"(2) provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise;

"(3) provide for the protection, instruction, and discipline of all persons. charged with or convicted of offenses against the United States;

"(4) use all suitable methods, not inconsistent with conditions imposed by the sentencing court or the Board of Parole, to supervise and aid probationers and parolees and to bring about improvements in their conduct and condition;

"(5) establish a program of continuous research and experimentation which shall, to the maximum extent consistent with orderly administration, be incorporated into and guide the daily operation of the corrections system; "(6) furnish each probationer under his supervision a written statement of the conditions of probation and instruct him regarding the same;

"(7) keep informed concerning the conduct and condition of each probationer under his supervision and report thereon to the court placing such person on probation; and

"(8) perform such other duties as he deems desirable with respect to probationers, prisoners, parolees, or other persons charged with or convicted of crimes against the United States."

This section shall not apply to military or naval penal correctional institutions or the persons confined therein.

(b) The analysis of chapter 301 of title 18, United States Code, immediately preceding section 4001 thereof, is amended by adding:

"4012. Responsibilities of Attorney General.”

SEC. 6. (a) Subsection (b) of section 4208 of title 18, United States Code, is amended by striking out the words "Director of the Bureau of Prisons" and inserting in lieu thereof the words, "Attorney General".

(b) The first paragraph of subsection (c) of such section is amended (1) by striking out the words "Director, under such regulations as the Attorney General may prescribe," and inserting in lieu thereof the words "Attorney General" and (2) by striking out the word "make" in the last sentence and inserting in lieu thereof the word "require".

SEC. 7. (a) Section 4042 of title 18, United States Code, is repealed.

(b) The analysis of chapter 303 of title 18, United States Code, immediately preceding section 4041 thereof, is amended by striking out the item

"4042. Duties of Bureau of Prisons."

SEC. 8. Section 5002 of title 18, United States Code, is amended to read as follows:

"§ 5002. Advisory Corrections Council

"(a) There is hereby created an Advisory Corrections Council composed of four United States judges designated by the Chief Justice of the United States, and, ex officio, the Chairman of the Board of Parole, the Chairman of the Youth Division of the Board of Parole, the Director of the United States Corrections Service, and a physician designated by the Secretary of Health, Education, and Welfare. The judges first appointed to the Council shall continue in office for terms of one, two, three, and four years, respectively, from the date of the amendment of this section, the term of each to be designated by the Chief Justice at the time of his appointment. Their successors shall each be appointed for a term of four years, from the date of the expiration of the term for which his predecessor was appointed, except that any judge appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of such predecessor. The Chairman shall be designated annually by the Chief Justice.

"(b) The Council shall meet annually and at special sessions which may be held from time to time upon the call of the Chairman.

"(c) The Council shall consider problems of treatment and correction of persons convicted of offenses against the United States and shall make recommendations to the Attorney General, the Judicial Conference of the United States, and other appropriate officials to improve the administration of criminal justice and assure the coordination and integration of policies respecting the disposition, treatment, and correction of all persons convicted of crime. It shall also consider measures to promote the prevention of crime and delinquency and suggest appropriate studies in this connection to be undertaken by agencies both publicand private.

77-540-67--2

"(d) The Council shall give attention to orders addressed to probation officers or community correctional officers by the United States judges, the Board of Parole, and the United States Corrections Service. It shall seek to resolve inconsistencies and clarify ambiguities and may make recommendations to that end to the Attorney General, the Judicial Conference, and the Board of Parole.

"(e) The Council shall keep under continuous review the standards and practices of the presentence investigations and reports and may make recommendations to the Attorney General and the Judicial Conference to increase their utility at every stage of the correctional process.

"(f) The Council shall review and evaluate research by the United States Corrections Service and may make recommendations concerning the adequacy of such research to the Attorney General and to the Judicial Conference.

"(g) The Council is authorized to request from any department, agency, or independent instrumentality of the Government any information or records it deems necesary to carry out its functions, and each such department, agency, and instrumentality is authorized to cooperate with the Council and, to the extent permitted by law, to furnish such information and records to the Council, upon request made by the Chairman or by any member when acting as Chairman. "(h) (1) The Council shall appoint an Executive Director and such other personnel as may be necesary to carry out its functions. The Executive Director shall supervise the activities of persons employed by the Council and shall perform such other duties as the Council may direct.

