee to make in order to H.R. 1501 an amendment containing five sections aimed at empowering parents, protecting children, and helping to reverse the culture of violence in which our children are being raised.
The first section of the amendment, "Protecting Children From Explicit Sexual or Violent material," prohibits the selling, loaning, sending, or exhibiting of any picture, sculpture, video game, movie, book, magazine, photograph, drawing, picture, or similar visual representation or sound recording to a minor under the age of seventeen for monetary consideration which contains explicit sexual or violent material that fails to qualify for First Amendment protection. The amendment defines "sexual" and "violent" material in a manner that comports with current Supreme Court case law.
The second section of the amendment expresses the sense of the Congress that retail establishments engaged in the sale of sound recordings should make available for on-site review, upon the request of a person over 18, the lyrics that come packaged with any sound recording that the retail establishment offers for sale and that the retail establishment should post a conspicuous notice of the right for parents to review lyrics.
The third section of the amendment, "Study of Effects of Entertainment on Children," requires the National Institutes of Health to conduct a study of the effects of video games and music on child development and youth violence. The NIH is directed to address in the study whether, and to what extent, video games and music affect the emotional and psychological development of juveniles and whether violence in video games and music contributes to juvenile delinquency and youth violence.
The fourth section of the amendment provides a three-year antitrust exemption to the entertainment industry to have joint discussions for the purpose of developing voluntary guidelines to alleviate the negative impact of violence, sexual content, criminal behavior, and other subjects not appropriate for children in entertainment material.
The fifth section of the amendment, "Promoting Grassroots Solutions to Youth Violence," authorizes the Attorney General to award $5 million annually for five years to the National Center for Neighborhood Enterprise ("National Center") for the purpose of funding direct demonstration operations and program development grants to community organizations in nine cities. In awarding grants, the National Center will consider the track record of grassroots entities in youth group mediation and crime prevention; the engagement of the grassroots entity with other local organizations; and the ability of the grassroots entity to enter into partnerships with housing and law enforcement authorities as well as other public entities.

Istook #152 Late. States Congress' finding that nothing in the Constitution prevents voluntary school prayer. Declares that voluntary school prayer in public schools and extra curricular activities is not prohibited and federal law cannot be used to award legal fees to challenge this declaration.

Istook #153 Late. Requires the notification of parents before school officials provide contraceptives to students. Encourages parental involvement, and alerts parents to possible at-risk behavior.

Jackson-Lee #90 Provides for the hiring of 200 additional agents by the Bureau of Alcohol, Tobacco, and Firearms (ATF) over five years. Authorizes appropriations.

Jackson-Lee #91 Disqualifies applicants for grants under H.R. 1501 who do not restrict juveniles from entering gun shows unless they are accompanied by a parent or legal guardian.

Jackson-Lee/Carson/Millender-McDonald #92

Child Handgun Injury Prevention Act. Directs the Secretary of the Treasury to develop regulations governing the manufacture of child safety locks for firearms. Requires that such regulations, at a minimum, set forth a minimum safety statndard that such a product must meet in order to be manufactured, sold, transferred, or delivered consistent with this amendment. Authorizes the Secretary of the Treasury to issue an order: 1) prohibiting the manufacture, sale, transfer, or delivery of a product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this amendment; and 2) requiring the manufacturer of, and any dealer in, a product which the Secretary finds to violate such provision to provide notice of the risks associated with the product; to bring the product into conformity with regulations prescribed by this amendment; to repair, replace, refund the purchase price of, or recall, the product; or to submit to the Secretary a satisfactory plan for implementation of any such action. Authorizes the Secretary to enforce these provisions through inspections. Prohibits the transfer, sale, or delivery to any person any handgun without a product that fails to meet the minimum standards set for by the Secretary. Prohibits the transfer, sale, or delivery of a handgun without specified warning label, attached by a method prescribed by the Secretary. Makes exceptions for Federal, state and local governments. Authorizes the Secretary to assess civil penalties, and to revoke a Federal firearms license, under specified circumstances. Creates a private right of action for damages by persons aggrieved by a violation of this amendment. Sets forth criminal penalties for violations. Requires reporting by manufacturers, importers, and dealers to the Secretary for fatal incidents involving their products. Includes language allowing States laws to afford greater protections for children regarding handguns than is afforded by this amendment. Provides for local gun safety education programs through a grant process administered by the Attorney General. Includes provisions requiring education programs to be conducted by law enforcement agencies be on gun safety, and that they be offered at times convenient to parents.

Jackson-Lee/Carson/Millender-McDonald #93

Requires the provision of a secure gun storage or safety device in connection with the transfer of a handgun.

Kasich #172 Late. Reduces juvenile crime by providing increased funding for 501(c)(3) charitable organizations, including those which work with low-income youth. Provides for a tax credit against State income taxes of up to $250 ($500 for married couples) for contributions to 501(c)(3) charitable organizations whose primary purpose is the prevention or alleviation of poverty.

Kasich #173 Late. Reduces juvenile crime by allowing businesses to contribute the use of property to those working with youth without fear of a liability.

Kasich #174 Late. Reduces juvenile crime by expanding the role of charitable and faith-based organizations in our society.

Kasich #175 Late. Reduces juvenile crime by allowing individuals to roll assets from an IRA into a charity or a deferred charitable gift without incurring any income tax consequences.

Kelly #55 Toughens penalties against any person who takes a child, 18 years of age or younger, hostage in order to resist any officer or court in the U.S., or to compel the federal government to do or to abstain from any act.

Kelly #56 Seeks to increase the mandatory minimum penalties for individuals who possess, brandish, or discharge a firearm during the commission of a federal crime which is violent or involves drug-trafficking.

Kelly #132 Clarifies that the term "device" means something which is added to the firearm to be easily removed for the purposes of making it inoperable.

Kelly #133 Broadens the federal definition of stalking to include interstate commerce, which can include e-mail, telephone, and other forms of interstate communication as a means of stalking; broadens the intent to harm element of the current federal stalking law; expands the definition of "immediate family" of the victim; adds new provisions including bail restrictions when the accused has a prior conviction of a crime of violence; immediate protection orders at the time of sentencing that can only be removed by the victim; and increased sentencing guidelines for a defendant with a prior conviction of a crime of violence against the same victim.

Kennedy #6 Establishes a grant program for gun recovery programs that are run by local communities or states.

Klink #136 Specifies that state will only receive grants if they charge and adjudicate at least 30% of the juveniles who were suspended or expelled for possessing a gun in school.

Kucinich #40 Assists states in obtaining assistance in compiling the records of violent juveniles and establishing statewide computer systems for their records. In addition, states would have the option of making these records available to the National Crime Information Center and the FBI where they could be assessed by law enforcement officials from other states.

Kuykendall/Kelly #131

Increases federal stalking provisions and penalties to include interstate mail and e-mail and prohibits the impersonation of an individual for the purposes of causing the impersonated individual physical harm.

