John McCain's Folly

Read it and weep.
I hope the formatting is acceptable, I don't have time to reread it.

SECTION 1. SHORT TITLE.
This Act may be cited as the `Gun Show Loophole Closing and Gun Law Enforcement Act of 2001'.

SEC. 101. SHORT TITLE.
This title may be cited as the `Gun Show Loophole Closing Act of 2001'.

SEC. 102. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
`(35) SPECIAL FIREARMS EVENT- The term `special firearms event'--
`(A) means any event at which 75 or more firearms are offered or exhibited for sale or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and
`(B) does not include an offer or exhibit of firearms for sale or exchange 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 sections 923 and 931.
`(36) SPECIAL FIREARMS EVENT FREQUENT OPERATOR- The term `special firearms event frequent operator' means any person who operates 2 or more special firearms events in a 6 month period.
`(37) SPECIAL FIREARMS EVENT INFREQUENT OPERATOR- The term `special firearms event infrequent operator' means any person who operates not more than 1 special firearms event in a 6 month period.
`(38) SPECIAL FIREARMS EVENT LICENSEE- The term `special firearms event licensee' means any person who has obtained and holds a valid license in compliance with section 931(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 931(c).
`(39) SPECIAL FIREARMS EVENT VENDOR- The term `special firearms event vendor' means any person who is not required to be licensed under section 923, 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. 103. 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. 931. Regulation of firearms transfers at special firearms events
`(a) SPECIAL FIREARMS EVENT OPERATORS-
`(1) REGISTRATION OF SPECIAL FIREARMS EVENT OPERATORS-
`(A) IN GENERAL- It shall be unlawful for any person to operate a special firearms event unless that person registers with the Secretary in accordance with regulations promulgated by the Secretary.
`(B) FEES- The Secretary shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the registration requirement in subparagraph (A).
`(2) RESPONSIBILITIES OF SPECIAL FIREARMS EVENTS FREQUENT OPERATORS- It shall be unlawful for a special firearms events frequent operator to organize, plan, promote, or operate a special firearms event unless that operator--
`(A) has an annual operating license for special firearms events frequent operators issued by the Secretary pursuant to regulations promulgated by the Secretary;
`(B) not later than 30 days before commencement of the special firearms event, notifies the Secretary of the date, time, duration, and location of the special firearms event, the vendors planning to participate, and any other information concerning the special firearms event as the Secretary may require by regulation;
`(C) not later than 72 hours before commencement of the special firearms event, submits to the Secretary an updated list of all special firearms event vendors planning to participate, and any other information concerning such vendors as the Secretary may require by regulation;
`(D) before 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;
`(E) before 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--
`(i) a ledger with identifying information concerning the vendor; and
`(ii) a notice advising the vendor of the obligations of the vendor under this chapter;
`(F) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe;
`(G) not later than 5 days after the last day of the special firearms event, submits to the Secretary a copy of the ledger and notice described in subparagraph (E); and
`(H) maintains a copy of the records described in subparagraphs (C) through (E) at the permanent place of business of the operator for such period of time and in such form as the Secretary shall require by regulation.
`(3) RESPONSIBILITIES OF SPECIAL FIREARMS EVENTS INFREQUENT OPERATORS- It shall be unlawful for a special firearms event infrequent operator to organize, plan, promote, or operate a special firearms event unless that person--
`(A) not later that 30 days before commencement of the special firearms event, notifies the Secretary of the date, time, duration, and location of the special firearms event;
`(B) not later than 72 hours before commencement of the special firearms event, submits to the Secretary a list of all special firearms event vendors planning to participate in the special firearms event and any other information concerning such vendors as the Secretary may require by regulation;
`(C) before 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;
`(D) before 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--
`(i) a ledger with identifying information concerning the vendor; and
`(ii) a notice advising the vendor of the obligations of the vendor under this chapter;
`(E) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe;
`(F) not later than 5 days after the last day of the special firearms event, submits to the Secretary a copy of the ledger and notice described in subparagraph (D); and
`(G) maintains a copy of the records described in subparagraphs (B) through (D) at the permanent place of business of the special firearms event promoter for such period of time and in such form as the Secretary shall require by regulation.
`(b) 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 (c).
`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of 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 (c)(2)(A); or
`(B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or would violate State law.
`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed special firearms event vendor.
`(c) 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 (b) 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 a day on which State offices are open), or if the event is held in a State that has been certified by the Attorney General under section 104 of the Gun Show Loophole Closing Act of 2001, not later than 24 hours (or 3 business days 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 time period set forth in paragraph (2), 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 would violate State law;
`(3) in the case of a transfer of 2 or more firearms on a single day to a person other than a licensee, prepare a report of the multiple transfers, which report shall be--
`(A) on a form specified by the Secretary; 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 record keeping requirements under this chapter.
`(d) SPECIAL FIREARMS EVENT LICENSE-
`(1) IN GENERAL- The Secretary 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 over;
`(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 his 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- On approval of an application as provided in this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of valid registration a fee of $90 for 3 years, the Secretary shall issue to the applicant an instant check registration, and advise the Attorney General of that registration.
`(B) NICS- A special firearms 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 gun show 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 with the date 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 record keeping 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.
`(e) FIREARM TRANSACTION DEFINED- 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, 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: `(7)(A)(i) Whoever knowingly violates section 931(a)(1) shall be--
`(I) fined under this title, imprisoned not more than 2 years, or both; and
`(II) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.
`(ii) Whoever knowingly violates section 931(a)(2) shall be fined under this title, imprisoned not more than 5 years, or both.
`(iii) Whoever knowingly violates section 931(a)(3) shall be fined under this title, imprisoned not more than 2 years, or both
. `(B) Whoever knowingly violates section 931(b) shall be--
`(i) fined under this title, imprisoned not more than 2 years, or both; and
`(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.
`(C) Whoever knowingly violates section 931(c) shall be fined under this title, imprisoned not more than 5 years, or both.
`(D) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who violates any provision of section 931--
`(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and
`(ii) impose a civil fine in an amount equal to not more than $10,000.'
. (c) TECHNICAL AND CONFORMING AMENDMENTS- Chapter 44 of title 18, United States Code, is amended in the chapter analysis, by adding at the end the following:
`931. Regulation of firearms transfers at special firearms events.'.

