,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dbdj ,,in ,,the ,,house ,,of ,,representatives ,november #c1 #bjag,mr4 ,thompson of ,california 7for himself and ,mr4 ,king of ,new ,york7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to protect ,second ,amendment rights1 ensure that all individuals who should be prohibited from buying a firearm are listed in the ,national ,instant ,criminal ,background ,check ,system1 and provide a responsible and consistent background check process4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,rule of construction4 ,sec4 #d4 ,severability4 ,title ,i--,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system ,sec4 #aja4 ,reauthorization of the ,national ,criminal ,history ,records ,improvement ,program4 ,sec4 #ajb4 ,improvement of metrics and incentives4 ,sec4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting4 ,sec4 #ajd4 ,relief from disabilities program4 ,sec4 #aje4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system4 ,sec4 #ajf4 ,codification of ,,hipaa authority for covered entities to submit mental health records to the ,national ,instant ,criminal ,background ,check ,system4 ,sec4 #ajg4 ,publication of ,,nics index statistics4 ,sec4 #ajh4 ,effective date4 ,title ,,ii--,providing a ,responsible and ,consistent ,background ,check ,process ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,firearms transfers4 ,sec4 #bjc4 ,penalties4 ,sec4 #bjd4 ,rule of construction4 ,sec4 #bje4 ,effective date4 #b4 ,findings ,congress finds the following3 7#a7 ,congress supports1 respects1 and defends the fundamental1 individual right to keep and bear arms guaranteed by the ,second ,amendment to the ,constitution of the ,united ,states4 7#b7 ,congress supports and reaffirms the existing prohibition on a national firearms registry4 7#c7 ,congress believes the ,department of ,justice should prosecute violations of background check requirements to the maximum extent of the law4 7#d7 ,there are deficits in the background check system in existence prior to the date of enactment of this ,act and the ,department of ,justice should make it a top priority to work with ,states to swiftly input missing records1 including mental health records4 7#e7 ,congress and the citizens of the ,united ,states agree that in order to promote safe and responsible gun ownership1 dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms2 therefore1 it should be incumbent upon all citizens to ensure weapons are not being transferred to such people4 #c4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to-- 7#a7 expand in any way the enforcement authority or jurisdiction of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 or 7#b7 allow the establishment1 directly or indirectly1 of a ,federal firearms registry4 #d4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid for any reason in any court of competent jurisdiction1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any other person or circumstance1 shall not be affected4 ,i ,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system #aja4 ,reauthorization of the ,national ,criminal ,history ,records ,improvement ,program ,section #ajf7;b7 of ,public ,law #ajc-aei 7#cd ,u4,s4,c4 #djcjb7;b77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking of this ,act and inserting of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,authorization of appropriations ,there are authorized to be appropriated for grants under this subsection #ajj1jjj1jjj for each of fiscal years #bjah through #bjba4 4 #ajb4 ,improvement of metrics and incentives ,section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaf7 is amended to read as follows3 7b7 ,implementation plan 7#a7 ,in general ,not later than #a year after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag1 the ,attorney ,general1 in coordination with the ,states1 shall establish1 for each ,state or ,indian tribal government applying for a grant under section #ajc1 a #d-year implementation plan to ensure maximum coordination and automation of the reporting of records or making of records available to the ,national ,instant ,criminal ,background ,check ,system4 7#b7 ,benchmark requirements ,each #d-year plan established under paragraph 7#a7 shall include annual benchmarks1 including both qualitative goals and quantitative measures1 to enable the ,attorney ,general to assess implementation of the #d-year plan4 7#c7 ,penalties for non-compliance 7,a7 ,in general ,during the #d-year period covered by a #d-year plan established under paragraph 7#a71 the ,attorney ,general shall withhold-- 7i7 #aj percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the first year in the #d-year period2 7ii7 #aa percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the second year in the #d-year period2 7iii7 #ac percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the third year in the #d-year period2 and 7iv7 #ae percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state does not