,,ii #aafth ,,congress #ast ,session ,s4 #aeai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai,mr4 ,grassley 7for himself and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to address gun violence1 improve the availability of records to the ,national ,instant ,criminal ,background ,check ,system1 address mental illness in the criminal justice system1 and end straw purchases and trafficking of illegal firearms1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,reauthorization and improvements to ,,nics4 ,sec4 #d4 ,availability of records to ,,nics4 ,sec4 #e4 ,definitions relating to mental health4 ,sec4 #f4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes4 ,sec4 #g4 ,reports and certifications to ,congress4 ,sec4 #h4 ,increasing ,federal prosecution of gun violence4 ,sec4 #i4 ,prosecution of felons and fugitives who attempt to illegally purchase firearms4 ,sec4 #aj4 ,limitation on operations by the ,department of ,justice4 ,sec4 #aa4 ,straw purchasing of firearms4 ,sec4 #ab4 ,increased penalties for lying and buying4 ,sec4 #ac4 ,amendments to section #ibd7;a74 ,sec4 #ad4 ,amendments to section #ibd7;h74 ,sec4 #ae4 ,amendments to section #ibd7k74 ,sec4 #af4 ,multiple sales reports for rifles and shotguns4 ,sec4 #ag4 ,study by the ,national ,institutes of ,justice and ,national ,academy of ,sciences on the causes of mass shootings4 ,sec4 #ah4 ,reports to ,congress regarding ammunition purchases by ,federal agencies4 ,sec4 #ai4 ,reduction of ,byrne ,,jag funds for ,state failure to provide mental health records to ,,nics4 ,sec4 #bj4 ,firearm commerce modernization4 ,sec4 #ba4 ,firearm dealer access to law enforcement information4 ,sec4 #bb4 ,interstate transportation of firearms or ammunition4 ,sec4 #bc4 ,preventing duplicative grants4 #b4 ,definitions ,in this ,act-- 7#a7 the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code2 7#b7 the term ,,nics means the ,national ,instant ,criminal ,background ,check ,system2 and 7#c7 the term relevant ,federal records means any record demonstrating that a person is prohibited from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 #c4 ,reauthorization and improvements to ,,nics 7a7 ,in general ,section #ajc of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiac7 is amended-- 7#a7 by redesignating subsections 7e71 7f71 and 7g7 as subsections 7f71 7g71 and 7h71 respectively2 7#b7 by amending subsection 7f71 as so redesignated1 to read as follows3 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 2 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,accountability ,all grants awarded by the ,attorney ,general under this section shall be subject to the following accountability provisions3 7#a7 ,definition ,in this subsection1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #ab months from the date when the final audit report is issued4 7#b7 ,audits ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of recipients of grants under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7#c7 ,priority ,in awarding grants under this section1 the ,attorney ,general shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 4 7b7 ,modification of eligibility requirements ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 in section #ajb7;b77#a7 7#cd ,u4,s4,c4 #djiab7;b77#a77-- 7,a7 in subparagraph 7,a71 by striking subparagraph 7,c7 and inserting subparagraph 7,b72 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#b7 in section #ajc7;a77#a7 7#cd ,u4,s4,c4 #djiac7;a77#a771 by striking and subject to section #ajb7;b77#a77;,b72 and 7#c7 in section #ajd7;d7 7#cd ,u4,s4,c4 #djiad7;d771 by striking section #ajb7;b77#a77;,c7 and inserting section #ajb7;b77#a77;,b74 #d4 ,availability of records to ,,nics 7a7 ,guidance ,not later than #de days after the date of enactment of this ,act1 the ,attorney ,general shall issue guidance regarding-- 7#a7 the identification and sharing of relevant ,federal records2 and 7#b7 submission of the relevant ,federal records to ,,nics4 7b7 ,prioritization of records ,each agency that possesses relevant ,federal records shall prioritize providing the relevant information contained in the relevant ,federal records to ,,nics on a regular and ongoing basis in accordance with the guidance issued by the ,attorney ,general under subsection 7a74 7c7 ,reports ,not later than #fj days after the ,attorney ,general issues guidance under subsection 7a71 the head of each agency shall submit a report to the ,attorney ,general that-- 7#a7 advises whether the agency possesses relevant ,federal records2 and 7#b7 describes the implementation plan of the agency for making the relevant information contained in relevant ,federal records available to ,,nics in a manner consistent with applicable law4 7d7 ,determination of relevance ,the ,attorney ,general shall resolve any dispute regarding whether-- 7#a7 agency records are relevant ,federal records2 and 7#b7 the relevant ,federal records of an agency should be made available to ,,nics4 #e4 ,definitions relating to mental health 7a7 ,title #ah definitions ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #iba7;a71 by adding at the end the following3 7#cf7 7,a7 ,subject to subparagraph 7,b71 the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital1 with respect to a person-- 7i7 means the person is the subject of an order or finding by a judicial officer1 court1 board1 commission1 or other adjudicative body-- 7,i7 that was issued after-- 7aa7 a hearing-- 7,,aa7 of which the person received actual notice2 and 7,,bb7 at which the person had an opportunity to participate with counsel2 or 7bb7 the person knowingly and intelligently waived the opportunity for a hearing-- 7,,aa7 of which the person received actual notice2 and 7,,bb7 at which the person would have had an opportunity to participate with counsel2 and 7,,ii7 that found that the person1 as a result of marked subnormal intelligence1 mental impairment1 or mental illness-- 7aa7 was a danger to himself or to others2 7bb7 was guilty but mentally ill in a criminal case2 7cc7 was not guilty in a criminal case by reason of insanity or mental disease or defect2 7dd7 was incompetent to stand trial in a criminal case2 7ee7 was not guilty only by reason of lack of mental responsibility under section #hej;a of title #aj 7article #ej;a of the ,uniform ,code of ,military ,justice72 7ff7 required involuntary inpatient treatment by a psychiatric hospital2 7gg7 required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or to others2 or 7hh7 required involuntary commitment to a psychiatric hospital for any reason1 including drug use2 and 7ii7 does not include-- 7,i7 a person who is in a psychiatric hospital for observation2 or 7,,ii7 a voluntary admission to a psychiatric hospital4 7,b7 ,in this paragraph1 the term order or finding does not include-- 7i7 an order or finding that has expired or has been set aside or expunged2 7ii7 an order or finding that is no longer applicable because a judicial officer1 court1 board1 commission1 or other adjudicative body has found that the person who is the subject of the order or finding-- 7,i7 does not present a danger to himself or to others2 7,,ii7 has been restored to sanity or cured of mental disease or defect2 7,,iii7 has been restored to competency2 or 7,,iv7 no longer requires involuntary inpatient or outpatient treatment by1 or involuntary commitment to1 a psychiatric hospital2 or 7iii7 an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section #ibe7;c7 or under a program described in section #aja7;c77#b77;,a7 or #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa1 #djiae74 7#cg7 ,the term psychiatric hospital includes a mental health facility1 a mental hospital1 a sanitarium1 a psychiatric facility1 and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness1 including a psychiatric ward in a general hospital4 2 and 7#b7 in section #ibb-- 7,a7 in subsection 7d77#d7-- 7i7 by striking as a mental defective and inserting mentally incompetent2 and 7ii7 by striking any mental institution and inserting a psychiatric hospital2 and 7,b7 in subsection 7g77#d7-- 7i7 by striking as a mental defective or who has and inserting mentally incompetent or has2 and 7ii7 by striking mental institution and inserting psychiatric hospital4 7b7 ,technical and conforming amendment ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 by striking as a mental defective each place that term appears and inserting mentally incompetent2 7#b7 by striking mental institution each place that term appears and inserting psychiatric hospital2 and 7#c7 in section #ajb7;c77#c7 7#cd ,u4,s4,c4 #djiab7;c77#c77-- 7,a7 in the paragraph heading1 by striking as a mental defective or committed to a mental institution and inserting mentally incompetent or committed to a psychiatric hospital2 and 7,b7 by striking mental institutions and inserting psychiatric hospitals4 #f4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes 7a7 ,in general ,chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes ,in any case arising out of the administration by the ,secretary of laws and benefits under this title1 a person who is mentally incapacitated1 deemed mentally incompetent1 or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah without the order or finding of a judge1 magistrate1 or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others4 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes4 4 #g4 ,reports and certifications to ,congress 7a7 ,,nics reports ,not later than ,october #a1 #bjai1 and every year thereafter1 the head of each agency that possesses relevant ,federal records shall submit a report to ,congress that includes-- 7#a7 a description of the relevant ,federal records possessed by the agency that can be shared with ,,nics in a manner consistent with applicable law2 7#b7 the number of relevant ,federal records the agency submitted to ,,nics during the reporting period2 7#c7 efforts made to increase the percentage