Sec. 931. Regulation of firearms transfers at special firearms events
`(a) SPECIAL FIREARMS EVENT OPERATORS-
`(1) REGISTRATION OF SPECIAL FIREARMS EVENT OPERATORS-
`(A) IN GENERAL- It shall be unlawful for any person to operate a special firearms event unless that person registers with the Secretary in accordance with regulations promulgated by the Secretary.
`(B) FEES- The Secretary shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the registration requirement in subparagraph (A).
`(2) RESPONSIBILITIES OF SPECIAL FIREARMS EVENTS FREQUENT OPERATORS- It shall be unlawful for a special firearms events frequent operator to organize, plan, promote, or operate a special firearms event unless that operator--
`(A) has an annual operating license for special firearms events frequent operators issued by the Secretary pursuant to regulations promulgated by the Secretary;
`(B) not later than 30 days before commencement of the special firearms event, notifies the Secretary of the date, time, duration, and location of the special firearms event, the vendors planning to participate, and any other information concerning the special firearms event as the Secretary may require by regulation;
`(C) not later than 72 hours before commencement of the special firearms event, submits to the Secretary an updated list of all special firearms event vendors planning to participate, and any other information concerning such vendors as the Secretary may require by regulation;
`(D) before 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;
`(E) before 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--
`(i) a ledger with identifying information concerning the vendor; and
`(ii) a notice advising the vendor of the obligations of the vendor under this chapter;
`(F) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe;
`(G) not later than 5 days after the last day of the special firearms event, submits to the Secretary a copy of the ledger and notice described in subparagraph (E); and
`(H) maintains a copy of the records described in subparagraphs (C) through (E) at the permanent place of business of the operator for such period of time and in such form as the Secretary shall require by regulation.
`(3) RESPONSIBILITIES OF SPECIAL FIREARMS EVENTS INFREQUENT OPERATORS- It shall be unlawful for a special firearms event infrequent operator to organize, plan, promote, or operate a special firearms event unless that person--
`(A) not later that 30 days before commencement of the special firearms event, notifies the Secretary of the date, time, duration, and location of the special firearms event;
`(B) not later than 72 hours before commencement of the special firearms event, submits to the Secretary a list of all special firearms event vendors planning to participate in the special firearms event and any other information concerning such vendors as the Secretary may require by regulation;
`(C) before 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;
`(D) before 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--
`(i) a ledger with identifying information concerning the vendor; and
`(ii) a notice advising the vendor of the obligations of the vendor under this chapter;
`(E) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe;
`(F) not later than 5 days after the last day of the special firearms event, submits to the Secretary a copy of the ledger and notice described in subparagraph (D); and
`(G) maintains a copy of the records described in subparagraphs (B) through (D) at the permanent place of business of the special firearms event promoter for such period of time and in such form as the Secretary shall require by regulation.
`(b) 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 (c).
`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of 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 (c)(2)(A); or
`(B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or would violate State law.
`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed special firearms event vendor.
`(c) 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 (b) 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 a day on which State offices are open), or if the event is held in a State that has been certified by the Attorney General under section 104 of the Gun Show Loophole Closing Act of 2001, not later than 24 hours (or 3 business days 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 time period set forth in paragraph (2), 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 would violate State law;
`(3) in the case of a transfer of 2 or more firearms on a single day to a person other than a licensee, prepare a report of the multiple transfers, which report shall be--
`(A) on a form specified by the Secretary; 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 record keeping requirements under this chapter.
`(d) SPECIAL FIREARMS EVENT LICENSE-
`(1) IN GENERAL- The Secretary 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 over;
`(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 his 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- On approval of an application as provided in this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of valid registration a fee of $90 for 3 years, the Secretary shall issue to the applicant an instant check registration, and advise the Attorney General of that registration.
`(B) NICS- A special firearms 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 gun show 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 with the date 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 record keeping 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.
`(e) FIREARM TRANSACTION DEFINED- 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, 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: `(7)(A)(i) Whoever knowingly violates section 931(a)(1) shall be--
`(I) fined under this title, imprisoned not more than 2 years, or both; and
`(II) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.
`(ii) Whoever knowingly violates section 931(a)(2) shall be fined under this title, imprisoned not more than 5 years, or both.
`(iii) Whoever knowingly violates section 931(a)(3) shall be fined under this title, imprisoned not more than 2 years, or both.
`(B) Whoever knowingly violates section 931(b) shall be--
`(i) fined under this title, imprisoned not more than 2 years, or both; and
`(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.
`(C) Whoever knowingly violates section 931(c) shall be fined under this title, imprisoned not more than 5 years, or both.
`(D) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who violates any provision of section 931--
`(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and
`(ii) impose a civil fine in an amount equal to not more than $10,000.'.
(c) TECHNICAL AND CONFORMING AMENDMENTS- Chapter 44 of title 18, United States Code, is amended in the chapter analysis, by adding at the end the following: `931. Regulation of firearms transfers at special firearms events.'.