Latham #8 Amends the Controlled Substances Act to provide a civil remedy for victims of illegal drugs - holds any person who manufactures or distributes a controlled substance in felony violation of the Controlled Substances Act liable for any party harmed directly or indirectly, by the use of that controlled substance.

Lofgren/Meehan/DeGette #94

To ban the importation of large capacity ammunition feeding devices.

Lucas (KY) #29 Commissions a study, jointly conducted by the Federal Trade Commission and the Attorney General, or marketing practices of motion picture, recording and video/personal computer game industries to examine the extent to which these industries target the marketing of violent, sexually explicit, or other unsuitable material to minors.

McCarthy #103 Establishes and maintains, through Justice Accountability Block Grants and in consultation with the CDC, children's firearm-related injury surveillance systems that are compatible and coordinated among the states.

McCarthy/Roukema/Blagojevich #104

Extends Brady background checks to gun shows to prevent firearms from being sold to children and felons.

McIntosh #60 Prohibits depictions of gun violence in television advertisements for motion pictures and computer games which contain gun violence.

McIntosh #61 Provides limited civil litigation immunity for teachers, principals, local school board members, and other education professionals who engage in reasonable actions to maintain order, discipline, and a positive education environment in America's schools and classrooms.

McCollum #42 Authorizes four additional judgeships for the Middle District of Florida; three for the District of Arizona; and two for the District of Nevada.

McCollum #123 WITHDRAWN.Title I -Consequences For Juvenile Offenders Act of 1999

This title only makes minor and technical changes to H.R. 1501

Title II - Juvenile Justice Reform

This title exclusively addresses the already existing federal juvenile justice system (codified at Title 18, United States Code, section 5032 et. seq.) and strengthens the federal system by providing increased protection for the community and holding juveniles accountable for their actions. These reforms will help to ensure that prosecution of serious juvenile offenders who are subject to federal jurisdiction is more swift and certain, and that punishment of juvenile offenders will be commensurate with the seriousness of the crimes committed.

Section 201. Delinquency proceedings or criminal prosecutions in district courts.

This section simplifies and strengthens the antiquated federal procedures involved in proceeding against a juvenile in the federal system, and as an adult. It does so by bringing federal law into conformity with that of many states by giving prosecutors, rather than the courts, the discretion to charge a juvenile alleged to have committed certain serious felonies as an adult or as a juvenile.

Section 202. Custody prior to appearance before judicial officer.

This section contains minor changes to current law so as to clarify that the procedures applicable to the arrest of a juvenile prior to the formal filing of charges apply whether or not it is anticipated that the juvenile will be charged as a juvenile or as an adult.

Section 203. Technical and conforming amendments to section 5034.

This section makes merely technical and conforming amendments to section 5034, clarifying that it applies to juvenile proceedings only.

Section 204. Detention prior to disposition or sentencing.

Section 204 relates to the detention of juvenile offenders prior to disposition or sentencing. Specifically, it provides that juvenile offenders being prosecuted as adults but not yet convicted must be placed in a suitable juvenile facility located within, or a reasonable distance from, the district in which the juvenile is being prosecuted. In order to protect the safety of these younger offenders, the section requires that such juveniles not be detained prior to sentencing in any institution in which they have regular contact with adult prisoners.

The requirement of current law that a juvenile may not be detained prior to disposition or after conviction in any institution in which the juvenile has regular contact with adult prisoners is retained.

Section 205. Speedy trial.

This section would extend the time period within which federal juvenile delinquency proceedings must begin from 30 days to 45 days. This additional time is necessary, particularly in cases involving both adult and juvenile defendants such as in the prosecution of gangs, to protect witnesses and critical evidence by ensuring that the trial of a juvenile does not proceed before the case against the adults.

Section 206. Disposition; availability of increased detention, fines and supervised release for juvenile offenders.

Section 106 makes fines and supervised release, which are not presently sentencing options, available for adjudicated delinquents (in addition to probation and detention). This section would also increase the maximum confinement period for an adjudicated delinquent to ten years or through age 25 to give judges increased sentencing flexibility for juveniles who are adjudicated delinquent for serious offenses. The section also increases the maximum period for probation to the same period applicable to an adult, and applies the federal mandatory restitution requirement to juveniles.

Section 207. Juvenile records and fingerprinting.

This section provides that the records of juvenile proceedings are public records to the same extent that the record of adult criminal proceedings would be public, and that such records are to be made available for official purposes, including disclosure to victims and school officials. This section further provides that the fingerprints and photographs of juveniles tried as adults are to be made available to the same extent as those of adults.

Section 208. Technical amendments of section 5031 and 5034.

This section makes technical and conforming amendments to sections 5031 and 5034.

Section 209. Clerical amendments to table of sections for chapter 403.

Title III - Effective Enforcement of Federal Firearms Laws

Sec. 301. Armed criminal apprehension program.

This section requires the Justice Department to establish an "Armed Criminal Apprehension Program" in each U.S. Attorney's Office. Under the program, every U.S. Attorney would designate one or more AUSA(s) to prosecute firearms offenses and coordinate with state and local authorities for more effective enforcement.

Sec. 302. Annual reports.

This section requires the Attorney General to annually report to Congress on the results of the program.

Sec. 303. authorization of appropriations.

This section authorizes the appropriation of $50,000,000 for fiscal year 2000 to carry out the requirements of the program, including hiring BATF agents to investigate firearms offenses.

Sec. 304. Cross-designation of federal prosecutors.

This section permits U.S. Attorneys to cross-designate AUSAs in order to prosecute state firearms offenses in state courts.

Title IV - Limiting Juvenile Access To Firearms and Explosives

Section 401. Increased penalties for unlawful juvenile possession of firearms.

This section increases the maximum penalty that may be imposed on juveniles who illegally possess a firearm to one year. It also increases to five years the maximum penalty for illegal possession of a firearm with the intent to take it into a school zone, or knowing that another juvenile will take it to a school zone. It increases to 20 years the maximum penalty for illegal possession with the intent to commit a serious violent felony, or knowing that another juvenile will commit a serious violent felony.

Section 402. Increased penalties and mandatory minimum sentence for unlawful transfer to juvenile.

Section 402 increases the maximum penalty that may be imposed on adults who illegally transfer firearms to juveniles to five years. It provides for a mandatory minimum sentence of not less than 3 years and not more than 20 for an adult who illegally transfers a firearm to a juvenile knowing that a juvenile intended to take it to a school zone. It also provides for a mandatory minimum sentence of not less than 10 years and not more than 20 years for an adult who illegally transfers a firearm to a juvenile knowing that a juvenile will commit a serious violent felony.

Section 403. Prohibiting juveniles from possessing assault weapons.

Section 403 makes it a crime for juveniles to possess semiautomatic assault weapons or large capacity ammunition feeding devices.

Section 404. Prohibiting possession of explosives by juveniles and young adults.