of relevant ,federal records possessed by the agency that are submitted to ,,nics2 7#d7 any obstacles to increasing the percentage of relevant ,federal records possessed by the agency that are submitted to ,,nics2 7#e7 measures put in place to provide notice and programs for relief from disabilities as required under the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 if the agency makes qualifying adjudications relating to the mental health of an individual2 7#f7 measures put in place to correct1 modify1 or remove records available to ,,nics when the basis on which the records were made available no longer applies2 and 7#g7 additional steps that will be taken during the #a-year period after the submission of the report to improve the processes by which relevant ,federal records are-- 7,a7 identified2 7,b7 made available to ,,nics2 and 7,c7 corrected1 modified1 or removed from ,,nics4 7b7 ,certifications 7#a7 ,in general ,the annual report requirement in subsection 7a7 shall not apply to an agency that1 as part of a report required to be submitted under subsection 7a71 provides certification that the agency has-- 7,a7 made available to ,,nics relevant ,federal records that can be shared in a manner consistent with applicable law2 7,b7 a plan to make any relevant ,federal records available to ,,nics and a description of that plan2 and 7,c7 a plan to update1 modify1 or remove records electronically from ,,nics not less than quarterly as required by the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 and a description of that plan4 7#b7 ,frequency ,each agency that is not required to submit annual reports under paragraph 7#a7 shall submit an annual certification to ,congress attesting that the agency continues to submit relevant ,federal records to ,,nics and has corrected1 modified1 or removed records available to ,,nics when the basis on which the records were made available no longer applies4 7c7 ,reports to ,congress on firearms prosecutions 7#a7 ,report to congress ,beginning ,february #a1 #bjbj1 and on ,february #a of each year thereafter through #bjbi1 the ,attorney ,general shall submit to the ,committees on the ,judiciary and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives a report of information gathered under this subsection during the fiscal year that ended on ,september #cj of the preceding year4 7#b7 ,subject of annual report ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general shall require each component of the ,department of ,justice1 including each ,united ,states ,attorney's ,office1 to furnish for the purposes of the report described in paragraph 7#a71 information relating to any case presented to the ,department of ,justice for review or prosecution1 in which the objective facts of the case provide probable cause to believe that there has been a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf4 7#c7 ,elements of annual report ,with respect to each case described in paragraph 7#b71 the report submitted under paragraph 7#a7 shall include information indicating-- 7,a7 whether in any such case1 a decision has been made not to charge an individual with a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf1 or any other violation of ,federal criminal law2 7,b7 in any case described in subparagraph 7,a71 a description of why no charge was filed under sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf2 7,c7 whether in any case described in paragraph 7#b71 an indictment1 information1 or other charge has been brought against any person1 or the matter is pending2 7,d7 whether1 in the case of an indictment1 information1 or other charge described in subparagraph 7,c71 the charging document contains a count or counts alleging a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf2 7,e7 in any case described in subparagraph 7,d7 in which the charging document contains a count or counts alleging a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf1 whether a plea agreement of any kind has been entered into with such charged individual2 7,f7 whether any plea agreement described in subparagraph 7,e7 required that the individual plead guilty1 to enter a plea of nolo contendere1 or otherwise caused a court to enter a conviction against that individual for a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf2 7,g7 in any case described in subparagraph 7,f7 in which the plea agreement did not require that the individual plead guilty1 enter a plea of nolo contendere1 or otherwise cause a court to enter a conviction against that individual for a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf1 identification of the charges to which that individual did plead guilty2 7,h7 in the case of an indictment1 information1 or other charge described in subparagraph 7,c71 in which the charging document contains a count or counts alleging a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf1 the result of any trial of such charges 7guilty1 not guilty1 mistrial72 7,i7 