In the nature of a substitute.

TEXT OF AMENDMENTS

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

At the end of the bill add the following:

SEC. 9. FAIRNESS DOCTRINE PROHIBITED.

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

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

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commonly referred to as the `Fairness Doctrine', as repealed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

SA 574. Mr. KYL proposed an amendment to the bill S. 160, to provide
the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; as follows:

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

SEC. 8. JUDICIAL REVIEW.

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

SA 575. Mr. ENSIGN (for himself, Mr. Vitter, Mr. Coburn, Mr. DeMint,
Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe,
Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. Isakson, Mr. Crapo, Mr.
Cornyn, Mr. Brownback, Mr. Corker, Mr. Martinez, Ms. Murkowski, Mr.
Graham, and Mr. Roberts) proposed an amendment to the bill S. 160, to
provide the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; as follows:

At the appropriate place, insert the following:

TITLE __--SECOND AMENDMENT ENFORCEMENT ACT

SEC. _01. SHORT TITLE.

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

SEC. _02. CONGRESSIONAL FINDINGS.

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

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

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

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

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

[[Page S2491]]

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

SEC. _05. REPEAL REGISTRATION REQUIREMENT.

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

SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

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

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

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

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

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

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

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

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

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

SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

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

SEC. _12. SEVERABILITY.

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

SA 576. Mr. COBURN (for himself and Mr. Inhofe) proposed an amendment
to amendment SA 575 proposed by Mr. Ensign (for himself, Mr. Vitter,
Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley,
Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr.
Isakson, Mr. Crapo, Mr. Cornyn, Mr. Brownback, Mr. Corker, Mr.
Martinez, Ms. Murkowski, Mr. Graham, and Mr. Roberts) to the bill s.
160, to provide the District of Columbia a voting seat and the State of
Utah an additional seat in the House of Representatives; as follows:

Strike all after the first word and insert the following:

SECOND AMENDMENT ENFORCEMENT ACT

SEC. _01. SHORT TITLE.

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

SEC. _02. CONGRESSIONAL FINDINGS.

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

[[Page S2492]]

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

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

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

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

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

SEC. _05. REPEAL REGISTRATION REQUIREMENT.

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

SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

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

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

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

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

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

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

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

[[Page S2493]]

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

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

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

SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

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

SEC. _12. SEVERABILITY.

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

SEC. 13. EFFECTIVE DATE.

This Act shall take effect 1 day after the date of
enactment of this Act.
______

SA 577. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

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

Due to the unique status of the District of Columbia,
created by the Constitution of the United States, bona fide
residents of the District shall, notwithstanding any other
provision of law, be exempt from the individual Federal
income tax for taxable years beginning after the date of the
enactment of this Act.
______

SA 578. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

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

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

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

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

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

(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
______

SA 579. Mr. THUNE (for himself, Mr. Vitter, Mr. Grassley, Mr. Wicker,
Mr. Coburn, Mr. DeMint, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Risch,
Mr. Crapo, and Mr. Webb) proposed an amendment to the bill S. 160, to
provide the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; as follows:

At the appropriate place, insert the following:

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

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

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

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

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

(c) Severability.--If any other provision of this Act,
another amendment made by this Act, or the application of
such provision or amendment to any person or circumstance is
held to be unconstitutional, this section and the application
of the provisions of such to any person or circumstance shall
not be affected thereby.
(d) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.
______

SA 580. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

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

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

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

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

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

(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
______

SA 581. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; as follows:

Strike all after the enacting clause and insert the
following:

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

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

[[Page S2494]]

United States, bona fide residents of the District (other
than Members of Congress) shall, notwithstanding any other
provision of law, be exempt from the individual Federal
income tax for taxable years beginning after the date of the
enactment of this Act.
______

SA 582. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

At the end, add the following:

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

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

SA 583. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. FOREIGN CONVICTIONS OF DANGEROUS CRIMES.

(a) Courts.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(36) The term `any court' includes any Federal, State, or
foreign court.''.
(b) Exclusion of Certain Felonies.--Section 921(a)(20) of
title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``any Federal or State
offenses'' and inserting ``any Federal, State, or foreign
offenses'';
(2) in subparagraph (B), by striking ``any State offense
classified by the laws of the State'' and inserting ``any
State or foreign offense classified by the laws of that
jurisdiction''; and
(3) in the matter following subparagraph (B), in the first
sentence, by inserting before the period the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
(c) Domestic Violence Crimes.--Section 921(a)(33) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraph (C)''
and inserting ``subparagraph (B)''; and
(2) in subparagraph (B)(ii), by striking ``if the
conviction has'' and inserting the following: ``if the
conviction--
``(I) occurred in a foreign jurisdiction and the convicted
person establishes that the foreign conviction resulted from
a denial of fundamental fairness that would violate due
process if committed in the United States or from conduct
that would be legal if committed in the United States; or
``(II) has''.
(d) Penalties.--Section 924(e)(2)(A)(ii) of title 18,
United States Code, is amended--
(1) by striking ``an offense under State law'' and
inserting ``an offense under State or foreign law''; and
(2) by inserting before the semicolon the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
______