Section 404 prohibits any person under 21 from sending, receiving, or possessing explosive materials. Under current law, the distribution of explosive materials to persons under 21 is prohibited but there is no punishment for the possession of such materials by persons under 21 nor are persons under 21 prohibited from shipping or transporting explosive materials.

Title V - Preventing Criminal Access to Firearms and Explosives

Section 501. Criminal prohibition on distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction.

This section prohibits the distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction.

Section 502. Requiring thefts from common carriers to be reported.

This section requires common carriers or contract carriers to report the theft or loss of a firearm within 48 hours after the theft or loss is discovered.

Section 503. Voluntary submission of dealer's records.

This section allows federal firearms licensees to voluntarily submit business records to ATF. Currently, if a licensee's records are more than 20 years old, the licensee may retain them or destroy them; a licensee may not transfer them to the ATF.

Section 504. Grant program for juvenile records.

Section 407 establishes a grant program to help states implement juvenile record-keeping reforms to improve the quality and accessibility of juvenile records and to ensure juvenile records are routinely available for background checks in connection with the transfer of a firearm.

Title VI -- Punishing And Deterring Criminal Use of Firearms and Explosives

Section 601. Mandatory minimum sentence for discharging a firearm in a school zone.

This section increases the penalties for the discharge of a firearm in a school zone. If a person discharges a firearm in a school zone with reckless disregard for the safety of another, this section increases the maximum punishment to 20 years imprisonment. However, if bodily injury results from the discharge, the maximum punishment is increased to 25 years. If death results from the discharge, and the person is an adult, this section allows for the imposition of the death penalty. If death results, and the person is between the ages of 16 and 18, then the maximum punishment that may be imposed is imprisonment for life.

For persons who knowingly discharge a firearm in a school zone, section 501 creates a mandatory minimum sentence of 10 years and not more than 20 years. It creates a mandatory minimum sentence of 15 years and not more than 25 years if the discharge results in serious bodily injury. If death results from the discharge of the firearm, this section requires the court to impose a punishment of life imprisonment or the death penalty if the person is 18 years of age or older, and life imprisonment if the person is between the ages of 16 and 18.

Section 602. Apprehension and procedural treatment of armed violent criminal.

This section requires Federal judges to hold a pretrial detention hearing, when requested by the Government, to determine whether a person charged with being a felon in possession of a firearm or explosive device should be granted parole prior to trial. This section also prohibits Federal judges from granting probation to any person convicted of certain gun crimes if they have previously been convicted of a violent felony or serious drug offense.

Section 603. Increased penalties for possessing or transferring stolen firearms.

Section 603 increases the maximum penalties for transporting stolen firearms in interstate commerce and for selling, receiving, or possessing stolen firearms from 10 to 15 years.

Section 604. Increased mandatory minimum penalties for using a firearm to commit a crime of violence or drug trafficking crime.

This section increases the mandatory minimum penalty for discharging a firearm on connection with a Federal crime of violence or drug trafficking crime from 10 to 12 years and establishes a mandatory minimum penalty of not less than 15 years if the firearm is used to injure another person.

Section 605. Increased penalties for misrepresenting firearms purchase in aid of a serious violent felony.

This section increases the maximum punishment from 10 to 15 years for the crime of making false statements to a licensed dealer in order to illegally obtain a firearm if the person illegally procuring the firearm knows or has reasonable cause to know that another person would carry or possess it in the commission of a serious violent felony. The section also provides for a minimum mandatory punishment of not less than 10 years and not more than 20 if the person procuring the firearm did so for a juvenile knowing or having reasonable cause to know that the juvenile would carry or possess it in the commission of a serious violent felony.

Sec. 606. Increasing penalties for drug kingpins.

Section 606 increases the penalty for engaging in the firearms business without a license (18 U.S.C. 922(a)(1)) from a maximum penalty of five years in prison to ten years. This section also directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines to provide additional prison time for section 922(a)(1) offenses when more than 50 firearms are involved in a section 922(a)(1).

Sec. 607. Serious record keeping offenses that aid gun trafficking.

This section increases the punishment for the most serious record keeping violations committed by federal firearms licensees.

Sec. 608. Termination of firearms dealer's license upon felony conviction.

This section prohibits federal firearms licensees to continue to operate their licensed businesses after a felony conviction.

Sec. 609. Increased penalty for transactions involving firearms with obliterated serial numbers.

Section 609 raises the maximum penalty for knowingly transporting, shipping, possessing or receiving a firearm with an obliterated or altered serial number (18 U.S.C. 922(k)) from five years to 10 years.

Sec. 610. Forfeiture for gun trafficking.

This section provides for the forfeiture of vehicles used to commit gun-running crimes, such as transporting stolen firearms, and for the proceeds of such offenses (18 U.S.C. 981 and 982).

Sec. 611. Increased penalty for firearms conspiracy.

This section amends the firearms chapter of Title 18 to provide that a conspiracy to commit any violation of that chapter is punishable by the same penalties that apply to the substantive offense that was the object of the conspiracy.

Sec. 612. Gun convictions as predicate crimes for armed career criminal act.

Under current law, violent felonies and serious drug offenses are the only predicate offenses under the Armed Career Criminal Act (ACCA). Section 612 adds to the list of predicate offenses in the ACCA prior convictions for violations of 18 U.S.C. 922(g)(1) of the Gun Control Act of 1968 (GCA).

Sec. 613. Serious juvenile drug trafficking offenses as armed career criminal act predicates.

This section amends the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to permit the use of an adjudication of juvenile delinquency based on a serious drug trafficking offense as a predicate offense under the ACCA.

Sec. 614. Forfeiture of firearms used in crimes of violence and felonies.

This section adds to the authority to forfeit firearms used to commit crimes of violence and all felonies to 18 U.S.C. 981 and 982. This authority is in addition to the authority already available to the Treasury under 18 U.S.C. 924(d).

Sec. 615. Separate licenses for gunsmiths.

Section 615 establishes separate licenses for firearms dealers and gunsmiths and lower the licensing fees for gunsmiths.

Sec. 616. Permits and background checks for purchases of explosives.

This section requires a criminal background check prior to the transfer of explosive materials to non-licensed purchasers by licensed dealers. Background checks would reduce the availability of explosives to felons and others prohibited from possessing explosives and to assure that explosives are stored safely. This section would also require persons obtaining explosive materials from federally-licenced explosives dealers to obtain a federal permit.

Sec. 617. Persons prohibited from receiving or possessing explosives.

This section amends the federal explosives laws to include within the categories of "prohibited persons" who may not lawfully possess explosives the same persons who are prohibited from possessing firearms under the Gun Control Act of 1968 (GCA).

Title VII - Punishing Gang Violence and Drug Trafficking to Minors

Section 701. Increased mandatory minimum penalties for using minors to distribute drugs.

This section increases from one to three years the mandatory minimum penalty that is imposed on adults convicted of using minors to distribute drugs. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 702. Increased mandatory minimum penalties for distributing drugs to minors.

