Page:United States Statutes at Large Volume 104 Part 6.djvu/455

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4845 "(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; "(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or "(iv) by a law enforcement officer acting in his or her official capacity. "(3) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun-free school zones as provided in this subsection.". (2) DEFINITIONS. —Section 921(a) of such title is amended by adding at the end thereof the following new paragraphs: "(25) The term 'school zone' means— "(A) in, or on the grounds of, a public, parochial or private school; or "(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. "(26) The term 'school' means a school which provides elementary or secondary education, as determined under State law. "(27) The term 'motor vehicle' has the meaning given such term in section 10102 of title 49, United States Code.". (3) PENALTY. — Section 924(a) of such title is amended by adding at the end thereof the following new paragraph: "(4) Whoever violates section 922(q) shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.". (4) EFFECTIVE DATE. —The amendments made by this section 18 USC 921 note, shall apply to conduct engaged in after the end of the 60-day period beginning on the date of the enactment of this Act. (5) GUN-FREE ZONE SIGNS. —Federal, State, and local authori- 18 USC 922 note, ties are encouraged to cause signs to be posted around school zones giving warning of prohibition of the possession of firearms in a school zone. SEC. 1703. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS. (a) REPORT.— Not less than six months after the date of enactment of this Act, the United States Sentencing Commission shall transmit to the respective Judiciary Committees of the Senate and House of Representatives a report on mandatory minimum sentencing provisions in Federal law. (b) COMPONENTS OF REPORT. —The report mandated by subsection (a) shall include: (1) a compilation of all mandatory minimum sentencing provisions in Federal law; (2) an assessment of the effect of mandatory minimum sentencing provisions on the goal of eliminating unwarranted sentencing disparity; (3) a projection of the impact of mandatory minimum sentencing provisions on the Federal prison population;