in the case of an indictment1 information1 or other charge described in subparagraph 7,c71 in which the charging document did not contain a count or counts alleging a violation of sections #ibb and #ibd1 ,united ,states ,code1 and section #ehfa of the ,internal ,revenue ,code of #aihf1 the nature of the other charges brought and the result of any trial of such other charges as have been brought 7guilty1 not guilty1 mistrial72 7,j7 the number of persons who attempted to purchase a firearm but were denied because of a background check conducted in accordance with section #ibb7t7 of title #ah1 ,united ,states ,code2 and 7,k7 the number of prosecutions conducted in relation to persons described in subparagraph 7,j74 #h4 ,increasing ,federal prosecution of gun violence 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general shall establish in jurisdictions specified in subsection 7c7 a program that meets the requirements of subsection 7b71 to be known as the ,nationwide ,project ,exile ,expansion4 7b7 ,program elements ,each program established under subsection 7a7 shall1 for the jurisdiction concerned-- 7#a7 provide for coordination with ,state and local law enforcement officials in the identification of violations of ,federal firearms laws2 7#b7 provide for the establishment of agreements with ,state and local law enforcement officials for the referral to the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives and the ,united ,states ,attorney for prosecution of persons arrested for violations of section #ibb or section #ibd of title #ah1 ,united ,states ,code1 or section #ehfa of the ,internal ,revenue ,code of #aihf1 relating to firearms2 7#c7 provide for the establishment of multijurisdictional task forces1 coordinated by the ,executive ,office of the ,united ,states attorneys to investigate and prosecute illegal straw purchasing rings that purchase firearms in one jurisdiction and transfer them to another2 7#d7 require that the ,united ,states attorney designate not less than #a assistant ,united ,states attorney to prosecute violations of ,federal firearms laws2 7#e7 provide for the hiring of agents for the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives to investigate violations of the provisions referred to in paragraph 7#b71 ,united ,states ,code1 relating to firearms2 and 7#f7 ensure that each person referred to the ,united ,states attorney under paragraph 7#b7 be charged with a violation of the most serious ,federal firearm offense consistent with the act committed4 7c7 ,covered jurisdictions 7#a7 ,in general ,subject to paragraph 7#b71 the jurisdictions specified in this subsection are-- 7,a7 the #aj jurisdictions with a population equal to or greater than #ajj1jjj persons that had the highest total number of homicides according to the uniform crime report of the ,federal ,bureau of ,investigation for the most recent year available2 7,b7 the #e jurisdictions with such a population1 other than the jurisdictions covered by paragraph 7#a71 with the highest per capita rate of homicide according to the uniform crime report of the ,federal ,bureau of ,investigation for the most recent year available2 and 7,c7 the #c tribal jurisdictions that have the highest homicide crime rates1 as determined by the ,attorney ,general4 7#b7 ,limitation ,the #ae jurisdictions described in subparagraphs 7,a7 and 7,b7 shall not include any jurisdiction other than those within the #ej ,states4 7d7 ,annual reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report containing the following information3 7#a7 ,the number of individuals indicted for such violations of ,federal firearms laws during that year by reason of the program4 7#b7 ,the increase or decrease in the number of individuals indicted for such violations of ,federal firearms laws during that year by reason of the program when compared with the year preceding that year4 7#c7 ,the number of individuals held without bond in anticipation of prosecution by reason of the program4 7#d7 ,to the extent the information is available1 the average length of prison sentence of the individuals convicted of violations of ,federal firearms laws by reason of the program4 7#e7 ,the number of multijurisdictional task forces established and the number of individuals arrested1 indicted1 convicted or acquitted of charges for violations of the specific crimes listed in subsection 7b77#b74 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out the program under this section #ae1jjj1jjj for each of fiscal years #bjbj1 #bjba1 and #bjbb1 which shall be used for salaries and expenses of assistant ,united ,states attorneys and ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives agents4 7#b7 ,use of funds 7,a7 ,assistant ,united ,states ,attorneys ,the assistant ,united ,states attorneys hired using amounts authorized to be appropriated under paragraph 7#a7 shall prosecute violations of ,federal firearms laws in accordance with subsection 7b77#b74 7,b7 ,,atf