This section increases from one to three years the mandatory minimum penalty that must be imposed on adults convicted of distributing drugs to minors. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 703. Increased mandatory minimum penalties for drug trafficking in or near a school or other protected location.

This section increases from one to three years the mandatory minimum penalty that must be imposed on any person convicted of distributing, possessing with the intent to distribute, or manufacturing drugs in or within 100 feet of a school zone. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 704. Criminal street gangs.

This section amends the provision in existing law that increases the punishment for certain crimes if they were committed by a person as part of a criminal street gang. The section adds several new crimes for which the increase may be applied, among them, crimes involving extortion and threats, gambling, obstruction of justice, money laundering, and alien smuggling. This section also amends the numerical requirement concerning the definition of a "criminal street gang" from five persons to three persons. The section requires persons receiving the sentence enhancement under the section to also be subject to criminal forfeiture for the proceeds of the offense and any property used to commit the offense.

Section 705. Increase in offense level for participation in crime as a gang member.

This provision requires the United States Sentencing Commission to amend the Federal Sentencing Guidelines to provide for an appropriate enhancement for any offense listed in 18 U.S.C. 521(c) if it was committed in furtherance of the activities of a criminal street gang.

Section 706. Interstate and foreign travel or transportation in aid of criminal gangs.

This section amends the current law that makes it illegal to travel or use a means of interstate commerce to distribute the proceeds of unlawful activity or to commit any crime of violence to further any unlawful activity by increasing the penalties for certain violations of the statute from 5 to 10 years. This section of the bill also amends the definition of "unlawful activity" in current law to add to it other crimes including assault with a deadly weapon, shooting at an occupied dwelling, or witness intimidation. This section also requires the United States Sentencing Commission to amend the Federal Sentencing Guidelines to provide for an appropriate enhancement to increase the recommended punishments for violations of this section.

Section 707. Gang-Related Witness Intimidation and Retaliation

Section 707 addresses the problem of gang-related witness intimidation by establishing a federal offense for traveling in interstate or foreign commerce with the intent to delay or influence the testimony of a witness in a State criminal proceeding by bribery, force, intimidation, or threat directed against any person, and then engaging or attempting to engage in such conduct. This section provides a sentence of imprisonment of up to 10 years, or both. The section provides, however, that if the offense results in serious bodily injury, the term of imprisonment may be up to 20 years. The section further provides, however, that if the offense results in death, the term of imprisonment may be for any term of years or for life, or the sentence may be death.

This section also establishes enhanced conspiracy penalties for obstruction of justice offenses involving victims, witnesses, and informants.

Section 707 also directs the Attorney General to survey all State and selected local witness protection and relocation programs to determine the extent and nature of such programs and the training needs of those programs. It further directs the Attorney General to use the results of the survey to make training available to State and local law enforcement agencies to assist them in developing and managing witness protection and relocation programs.

Additionally, the section promotes coordination among jurisdictions when a witness is relocated interstate, by directing the Attorney General to establish a model Memorandum of Understanding which ensures coordination among State and local witness interstate relocation programs. Finally, section 707 ensures that funding pursuant to the Byrne grant program can be used by recipients to develop and maintain witness security and relocation programs, including training of personnel in the effective management of such programs. It does so by explicitly adding such a use of funds to the list of allowable uses.

McCollum #162

Title I -Consequences For Juvenile Offenders Act of 1999

This title only makes minor and technical changes to H.R. 1501

Title II - Juvenile Justice Reform

This title exclusively addresses the already existing federal juvenile justice system (codified at Title 18, United States Code, section 5032 et. seq.) and strengthens the federal system by providing increased protection for the community and holding juveniles accountable for their actions. These reforms will help to ensure that prosecution of serious juvenile offenders who are subject to federal jurisdiction is more swift and certain, and that punishment of juvenile offenders will be commensurate with the seriousness of the crimes committed.

Section 201. Delinquency proceedings or criminal prosecutions in district courts.

This section simplifies and strengthens the antiquated federal procedures involved in proceeding against a juvenile in the federal system, and as an adult. It does so by bringing federal law into conformity with that of many states by giving prosecutors, rather than the courts, the discretion to charge a juvenile alleged to have committed certain serious felonies as an adult or as a juvenile.

Section 202. Custody prior to appearance before judicial officer.

This section contains minor changes to current law so as to clarify that the procedures applicable to the arrest of a juvenile prior to the formal filing of charges apply whether or not it is anticipated that the juvenile will be charged as a juvenile or as an adult.

Section 203. Technical and conforming amendments to section 5034.

This section makes merely technical and conforming amendments to section 5034, clarifying that it applies to juvenile proceedings only.

Section 204. Detention prior to disposition or sentencing.

Section 204 relates to the detention of juvenile offenders prior to disposition or sentencing. Specifically, it provides that juvenile offenders being prosecuted as adults but not yet convicted must be placed in a suitable juvenile facility located within, or a reasonable distance from, the district in which the juvenile is being prosecuted. In order to protect the safety of these younger offenders, the section requires that such juveniles not be detained prior to sentencing in any institution in which they have regular contact with adult prisoners.

The requirement of current law that a juvenile may not be detained prior to disposition or after conviction in any institution in which the juvenile has regular contact with adult prisoners is retained.

Section 205. Speedy trial.

This section would extend the time period within which federal juvenile delinquency proceedings must begin from 30 days to 45 days. This additional time is necessary, particularly in cases involving both adult and juvenile defendants such as in the prosecution of gangs, to protect witnesses and critical evidence by ensuring that the trial of a juvenile does not proceed before the case against the adults.

Section 206. Disposition; availability of increased detention, fines and supervised release for juvenile offenders.

Section 106 makes fines and supervised release, which are not presently sentencing options, available for adjudicated delinquents (in addition to probation and detention). This section would also increase the maximum confinement period for an adjudicated delinquent to ten years or through age 25 to give judges increased sentencing flexibility for juveniles who are adjudicated delinquent for serious offenses. The section also increases the maximum period for probation to the same period applicable to an adult, and applies the federal mandatory restitution requirement to juveniles.

Section 207. Juvenile records and fingerprinting.

This section provides that the records of juvenile proceedings are public records to the same extent that the record of adult criminal proceedings would be public, and that such records are to be made available for official purposes, including disclosure to victims and school officials. This section further provides that the fingerprints and photographs of juveniles tried as adults are to be made available to the same extent as those of adults.

Section 208. Technical amendments of section 5031 and 5034.

This section makes technical and conforming amendments to sections 5031 and 5034.

Section 209. Clerical amendments to table of sections for chapter 403.

Title III - Effective Enforcement of Federal Firearms Laws

Sec. 301. Armed criminal apprehension program.

This section requires the Justice Department to establish an "Armed Criminal Apprehension Program" in each U.S. Attorney's Office. Under the program, every U.S. Attorney would designate one or more AUSA(s) to prosecute firearms offenses and coordinate with state and local authorities for more effective enforcement.

Sec. 302. Annual reports.