"(2) The Council may also procure services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946, as amended (5 U.S.C. 55a), at rates not to exceed $100 per day.

"(i) The members of the Council shall serve without compensation but necessary travel and subsistence expenses as authorized by law shall be paid from available appropriations of the Department of Justice."

Sec. 9. Subsection (a) of section 5003 of title 18, United States Code, is amended by striking out ", when the Director shall certify that proper and adequate treatment facilities and personnel are available,”.

SEC. 10. Section 5006 of title 18, United States Code, is amended by striking out subsections (c) and (d) and redesignating the remaining subsections as (c) through (f), respectively.

SEC. 11. Sections 5007, 5011, 5013, 5014, 5015, and 5025, and subsections (a) and (e) of section 5017 of title 18, United States Code, are amended by striking out the word "Director" and inserting in lieu thereof the words "Attorney General". SEC. 12. Section 5008 of title 18, United States Code, is amended by striking out the second sentence thereof.

SEC. 13. Section 5012 of title 18, United States Code, is amended by striking out the word "Director" and inserting in lieu thereof the word "he".

SEC. 14. Section 5016 of title 18, United States Code, is amended to read as follows: "The Attorney General shall cause periodic examinations and reexaminations to be made of all committed youth offenders and shall report to the Division as to each such offender and as to any other youth offender under the supervision of the Attorney General, as the Division may direct.

SEC. 15. Section 5019 of title 18, United States Code, is amended to read as follows:

8 5019. Supervision of released youth offenders

"Committed youth offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of the Attorney General and such voluntary supervisory agents as he may appoint. The Attorney General is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Attorney General."

SEC. 16. Section 5020 of title 18, United States Code, is amended by striking out the words "a United States probation officer, an appointed supervisory agent, a United States marshal, or any officer of a Federal penal or correctional institution" and inserting in lieu thereof the words "an officer of the United States Corrections Service, any other supervisory agent appointed by the Attorney General, or a United States marshal".

SEC. 17. The analysis of chapter 402 of title 18, United States Code, immediately preceding section 5005 thereof, is amended by striking out the item

"5015. Powers of Director as to placement of youth offenders."

and inserting in lieu thereof

"5015. Powers of Attorney General as to placement of youth offenders."

SEC. 18. The fourth paragraph of section 5034 of title 18, United States Code, is amended:

(1) by striking out of the second sentence the words "Director of the Bureau of Prisons, under such regulations as the Attorney General may prescribe," and inserting in lieu thereof the words "Attorney General"; and

(2) by striking ou the word "Director" wherever it appears and inserting in lieu thereof the words "Attorney General".

SEC. 19. Section 5036 of title 18, United States Code, is amended by striking out the words "Director of the Bureau of Prisons" and inserting in lieu thereof the words "Attorney General".

SEC. 20. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the purposes of this Act.

SEC. 21. Until such time and to such an extent as the Attorney General shall certify to the Director of the Administrative Office of the United States Courts that probation officers are no longer needed in a particular district to supervise parolees and probationers, probation officers, shall continue to perform all supervision functions being performed by them under existing law, and to execute apprehension warrants issued under section 5020 of title 18, United States Code.

SEC. 22. This Act shall be effective on July 1, 1967.

[H.R. 5384, 90th Cong., first sess.]

A BILL To amend title 18, United States Code, to provide for better control of the interstate traffic in firearms

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "State Firearms Control Assistance Act of 1967".