SEC. 104. OPTION FOR 24-HOUR BACKGROUND CHECKS AT SPECIAL FIREARMS EVENTS FOR STATES WITH COMPUTERIZED DISQUALIFYING RECORDS AND PROGRAMS TO IMPROVE STATE DATABASES.
(a) OPTION FOR 24-HOUR REQUIREMENT-
(1) 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.
(2) CERTIFICATION- The Attorney General shall certify a State for 24-hour verification authority only upon a clear showing by the State that 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).
(3) DISQUALIFYING INFORMATION- Such disqualifying information shall include, at a minimum, the disqualifying records for that State going back 30 years from the date of application to the Attorney General for certification.
(4) 24-HOUR PROVISION- Upon certification by the Attorney General, the 24-hour provision in section 931(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.
(5) ANNUAL REVIEW- The Attorney General shall annually review and revoke for any State not in compliance the certification required in the amendment made by paragraph (1).
(b) PRIORITY- The Attorney General shall give priority to background check requests at special firearms events made pursuant to section 931 of title 18, United States Code, as added by this Act.
(c) STUDY- Not later than 180 days after the date of enactment of this Act, the Attorney General shall identify and report to Congress the reasons for delays in background checks at the Federal and State levels and include recommendations for eliminating those delays.
(d) GRANT PROGRAM-
(1) IN GENERAL- The Attorney General is authorized to make grants to States to assist in the computerization of the criminal conviction records and other disqualifying records of that State and with other issues facing States that want to apply for certification under section 104(a) of this title.
(2) AUTHORIZATION- There are authorized to be appropriated such sums as are necessary for fiscal years 2002 through 2004 to carry out this subsection.