This section requires the Attorney General to annually report to Congress on the results of the program.

Sec. 303. authorization of appropriations.

This section authorizes the appropriation of $50,000,000 for fiscal year 2000 to carry out the requirements of the program, including hiring BATF agents to investigate firearms offenses.

Sec. 304. Cross-designation of federal prosecutors.

This section permits U.S. Attorneys to cross-designate AUSAs in order to prosecute state firearms offenses in state courts.

Title IV - Limiting Juvenile Access To Firearms and Explosives

Section 401. Increased penalties for unlawful juvenile possession of firearms.

This section increases the maximum penalty that may be imposed on juveniles who illegally possess a firearm to one year. It also increases to five years the maximum penalty for illegal possession of a firearm with the intent to take it into a school zone, or knowing that another juvenile will take it to a school zone. It increases to 20 years the maximum penalty for illegal possession with the intent to commit a serious violent felony, or knowing that another juvenile will commit a serious violent felony.

Section 402. Increased penalties and mandatory minimum sentence for unlawful transfer to juvenile.

Section 402 increases the maximum penalty that may be imposed on adults who illegally transfer firearms to juveniles to five years. It provides for a mandatory minimum sentence of not less than 3 years and not more than 20 for an adult who illegally transfers a firearm to a juvenile knowing that a juvenile intended to take it to a school zone. It also provides for a mandatory minimum sentence of not less than 10 years and not more than 20 years for an adult who illegally transfers a firearm to a juvenile knowing that a juvenile will commit a serious violent felony.

Section 403. Prohibiting possession of explosives by juveniles and young adults.

Section 404 prohibits any person under 21 from sending, receiving, or possessing explosive materials. Under current law, the distribution of explosive materials to persons under 21 is prohibited but there is no punishment for the possession of such materials by persons under 21 nor are persons under 21 prohibited from shipping or transporting explosive materials.

Title V - Preventing Criminal Access to Firearms and Explosives

Section 501. Criminal prohibition on distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction.

This section prohibits the distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction.

Section 502. Requiring thefts from common carriers to be reported.

This section requires common carriers or contract carriers to report the theft or loss of a firearm within 48 hours after the theft or loss is discovered.

Section 503. Voluntary submission of dealer's records.

This section allows federal firearms licensees to voluntarily submit business records to ATF. Currently, if a licensee's records are more than 20 years old, the licensee may retain them or destroy them; a licensee may not transfer them to the ATF.

Section 504. Grant program for juvenile records.

Section 407 establishes a grant program to help states implement juvenile record-keeping reforms to improve the quality and accessibility of juvenile records and to ensure juvenile records are routinely available for background checks in connection with the transfer of a firearm.

Title VI -- Punishing And Deterring Criminal Use of Firearms and Explosives

Section 601. Mandatory minimum sentence for discharging a firearm in a school zone.

This section increases the penalties for the discharge of a firearm in a school zone. If a person discharges a firearm in a school zone with reckless disregard for the safety of another, this section increases the maximum punishment to 20 years imprisonment. However, if bodily injury results from the discharge, the maximum punishment is increased to 25 years. If death results from the discharge, and the person is an adult, this section allows for the imposition of the death penalty. If death results, and the person is between the ages of 16 and 18, then the maximum punishment that may be imposed is imprisonment for life.

For persons who knowingly discharge a firearm in a school zone, section 501 creates a mandatory minimum sentence of 10 years and not more than 20 years. It creates a mandatory minimum sentence of 15 years and not more than 25 years if the discharge results in serious bodily injury. If death results from the discharge of the firearm, this section requires the court to impose a punishment of life imprisonment or the death penalty if the person is 18 years of age or older, and life imprisonment if the person is between the ages of 16 and 18.

Section 602. Apprehension and procedural treatment of armed violent criminal.

This section requires Federal judges to hold a pretrial detention hearing, when requested by the Government, to determine whether a person charged with being a felon in possession of a firearm or explosive device should be granted parole prior to trial. This section also prohibits Federal judges from granting probation to any person convicted of certain gun crimes if they have previously been convicted of a violent felony or serious drug offense.

Section 603. Increased penalties for possessing or transferring stolen firearms.

Section 603 increases the maximum penalties for transporting stolen firearms in interstate commerce and for selling, receiving, or possessing stolen firearms from 10 to 15 years.

Section 604. Increased mandatory minimum penalties for using a firearm to commit a crime of violence or drug trafficking crime.

This section increases the mandatory minimum penalty for discharging a firearm on connection with a Federal crime of violence or drug trafficking crime from 10 to 12 years and establishes a mandatory minimum penalty of not less than 15 years if the firearm is used to injure another person.

Section 605. Increased penalties for misrepresenting firearms purchase in aid of a serious violent felony.

This section increases the maximum punishment from 10 to 15 years for the crime of making false statements to a licensed dealer in order to illegally obtain a firearm if the person illegally procuring the firearm knows or has reasonable cause to know that another person would carry or possess it in the commission of a serious violent felony. The section also provides for a minimum mandatory punishment of not less than 10 years and not more than 20 if the person procuring the firearm did so for a juvenile knowing or having reasonable cause to know that the juvenile would carry or possess it in the commission of a serious violent felony.

Sec. 606. Increasing penalties for drug kingpins.

Section 606 increases the penalty for engaging in the firearms business without a license (18 U.S.C. 922(a)(1)) from a maximum penalty of five years in prison to ten years. This section also directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines to provide additional prison time for section 922(a)(1) offenses when more than 50 firearms are involved in a section 922(a)(1).

Sec. 607. Serious record keeping offenses that aid gun trafficking.

This section increases the punishment for the most serious record keeping violations committed by federal firearms licensees.

Sec. 608. Termination of firearms dealer's license upon felony conviction.

This section prohibits federal firearms licensees to continue to operate their licensed businesses after a felony conviction.

Sec. 609. Increased penalty for transactions involving firearms with obliterated serial numbers.

Section 609 raises the maximum penalty for knowingly transporting, shipping, possessing or receiving a firearm with an obliterated or altered serial number (18 U.S.C. 922(k)) from five years to 10 years.

Sec. 610. Forfeiture for gun trafficking.

This section provides for the forfeiture of vehicles used to commit gun-running crimes, such as transporting stolen firearms, and for the proceeds of such offenses (18 U.S.C. 981 and 982).

Sec. 611. Increased penalty for firearms conspiracy.

This section amends the firearms chapter of Title 18 to provide that a conspiracy to commit any violation of that chapter is punishable by the same penalties that apply to the substantive offense that was the object of the conspiracy.

Sec. 612. Gun convictions as predicate crimes for armed career criminal act.

Under current law, violent felonies and serious drug offenses are the only predicate offenses under the Armed Career Criminal Act (ACCA). Section 612 adds to the list of predicate offenses in the ACCA prior convictions for violations of 18 U.S.C. 922(g)(1) of the Gun Control Act of 1968 (GCA).