meet the benchmark established under paragraph 7#b7 for the fourth year in the #d-year period4 7,b7 ,failure to establish a plan ,a ,state that fails to establish a plan under paragraph 7#a7 shall be treated as having not met any benchmark established under paragraph 7#b74 4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting 7a7 ,in general ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 by striking section #ajc and inserting the following3 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting 7a7 ,authorization ,from amounts made available to carry out this section1 the ,attorney ,general shall make grants to ,states1 ,indian ,tribal governments1 and ,state court systems1 in a manner consistent with the ,national ,criminal ,history ,improvement ,program and consistent with ,state plans for integration1 automation1 and accessibility of criminal history records1 for use by the ,state1 or units of local government of the ,state1 ,indian ,tribal government1 or ,state court system to improve the automation and transmittal of mental health records and criminal history dispositions1 records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories in accordance with section #ajb and the ,national ,criminal ,history ,improvement ,program4 7b7 ,use of grant amounts ,grants awarded to ,states1 ,indian ,tribal governments1 or ,state court systems under this section may only be used to-- 7#a7 carry out1 as necessary1 assessments of the capabilities of the courts of the ,state or ,indian ,tribal government for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#b7 implement policies1 systems1 and procedures for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#c7 create electronic systems that provide accurate and up-to-date information which is directly related to checks under the ,national ,instant ,criminal ,background ,check ,system1 including court disposition and corrections records2 7#d7 assist ,states or ,indian ,tribal governments in establishing or enhancing their own capacities to perform background checks using the ,national ,instant ,criminal ,background ,check ,system2 and 7#e7 develop and maintain the relief from disabilities program in accordance with section #aje4 7c7 ,eligibility 7#a7 ,in general ,to be eligible for a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall certify1 to the satisfaction of the ,attorney ,general1 that the ,state1 ,indian ,tribal government1 or ,state court system-- 7,a7 is not prohibited by ,state law or court order from submitting mental health records to the ,national ,instant ,criminal ,background ,check ,system2 and 7,b7 subject to paragraph 7#b71 has implemented a relief from disabilities program in accordance with section #aje4 7#b7 ,relief from disabilities program ,for purposes of obtaining a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall not be required to meet the eligibility requirement described in paragraph 7#a77;,b7 until the date that is #b years after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag4 7d7 ,federal share 7#a7 ,studies1 assessments1 non-material activities ,the ,federal share of a study1 assessment1 creation of a task force1 or other non-material activity1 as determined by the ,attorney ,general1 carried out with a grant under this section shall be not more than #be percent4 7#b7 ,infrastructure or system development ,the ,federal share of an activity involving infrastructure or system development1 including labor-related costs1 for the purpose of improving ,state or ,indian ,tribal government record reporting to the ,national ,instant ,criminal ,background ,check ,system carried out with a grant under this section may amount to #ajj percent of the cost of the activity4 7e7 ,grants to indian tribes ,up to #e percent of the grant funding available under this section may be reserved for ,indian tribal governments for use by ,indian tribal judicial systems4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjaf through #bjai4 2 7#b7 by striking title ,,iii2 and 7#c7 in section #dja7;b71 by inserting after of this ,act the following3 and #ah months after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag4 7b7 ,technical and conforming amendment ,the table of sections in section #a7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #ajaja note7 is amended by striking the item relating to section #ajc and inserting the following3 ,sec4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting4 4 #ajd4 ,relief from disabilities program ,section #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiae7 is amended by adding at the end the following3 7c7 ,penalties for non-,compliance 7#a7 #aj percent reduction ,during the #a-year period beginning #b years after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjag1 the ,attorney ,general shall withhold #aj percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh if the ,state has not implemented a relief from disabilities program in accordance with this section4 7#b7 #aa percent reduction ,during the #a-year period after the expiration of the period described in paragraph 7#a71 the ,attorney ,general shall withhold #aa percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh if the ,state has not implemented a relief from disabilities program in accordance with this section4 7#c7 #ac percent reduction ,during the #a-year period after the expiration of the period described in paragraph 7#b71 the ,attorney ,general shall withhold #ac percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh if the ,state has not implemented a relief from disabilities program in accordance with this section4 7#d7 #ae percent reduction ,after the expiration of the #a-year period described in paragraph 7#c71 the ,attorney ,general shall withhold #ae percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh if the ,state has not implemented a relief from disabilities program in accordance with this section4 7#e7 ,reallocation ,amounts not allocated under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh to a ,state for failure to implement a relief from disabilities program shall be reallocated to ,states that are in compliance4 4 #aje4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system ,section #ajc7;e77#a7 of ,public ,law #ajc-aei 7#cd ,u4,s4,c4 #djija7;e77#a77 is amended by adding at the end the following3 7,f7 ,application to federal courts ,in this subsection-- 7i7 the terms department or agency of the ,united ,states and ,federal department or agency include a ,federal court2 and 7ii7 for purposes of any request1 submission1 or notification1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall perform the functions of the head of the department or agency4 4 #ajf4 ,codification of ,,hipaa authority for covered entities to submit mental health records to the ,national ,instant ,criminal ,background ,check ,system ,a covered entity 7as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations1 or any successor regulation7 may use or disclose protected health information 7as defined in such section7 for purposes of reporting to the ,national ,instant ,criminal ,background ,check ,system the identity of an individual who is prohibited from possessing a firearm under section #ibb7;g77#d7 of title #ah1 ,united ,states ,code1 provided the covered entity-- 7#a7 is a ,state agency or other entity that is1 or contains an entity that is-- 7,a7 an entity designated by the ,state to report1 or which collects information for purposes of reporting1 on behalf of the ,state1 to the ,national ,instant ,criminal ,background ,check ,system2 or 7,b7 a court1 board1 commission1 or other lawful authority that makes the commitment or adjudication that causes an individual to become subject to such section #ibb7;g77#d72 7#b7 discloses the information only to-- 7,a7 the ,national ,instant ,criminal ,background ,check ,system2 or 7,b7 an entity designated by the ,state to report1 or which collects information for purposes of reporting1 on behalf of the ,state1 to the ,national ,instant ,criminal ,background ,check ,system2 and 7#c7 7,a7 discloses only the limited demographic and certain other information needed for purposes of reporting to the ,national ,instant ,criminal ,background ,check ,system2 and 7,b7 does not disclose diagnostic or clinical information for such purposes4 #ajg4 ,publication of ,,nics index statistics ,not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,attorney ,general shall make the ,national ,instant ,criminal ,background ,check ,system index statistics available on a publically accessible ,internet website4 #ajh4 ,effective date ,the amendments made by this title shall take effect #ahj days after the date of enactment of this ,act4 ,,ii ,providing a ,responsible and ,consistent ,background ,check ,process #bja4 ,purpose ,the purpose of this title is to enhance the current background check process in the ,united ,states to ensure criminals and the mentally ill are not able to purchase firearms4 #bjb4 ,firearms transfers 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by repealing subsection 7s72 7#b7 by redesignating subsection 7t7 as subsection 7s72 7#c7 in subsection 7s71 as redesignated-- 7,a7 in paragraph 7#c77;,c77ii71 by striking 7as defined in subsection 7s77#h772 and 7,b7 by adding at the end the following3 7#g7 ,in this subsection-- 7,a7 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual2 and 7,b7 the term gun show or event has the meaning given the term in subsection 7t77#d74 2 and 7#d7 by inserting after subsection 7s71 as redesignated1 the following3 7t7 7#a7 ,beginning on the date that is #ahj days after the date of enactment of this subsection and except as provided in paragraph 7#b71 it shall be unlawful for any person other than a licensed dealer1 licensed manufacturer1 or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter1 if such transfer occurs-- 7,a7 at a gun show or event1 on the curtilage thereof2 or 7,b7 pursuant to an advertisement1 