SEC. 105. 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. 106. INCREASED PENALTIES FOR SERIOUS RECORDKEEPING VIOLATIONS BY LICENSEES.
Section 924(a)(3) of title 18, United States Code, is amended to read as follows:
`(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, 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

SEC. 107. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND CHECK REQUIREMENTS.
Section 924(a) of title 18, United States Code, is 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:
`(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.'.

SEC. 108. 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. 109. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act.

SEC. 201. SHORT TITLE.
This title may be cited as the `Gun Law Enforcement Act of 2001'.

SEC. 202. STATE AND LOCAL GUN CRIME PROSECUTORS.
(a) PURPOSE- The purpose of this section is to--
(1) provide funding for State and local prosecutors to focus on gun prosecutions in high gun crime areas; and
(2) double funding for such programs from fiscal year 2001 to 2002.
(b) AUTHORIZATION- There are authorized to be appropriated $150,000,000 for fiscal year 2002 to the Attorney General to provide grants to States and units of local government to support prosecutions in high gun crime areas by State and local prosecutors.

SEC. 203. NATIONAL PROJECT EXILE.
(a) PURPOSE- The purpose of this section is to provide funding to replicate the success of the Project EXILE program.
(b) AUTHORIZATION- There are authorized to be appropriated $20,000,000 for fiscal year 2002 to the Attorney General to provide for additional Assistant United States Attorneys to establish not to exceed 100 Project EXILE programs with local United States Attorneys and local jurisdictions.
(c) MEDIA AWARENESS- From amounts authorized by subsection (b), the Attorney General may provide funds to participating local jurisdictions.

SEC. 204. FUNDING FOR ADDITIONAL ATF AGENTS.
There are authorized to be appropriated $18,000,000 for fiscal year 2002 to the Secretary of the Treasury for the purpose of funding the hiring of an additional 200 agents for the Bureau of Alcohol, Tobacco, and Firearms.

SEC. 205. GUN TRACING AND YOUTH CRIME GUN INTERDICTION.
There are authorized to be appropriated $20,000,000 for fiscal years 2002 through 2005 to the Secretary of the Treasury for the purpose of--
(1) funding additional resources for the Bureau of Alcohol, Tobacco, and Firearms to trace guns involved in gun crimes; and
(2) expanding the Youth Crime Gun Interdiction Initiative to 250 cities over the 4 years funding is authorized.

SEC. 206. SMART GUN TECHNOLOGY.
There are authorized to be appropriated $10,000,000 for fiscal year 2002 to the National Institute for Justice for the purpose of making grants to research entities developing technologies that limit the use of a gun to the owner.

SEC. 207. REPORT ON BRADY ENFORCEMENT.
Not later than February 1 of each year--
(1) the Attorney General shall report to Congress--
(A) the number of prosecutions resulting from background checks conducted pursuant to the Brady Handgun Violence Prevention Act;
(B) what barriers exist to prosecutions under that Act; and
(C) what steps could be taken to maximize prosecutions; and
(2) the Secretary of Treasury shall report to Congress--
(A) the number of investigations conducted pursuant to the Brady Handgun Violence Prevention Act;
(B) the number of investigations initiated but not pursued under that Act;
(C) the number of firearms retrieved as transferred in contravention of that Act; and
(D) what barriers exist to investigations under that Act.

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Print-out the GSPU page, make copies, and distribute at gun shows which you attend. Give 'em to members of your local sportsman clubs. "Eternal vigilance is the price of liberty!"

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