Sec. 613. Serious juvenile drug trafficking offenses as armed career criminal act predicates.

This section amends the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to permit the use of an adjudication of juvenile delinquency based on a serious drug trafficking offense as a predicate offense under the ACCA.

Sec. 614. Forfeiture of firearms used in crimes of violence and felonies.

This section adds to the authority to forfeit firearms used to commit crimes of violence and all felonies to 18 U.S.C. 981 and 982. This authority is in addition to the authority already available to the Treasury under 18 U.S.C. 924(d).

Sec. 615. Separate licenses for gunsmiths.

Section 615 establishes separate licenses for firearms dealers and gunsmiths and lower the licensing fees for gunsmiths.

Sec. 616. Permits and background checks for purchases of explosives.

This section requires a criminal background check prior to the transfer of explosive materials to non-licensed purchasers by licensed dealers. Background checks would reduce the availability of explosives to felons and others prohibited from possessing explosives and to assure that explosives are stored safely. This section would also require persons obtaining explosive materials from federally-licenced explosives dealers to obtain a federal permit.

Sec. 617. Persons prohibited from receiving or possessing explosives.

This section amends the federal explosives laws to include within the categories of "prohibited persons" who may not lawfully possess explosives the same persons who are prohibited from possessing firearms under the Gun Control Act of 1968 (GCA).

Title VII - Punishing Gang Violence and Drug Trafficking to Minors

Section 701. Increased mandatory minimum penalties for using minors to distribute drugs. This section increases from one to three years the mandatory minimum penalty that is imposed on adults convicted of using minors to distribute drugs. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 702. Increased mandatory minimum penalties for distributing drugs to minors.

This section increases from one to three years the mandatory minimum penalty that must be imposed on adults convicted of distributing drugs to minors. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 703. Increased mandatory minimum penalties for drug trafficking in or near a school or other protected location.

This section increases from one to three years the mandatory minimum penalty that must be imposed on any person convicted of distributing, possessing with the intent to distribute, or manufacturing drugs in or within 100 feet of a school zone. It also increases from one to five years the mandatory minimum penalty for subsequent violations of that section.

Section 704. Criminal street gangs.

This section amends the provision in existing law that increases the punishment for certain crimes if they were committed by a person as part of a criminal street gang. The section adds several new crimes for which the increase may be applied, among them, crimes involving extortion and threats, gambling, obstruction of justice, money laundering, and alien smuggling. This section also amends the numerical requirement concerning the definition of a "criminal street gang" from five persons to three persons. The section requires persons receiving the sentence enhancement under the section to also be subject to criminal forfeiture for the proceeds of the offense and any property used to commit the offense.

Section 705. Increase in offense level for participation in crime as a gang member.

This provision requires the United States Sentencing Commission to amend the Federal Sentencing Guidelines to provide for an appropriate enhancement for any offense listed in 18 U.S.C. 521(c) if it was committed in furtherance of the activities of a criminal street gang.

Section 706. Interstate and foreign travel or transportation in aid of criminal gangs.

This section amends the current law that makes it illegal to travel or use a means of interstate commerce to distribute the proceeds of unlawful activity or to commit any crime of violence to further any unlawful activity by increasing the penalties for certain violations of the statute from 5 to 10 years. This section of the bill also amends the definition of "unlawful activity" in current law to add to it other crimes including assault with a deadly weapon, shooting at an occupied dwelling, or witness intimidation. This section also requires the United States Sentencing Commission to amend the Federal Sentencing Guidelines to provide for an appropriate enhancement to increase the recommended punishments for violations of this section.

Section 707. Gang-Related Witness Intimidation and Retaliation

Section 707 addresses the problem of gang-related witness intimidation by establishing a federal offense for traveling in interstate or foreign commerce with the intent to delay or influence the testimony of a witness in a State criminal proceeding by bribery, force, intimidation, or threat directed against any person, and then engaging or attempting to engage in such conduct. This section provides a sentence of imprisonment of up to 10 years, or both. The section provides, however, that if the offense results in serious bodily injury, the term of imprisonment may be up to 20 years. The section further provides, however, that if the offense results in death, the term of imprisonment may be for any term of years or for life, or the sentence may be death.

This section also establishes enhanced conspiracy penalties for obstruction of justice offenses involving victims, witnesses, and informants.

Section 707 also directs the Attorney General to survey all State and selected local witness protection and relocation programs to determine the extent and nature of such programs and the training needs of those programs. It further directs the Attorney General to use the results of the survey to make training available to State and local law enforcement agencies to assist them in developing and managing witness protection and relocation programs.

Additionally, the section promotes coordination among jurisdictions when a witness is relocated interstate, by directing the Attorney General to establish a model Memorandum of Understanding which ensures coordination among State and local witness interstate relocation programs. Finally, section 707 ensures that funding pursuant to the Byrne grant program can be used by recipients to develop and maintain witness security and relocation programs, including training of personnel in the effective management of such programs. It does so by explicitly adding such a use of funds to the list of allowable uses.

Maloney (CT) #53 Allows jurisdictions to meet individual law enforcement agency needs under COPS in Schools grant program by permitting communities to use School Resource Officers as supplement for other community law enforcement duties if school is not in session.

Maloney (CT) #54 Establishes a national clearinghouse under the U.S. Department of Justice to provide information to local educational and law enforcement agencies on existing School Resource Officer programs and School Resource Officer training models around the country.

Maloney (NY) #118 Amendment to the McCollum amendment. Strikes certain provisions of the McCollum amendment regarding the definition of "secure gun storage and safety device." Removes language from the amendment which expands the definition of "safety device" to include any device which "if removed, will prevent the discharge of the firearm."

Maloney (NY) #119 Amendment to the McCollum amendment. Strikes certain provisions of the McCollum amendment regarding the definition of "secure gun storage and safety device." Removes language from the amendment which expands the definition of "safety device" to include any device which "if removed, will prevent the discharge of the firearm," as well as "a removable hammer or striker."

Markey/Barrett(WI)/Roukema #30

Commissions a study of the firearms industry's marketing practices towards juveniles.

Markey/Burton #73 Requires the Surgeon General to provide the country with a new Surgeon General's report that reflects our contemporary crisis, that takes into account both the promise and problems of interactive media, and that makes findings, and recommendations regarding how to combat the sickness of violence and to rebuild our national spirit.

Meehan #50 Provides that the Secretary of Treasury shall expand to 75 the number of cities and counties with law enforcement agencies that submit and share identifying information about crime guns through the Youth Gun Crime Interdiction Initiative (YCGII). Requires the Secretary to provide an annual report on the types and sources of recovered crime guns and the number of investigations associated with the YCGII.

Menendez/Bonior/Frost #33

Extends the COPS program for 20,000 new officers of which half of those hired would be school safety officers.

Menendez/Bonior/Frost #34

Authorizes $900 million to fund grants for non-profit after-school programs.

Menendez/Bonior/Frost #35

Directs the Attorney General in cooperation with the Department of Education to develop a model violence prevention program and establish a clearinghouse of anti-school violence information.