FINDINGS AND DECLARATION

SEC. 2. (a) The Congress hereby finds and declares

(1) that there is a widespread traffic in firearms moving in or otherwise affecting interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the States to control the firearms traffic within their own borders through the exercise of their police power;

(2) that the ease with which any person can acquire firearms (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of duly constituted public authorities, and others whose possession of firearms is similarly contrary to the public interest) is a significant factor in the prevalance of lawlessness and violent crime in the United States;

(3) that only through adequate Federal control over interstate and foreign commerce in firearms, and over all persons engaging in the businesses of importing, manufacturing, or dealing in firearms, can this grave problem be properly dealt with, and effective State and local regulation of the firearms traffic be made possible;

(4) that the acquisition on a mail-order basis of firearms by nonlicensed individuals, from a place other than their State of residence, has materially tended to thwart the effectiveness of State laws and regulations, and local ordinances;

(5) that the sale or other disposition of concealable weapons by importers, manufacturers, and dealers holding Federal licenses, to nonresidents of the State in which the licensees' places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions regarding such firearms;

(6) that there is a causal relationship between the easy availability of firearms and juvenile and youthful criminal behavior, and that firearms

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have been widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior;

(7) that the United States has become the dumping ground of the castoff surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the United States in recent years, has contributed greatly to lawlessness and to the Nation's law enforcement problems;

(8) that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, etc., and destructive devices such as explosives or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern;

(9) that the existing licensing system under the Federal Firearms Act does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system.

(b) The Congress further hereby declares that the purpose of this Act is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this Act to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trap shooting, target shooting, personal protection, or any other lawful activity, and that this Act is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this Act.

SEC. 3. Title 18, United States Code, is amended by inserting after section 917 thereof the following new chapter:

"Chapter 44. FIREARMS

"925. Exceptions: Relief from disabilities.

"926. Rules and regulations.

"927. Effect on State law.

"928. Separability.

"§ 921. Definitions

"(a) As used in this chapter

"(1) The term 'person' and the term 'whoever' includes any individual, corporation, company, association, firm, partnership, society, or joint stock company.

"(2) The term 'interstate or foreign commerce' includes commerce between any State or possession (not including the Canal Zone) and any place outside thereof; or between points within the same State or possession (not including the Canal Zone), but through any place outside thereof; or within any possession or the District of Columbia. The term 'State' shall include the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia.

"(3) The term 'firearm' means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; or any destructive device.

"(4) The term 'destructive device' means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive and having any barrel with a bore of one-half inch or more in diameter.

"(5) The term 'shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or

redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a singlet projectile for each single pull of the trigger.

"(6) The term 'short-barreled shotgun' means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches. "(7) The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifilled bore for each single pull of the trigger.

"(8) The term 'short-barreled rifle' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches.

"(9) The term 'importer' means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term 'licensed importer' means any such person licensed under the provisions of this chapter.

"(10) the term 'manufacturer' means any person engaged in the manufacture of firearms or ammunition for purposes of sale or distribution; and the term 'licensed manufacturer' means any such person licensed under the provisions of this chapter.

"(11) The term 'dealer' means (A) any person engaged in the business of selling firearms or ammunition at wholesale or retail, (B) any person engaged in the business of repairing such firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms or (C) any person who is a pawnbroker. The term 'licensed dealer' means any dealer who is licensed under the provisions of this chapter.

“(12) The term 'pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm or ammunition as security for the payment or repayment of money.

"(13) The term 'indictment' includes an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

"(14) The term 'fugitive from justice' means any person who has fled from any State or possession to avoid prosecution for a crime punishable by imprisonment for a term exceeding one year or to avoid giving testimony in any criminal proceeding.

"(15) The term 'antique firearm' means any firearm of a design used before the year 1870 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1870; but not including any weapon designed for use with smokeless powder or using rim-fire or conventional center-fire ignition with fixed ammunition.

"(16) The term 'ammunition' means ammunition for a destructive device; it shall not include shotgun shells or any other ammunition designed for use in a firearm other than a destructive device.

"(17) The term 'Secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate.

"(b) As used in this chapter

"(1) The term 'firearm' shall not include an antique firearm.

"(2) The term 'destructive device' shall not include

"(A) a device which is not designed or redesigned or used or intended for use as a weapon; or

"(B) any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety or similar device; or

"(C) any shotgun other than a short-barreled shotgun; or

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(D) any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game; or

"(E) surplus obsolete ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of 10 U.S.C., sections 4684(2), 4685, or 4686; or