posting1 display or other listing on the ,internet or in a publication by the transferor of his intent to transfer1 or the transferee of his intent to acquire1 the firearm4 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 the transfer is made after a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7s71 and upon taking possession of the firearm1 the licensee complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee1 except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous #e years by a ,state1 or a political subdivision of a ,state1 that allows the transferee to possess1 acquire1 or carry a firearm1 if the law of the ,state1 or political subdivision of a ,state1 that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of ,federal1 ,state1 or local law2 7,b7 the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same ,state1 which takes place in such ,state1 if-- 7i7 the ,attorney ,general certifies that ,state in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section2 and 7ii7 the transfer was conducted in compliance with the laws of the ,state2 7,c7 the transfer is made between spouses1 between parents or spouses of parents and their children or spouses of their children1 between siblings or spouses of siblings1 or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren1 or between aunts or uncles or their spouses and their nieces or nephews or their spouses1 or between first cousins1 if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under ,federal1 ,state1 or local law2 or 7,d7 the ,attorney ,general has approved the transfer under section #ehab of the ,internal ,revenue ,code of #aihf4 7#c7 7,a7 ,notwithstanding any other provision of this chapter1 except for section #ibc7m71 the ,attorney ,general may implement this subsection with regulations4 7,b7 ,regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph 7#b77;,a74 7,c7 ,regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers4 7,d7 ,regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph 7#b77;,a74 7#d7 ,for purposes of this subsection1 the term gun show or event-- 7,a7 means any event at which #ge or more firearms are offered or exhibited for sale1 exchange1 or transfer1 if #a or more of the firearms has been shipped or transported in1 or otherwise affects1 interstate or foreign commerce2 and 7,b7 does not include an offer or exhibit of firearms for sale1 exchange1 or transfer by an individual from the personal collection of that individual1 at the private residence of that individual1 if the individual is not required to be licensed under section #ibc4 4 7b7 ,prohibition of national gun registry ,section #ibc of such title is amended by adding at the end the following3 7m7 ,the ,attorney ,general may not consolidate or centralize the records of the-- 7#a7 acquisition or disposition of firearms1 or any portion thereof1 maintained by-- 7,a7 a person with a valid1 current license under this chapter2 or 7,b7 an unlicensed transferor under section #ibb7t72 or 7#b7 possession or ownership of a firearm1 maintained by any medical or health insurance entity4 4 7c7 ,technical and conforming amendments 7#a7 ,section #ibb ,section #ibb7y77#b7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding subparagraph 7,a71 by striking 1 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 and inserting and 7g77#e77;,b74 7#b7 ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab ,section #eaa of title ,v of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#ah ,u4,s4,c4 #ibb note7 is amended by striking subsection #ibb7t7 each place it appears and inserting subsection 7s7 or 7t7 of section #ibb4 #bjc4 ,penalties ,section #ibd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#h7 ,whoever makes or attempts to make a transfer of a firearm in violation of section #ibb7t7 to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection 7g7 or 7n7 of section #ibb or ,state law1 to a law enforcement officer1 or to a person acting at the direction of1 or with the approval of1 a law enforcement officer authorized to investigate or prosecute violations of section #ibb7t71 shall be fined under this title1 imprisoned not more than #e years1 or both4 2 and 7#b7 by adding at the end the following3 7q7 ,improper use of storage of records ,any person who knowingly violates section #ibc7m7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #bjd4 ,rule of construction ,nothing in this title1 or an amendment made by this title1 shall be construed-- 7#a7 to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof1 or pursuant to an advertisement1 posting1 display1 or other listing on the ,internet or in a publication by the transferor of the intent of the transferor to transfer1 or the transferee of the intent of the transferee to acquire1 the firearm2 or 7#b7 to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee4 #bje4 ,effective date ,this title and the amendments made by this title shall take effect #ahj days after the date of enactment of this ,act4