Menendez/Bonior/Frost #36

Directs the Secretary of Education to provide grants to local education agencies to hire a total of 50,000 crisis prevention counselors; provides grants to fund other security measures at school including community partnership programs, metal detectors, and security guards.

Millender-McDonald #86

Prohibits the shipment and delivery of alcohol to minors by: 1) requiring the sender/shipper placing packages for shipment in interstate commerce that contains any alcoholic beverage place a label on the package in accordance with the regulations prescribed by the Secretary; 2) requires that packages containing alcoholic beverages of any kind be accompanied by documentation showing the full legal name and address of the sender/shipper; 3) requires age verification prior to shipment; 4) requires adult signature upon delivery; and 5) levies fines for violating the provisions of the Act.

Millender-McDonald #87

Adds new provisions that require safety locks and warnings on handguns, as well as education for the safe storage of handguns by: 1) defining what a locking device is and providing for locking devices and warnings on handguns and penalties related to locking devices and warnings; 2) establishes general authority for the Secretary of the Treasury to prescribe regulations governing trigger locks; 3) allows the Secretary of the Treasury to issue an order and/or inspections regarding a trigger lock device which is in violation of this law; 4) allows the Secretary of the Treasury to assess civil penalties and/or criminal penalties for violation of a provision of this law; and 5) takes 2% of the firearms tax revenue and uses it for public education on the safe storage and use of firearms.

Mink/Stupak #78 Authorizes the hiring of counselors as part of the block grant program.

Nadler #65 Expands the definition of semiautomatic assault weapon for the purposes of prohibiting the importation of certain weapons which are clearly semiautomatic assault weapons, but which have taken advantage of obscure technical loopholes in the law to circumvent existing restrictions.

Nadler #66 Modifies the definition of "firearm" in the criminal code to include the following key parts: a barrel, stock or any part of the action.

Nethercutt #4 Directs the U.S. Sentencing Commission to amend the Sentencing Guidelines to provide a penalty enhancement for the commission of a drug offense in the presence of a minor.

Norwood #72 Amends the Individuals with Disabilities Education Act to authorize school personnel to discipline students with disabilities who have weapons or illegal drugs in the same manner as school personnel would discipline students without disabilities.

Norwood #83 Provides that a person shall not be liable for conduct in violation of firearms laws that is in the nature of self-defense.

Nussle #24 Amends the Individuals with Disabilities Education Act to allow State educational agencies and local educational agencies to establish and implement uniform policies with respect to discipline and order applicable to all children within their jurisdiction to ensure safety and an appropriate educational atmosphere in the their schools.

Obey #71 Authorizes five major initiatives designed to make our schools safer, prevent tragic incidents of school violence, and improve mental health and education services to troubled children and youth who are at risk of committing violent acts in schools.

Pascrell/Weiner/Delahunt/Maloney #45

Requires that gun manufacturers develop a "smart" gun, or a "personalized" gun within five years of enactment of the Act, incorporating technology to allow operation only by authorized users. Provides that the requirement be dropped if the National Institute of Justice reports to Congress within three years that the technology will not exist to support it.

Payne #106 Concentrates on Primary Prevention methods, designed to prevent juvenile crime before it is committed, by requiring an equal allotment of H.R. 1150's Delinquency Prevention Block Grant for activities for at-risk youth who have not committed a delinquent or criminal act.

Petri #110 States that no provision of federal law, including privacy laws, may be construed to prohibit any mental health professional from providing to a school principal information on a student determined to pose a threat of deadly violence. If a principal makes such a determination, he or she may secure the safety of the school by requiring expulsion, mandatory health evaluation or counseling sessions, locker searches, parental and law enforcement notification, or other measures deemed necessary.

Porter #102 Creates a mandatory 72 hour waiting period for handgun purchases unless the buyer presents a written statement from the local chief law enforcement officer stating that the individual needs a gun immediately because of a threat to his or her life, or the buyer lives in a state that has a licensing requirement. Requires that all Brady forms be sent to the chief law enforcement officer in the buyer's area of residence, giving local police the opportunity to screen handgun purchasers to determine whether local records indicate that the buyer is a prohibited purchaser.

Pryce #70 WITHDRAWN Permits state and local officials to use Byrne law enforcement grants for child abuse prevention; permits an adjustment in the set aside in the Crime Victims Fund - all of which comes from forfeited assets, forfeited bail bonds, and fines paid to the government (not taxpayer dollars) - for Children's Justice Act grants, which are used by states to improve the handling of child abuse and neglect cases, particularly sex abuse and exploitation cases; and allows existing grant funds to be used by states to (a) help provide child protective services workers access to criminal conviction records and (b) provide law enforcement instant and timely access to court child custody, visitation, protection, guardianship, or stay away orders.

Quinn #51 Requires a federal permit with fingerprints and a photograph for the purchase of high explosives, blasting agents, detonators, and quantities of black powder in excess of 50 pounds.

Quinn #155 Late. Adds a "Parenting as Prevention" provision to the bill which would establish national and regional centers for developing knowledge on the best practices in treating children who witness or experience violence.

Radanovich/Thompson #114

Provides an effective enforcement mechanism under federal law to prevent the shipment of alcoholic beverages through interstate commerce to persons that have not yet reached the lawful drinking age.

Roemer #77 Adds an additional allowable activity to the Juvenile Delinquency Prevention Block Grant to support projects that are geared towards improving school security, including the placement and use of metal detectors.

Rogan #31 Requires any school accepting Federal education funds under the Elementary and Secondary Education Act to adopt a "zero tolerance" policy regarding the possession of felonious quantities drugs (amounts determined to be for the purpose of distribution) at school requiring the expulsion for one year of any student caught, in possession of a felonious quantity of drugs.

Rogan #111 Prohibits persons who commit "violent acts of juvenile delinquency" from possessing firearms as adults.

Rothman #16 Allows states and units of local government to use grant money to purchase or lease metal detectors for their public elementary and secondary schools.

Rothman #17 Requires the Director of the Bureau of Alcohol, Tobacco and Firearms to promulgate rules setting safety and security standards for the storage of guns and ammunition at gun shops. Federal gun licensees will have to meet these safety and security standards to receive and maintain a federal gun dealer license.

Roukema #105 Requires that states provide mental health services to juveniles in the juvenile justice system at some point in time.

Rush/Lowey/Crowley #134

Regulates the unlicensed selling and unlicensed buying of firearms over the Internet.

Salmon/Weldon(PA)/Smith(WA) #7

Aimee's Law. Provides additional funding to states that convict a murderer, rapist, or child molester, if that criminal had previously been convicted of one of those same crimes in a different state.

Scarborough #27 Allows States to seek an injunction in Federal court to prevent the illegal interstate shipment of alcohol in violation of state law.