SA 584. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

At the end, add the following:

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

(a) In General.--Section 1259 of title 28, United States
Code, is amended--
(1) in paragraph (3), by inserting ``or denied'' after
``granted''; and
(2) in paragraph (4), by inserting ``or denied'' after
``granted''.
(b) Technical and Conforming Amendment.--Section 867a(a) of
title 10, United States Code, is amended by striking ``The
Supreme Court may not review by a writ of certiorari under
this section any action of the Court of Appeals for the Armed
Forces in refusing to grant a petition for review.''.
______

SA 585. Mr. KYL proposed an amendment to the bill S. 160, to provide
the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.

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

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

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

SEC. 3. NATIONAL CAPITAL SERVICE AREA.

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

[[Page S2495]]

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

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

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

SEC. 5. EFFECT ON OTHER LAWS.

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

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

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

SEC. 7. EFFECTIVE DATE.

The provisions of this Act and the amendments made by this
Act shall take effect on the date the President issues a
proclamation under section 6 or the date of the ratification
of an amendment to the Constitution of the United States
repealing the twenty-third article of amendment to the
Constitution, whichever comes later.
______

SA 586. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

At the end, add the following:

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

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

[[Page S2496]]

``(10) has been convicted in any court of a misdemeanor sex
offense against a minor.''.
(b) Possession of Firearm.--Section 922(g) of title 18,
United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of a misdemeanor sex
offense against a minor,''.
(c) Misdemeanor Sex Offense Against a Minor Defined.--
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(36) The term `misdemeanor sex offense against a minor'
means a sex offense against a minor punishable by
imprisonment for not more than 1 year.
``(37) The term `sex offense' means a criminal offense that
has, as an element, a sexual act or sexual contact with
another, or an attempt or conspiracy to commit such an
offense.
``(38) The term `minor' means an individual who has not
attained 18 years of age.''.
______

SA 587. Mr. ENSIGN (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed by him to the bill S. 160, to provide
the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; which was ordered to
lie on the table; as follows:

At the end, add the following:

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

(a) Reauthorization.--Section 313 of the DC School Choice
Incentive Act of 2003 (title III of division C of Public Law
108-199, 118 Stat. 134) is amended by striking ``fiscal year
2004 and such sums as may be necessary for each of the 4
succeeding fiscal years'' and inserting ``fiscal year 2010''.
(b) Severability.--Notwithstanding section 7, if any
provision of this Act (other than this section), any
amendment made by this Act (other than by this section), or
the application of such provision or amendment to any person
or circumstance is held to be unconstitutional, this section,
the amendment made by this section, and the application of
such to any person or circumstance shall not be affected
thereby.
______

SA 588. Mr. MARTINEZ submitted an amendment intended to be proposed
by him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

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

TITLE __--PUERTO RICO

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

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

SEC. 203. PLEBISCITE.

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

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

(a) Availability of Amounts Derived From Tax on Foreign
Rum.--During the period beginning on October 1, 2008, and
ending on the date on which the results of the plebiscite
have been certified under section 203(c), the Secretary of
the Treasury shall allocate to the Commission, from amounts
that would otherwise be covered into the treasury of the
Commonwealth under section 7652(e)(1) of the Internal Revenue
Code of 1986, not more than $5,000,000 to pay the costs
incurred by the Commission in conducting the plebiscite, as
determined by the President, in consultation with the
Commission.
(b) Use of Funds for Educational and Other Materials.--In
allocating amounts to the Commission under subsection (a),
the Secretary shall ensure that the content of any Commission
voter education materials to be prepared by the Commission
using those amounts are not incompatible with the
Constitution and the laws and policies of the United States.
______

SA 589. Mr. LAUTENBERG submitted an amendment intended to be proposed
by him to the bill S. 160, to provide the District of Columbia a voting
seat and the State of Utah an additional seat in the House of
Representatives; which was ordered to lie on the table; as follows:

At the end, add the following:

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

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

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

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

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

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

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

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

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

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

[[Page S2497]]

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

``925A. Remedies.''.

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

[[Page S2498]]

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

SA 590. Mr. LAUTENBERG (for himself and Mr. Reed) submitted an
amendment intended to be proposed by him to the bill S. 160, to provide
the District of Columbia a voting seat and the State of Utah an
additional seat in the House of Representatives; which was ordered to
lie on the table; as follows:

At the end of the bill, add the following:

TITLE II--GUN SHOW LOOPHOLE CLOSING ACT OF 2009

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

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

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

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

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

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

[[Page S2499]]

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

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

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

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

SEC. 205. INSPECTION AUTHORITY.

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

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

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

[[Page S2500]]

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

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

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

SEC. 208. RULE OF INTERPRETATION.

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

SEC. 209. EFFECTIVE DATE.

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

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