Schaeffer #21 Requires a comprehensive GAO study of the effectiveness of juvenile justice prevention programs and an affirmative reauthorization date whereby Congress can make reforms based on the recommendations. For programs deemed ineffective, the amendment provides a sunset date and wind down period.

Scott #38 Strikes Title I.

Sessions #52 Ensures that guns pawned for more than a year are not returned until the owner passes a check by the National Instant Check System.

Shadegg #96 Clarifies the definition of a safety device as an external device, not including ammunition, specifically designed such that when it is removed, will prevent the discharge of the firearm.

Shadegg #97 Allows state and local education agencies to establish and implement uniform policies with respect to discipline for all children within its jurisdiction.

Shadegg #98 Clarifies the definition of a safety device as an external device, not including ammunition, specifically designed to prevent the operation of a firearm by anyone not having access to the device.

Shadegg #99 Clarifies the definition of a safety device by striking subparagraph (C) of subparagraph (d) of Section 301.

Shadegg #161 Late. Changes discipline policies for IDEA students by allowing such students who possess or acquire firearms, guns, or drugs in school to be disciplined in the same manner as non-special education students, and allowing schools to choose not to continue providing educational services after an IDEA student is expelled, as long as this is consistent with state law.

Slaughter #39 Redirects Juvenile Justice funds to ensure that 50% of all funds are spent on after school crime prevention programs. Grants would be offered on a matching basis to public and private agencies that conduct after school crime prevention programs in high crime neighborhoods and areas with significant numbers of at-risk youth.

Souder #12 Prohibits the Office of Juvenile Justice and Delinquency Prevention (OJJDP) from producing literature, curriculum, etc., which "undermines or denigrates" the religious beliefs of any juvenile or adult in programs authorized in the bill.

Souder/English #13 Expands the principle of nondiscrimination against faith-based organizations that desire to compete to provide services consistent with the goals of juvenile justice programs.

Stabenow #130 Establishes a national center to respond to school violence in our local communities and to help with youth violence prevention. Stearns #88 Establishes a set of Congressional findings in regards to enforcement. Notes that with thousands of current Federal, State, and Local firearms laws in existence, there have been very few prosecutions under those laws. Notes that programs such as Project-Exile have reduced homicide rates. States that enhanced punishment and aggressive prosecution are key to deter gun violence.

Stearns #135 Conditions the receiving of funds under the grant program described in the bill that States must have a law, or implement a law which requires local education agencies to expel for not less that one year any student found in possession of a firearm, illegal drugs, or illegal drug paraphernalia. Stupak #1 Criminalizes the use of body armor in conjunction with another crime; prohibits the purchase or possession of body armor by violent felons; and enables Federal agencies to donate surplus body armor to local law enforcement officers.

Stupak #19 Allows States to create and operate confidential, toll-free telephone hotlines that operate 24 hours a day, seven days a week in order to provide students, parents, school officials and others the opportunity to report specific threats of imminent school violence to appropriate State and Local law enforcement entities.

Stupak #20 Schedules the date rape drugs GHB and Ketamine as Schedule III of the Control Substances Act; increases penalties for possession of GHB or Ketamine to Schedule I penalties; and requires Attorney General to establish education programs for high school and college students about the dangers of date rape drugs.

Sweeney #115 Prohibits law enforcement agencies from imposing a waiting period before accepting reports of missing children less than 21 years of age.

Sweeney #116 Denies federal assistance to states which fail to take action against violent students. Requires that local educational agencies expel from school, for a period of not less than two months, any student who is convicted of a crime of violence.

Talent #117 Allows schools to discipline, including suspend or expell IDEA students for possession of a gun or firearm in the same manner they would punish any other student.

Tancredo #9 Declares that a fitting memorial on public school campuses may contain religious speech without violating the U.S. Constitution.

Tancredo #10 Declares that public schools receiving Federal assistance must notify parents of the availability of the Department of Education's publication "Religious Expression in Public Schools: A Statement of Principles."

Tauscher #58 Allows funds distributed under the Juvenile Accountability Block Grants program to be used to establish accountability-based after school programs for juveniles, run by a community-based organization, law enforcement agency, nonprofit private organization, unit of local government, or social service provider, that encourage law-abiding conduct, reduce the incidence of criminal activity, and teach alternatives to crime.

Tiahrt #5 Adds a child protection title to the bill to prohibit the performance of partial birth abortions, except to save the life of the mother.

Traficant #57 Provides that if a state does not have a law which suspends, until age 21, the drivers license of a juvenile who illegally possesses or commits a crime with a firearm, then that state shall lose 25% of its juvenile justice funding under the bill.

Udall (NM) #64 Creates one new Assistant U.S. Attorney position for each of the 93 judicial districts to prosecute federal firearms offenses - authorizes at $8.3 million per year for 4 years to fund this effort.

Wamp/Stupak #46 Establishes a standardized product violence labeling system for interactive video games, video programs, motion pictures, and music, in order to inform consumers of the nature, context, intensity of violent content, and age appropriateness of such products. Bans the domestic sale or commercial distribution of unlabeled products after one year. Requires retailers to enforce age restrictions on such products, subject to a fine of up to $10,000.

Waters #124 Requires that states receiving funds under Section 20103 of the Violent Crime Control and Law Enforcement Act of 1994 or a Truth-In-Sentencing grant have a law that requires parents to keep firearms in a locked container.

Waters #125 Requires that any person sponsoring a gun show be registered with the Secretary and requires that minors at licensed gun shows be accompanied by a parent or legal guardian.

Waters #126 Requires that licensed dealers post locked containers notices at their place of business and provide to individuals purchasing firearms a written notice of proper, safe storage.

Waters #127 Allows grassroots entities to apply for grants on a competitive basis and specifies that such entities specify goals in the application.

Waters #128 Strikes the mandatory-minimum provisions contained in H.R. 2037 and strikes the two-strikes-you're-out language and the anti-probationary language in the bill to restore judicial discretion in the sentencing of juvenile offenders.

Wexler/Nadler/Moran (VA) #2

Addresses "straw purchasers" who buy handguns for criminals and juveniles by limiting handgun purchases to one per month; provides exceptions for security companies, transfers to family members, etc.

Wilson #43 Makes grant money available for promoting or developing partnerships with established mentoring programs to provide mentors for violent and non-violent juvenile offenders.

Wilson #44 Makes grant money available to state and local agencies for the purpose of partnering with schools to develop programs often known as "Character Counts," which educate students about the character elements citizenship, caring, fairness, respect, responsibility, and trustworthiness.

Wilson #79 Establishes a school security technology center at Sandia National Laboratory in New Mexico to assist schools and administrators in evaluating security technology and non technical measures to promote school security. The bill authorizes $11 million over the next 3 years for operation of the center. The center will also serve as an information source for schools, administrators, parent-teacher associations, and community groups to improve school security.

Wise #28 Specifies that the Juvenile Accountability Block Grants can be used for supporting a confidential toll-free school safety hotline and training of personnel to operate the hotlines.

* Summaries derived from information submitted by the amendment sponsors.