agents ,the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives agents hired using amounts authorized to be appropriated under paragraph 7#a7 shall1 to the maximum extent practicable1 concentrate their investigations on violations of ,federal firearms laws in accordance with subsection 7b77#b74 #i4 ,prosecution of felons and fugitives who attempt to illegally purchase firearms 7a7 ,task ,force 7#a7 ,establishment ,there is established a task force within the ,department of ,justice1 which shall be known as the ,felon and ,fugitive ,firearm ,task ,force 7referred to in this section as the ,task ,force71 to strengthen the efforts of the ,department of ,justice to investigate and prosecute cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm4 7#b7 ,membership ,the members of the ,task ,force shall be-- 7,a7 the ,deputy ,attorney ,general1 who shall serve as the ,chairperson of the ,task ,force2 7,b7 the ,assistant ,attorney ,general for the ,criminal ,division2 7,c7 the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 7,d7 the ,director of the ,federal ,bureau of ,investigation2 and 7,e7 such other officers or employees of the ,department of ,justice as the ,attorney ,general may designate4 7#c7 ,duties ,the ,task ,force shall-- 7,a7 provide direction for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm2 and 7,b7 provide recommendations to the ,attorney ,general relating to-- 7i7 the allocation and reallocation of resources of the ,department of ,justice for investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm2 7ii7 enhancing cooperation among agencies and entities of the ,federal ,government in the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm2 7iii7 enhancing cooperation among ,federal1 ,state1 and local authorities responsible for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm2 and 7iv7 changes in rules1 regulations1 or policy to improve the effective investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm4 7#d7 ,meetings ,the ,task ,force shall meet not less than once a year4 7#e7 ,termination ,the ,task ,force shall terminate on the date that is #e years after the date of enactment of this ,act4 7b7 ,authorization for use of funds ,section #ebd7;c77#a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,h71 by striking and at the end2 7#b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,i7 the following3 7,j7 the investigation and prosecution of cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm1 in accordance with section #i of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai1 provided that-- 7i7 not more than #aj1jjj1jjj shall be available to the ,attorney ,general for each of fiscal years #bjbj through #bjbd under this subparagraph2 and 7ii7 not more than #e percent of the amounts made available under this subparagraph may be used for the administrative costs of the task force established under section #i of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai4 4 #aj4 ,limitation on operations by the ,department of ,justice ,the ,department of ,justice1 and any of the law enforcement coordinate agencies of the ,department of ,justice1 shall not conduct any operation where a ,federal firearms licensee is directed1 instructed1 enticed1 or otherwise encouraged by the ,department of ,justice to sell a firearm to an individual if the ,department of ,justice1 or a coordinate agency1 knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the ,attorney ,general1 the ,deputy ,attorney ,general1 or the ,assistant ,attorney ,general for the ,criminal ,division personally reviews and approves the operation1 in writing1 and determines that the agency has prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms4 #aa4 ,straw purchasing of firearms 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,straw purchasing of firearms 7a7 ,definitions ,for purposes of this section-- 7#a7 the term crime of violence has the meaning given that term in section #ibd7;c77#c72 7#b7 the term drug trafficking crime has the meaning given that term in section #ibd7;c77#b72 and 7#c7 the term ,federal crime of terrorism has the meaning given that term in section #bccb;b7g74 7b7 ,offense ,it shall be unlawful for any person to-- 7#a7 purchase or otherwise obtain a firearm1 which has been shipped1 transported1 or received in interstate or foreign commerce1 for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows-- 7,a7 is prohibited from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb2 7,b7 intends to use1 carry1 possess1 or sell or otherwise dispose of the firearm in furtherance of a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 7,c7 intends to engage in conduct that would constitute a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism if the conduct had occurred within the ,united ,states2 or 7,d7 is not a resident of any ,state and is not a citizen or lawful permanent resident of the ,united ,states2 or 7#b7 willfully procure another to engage in conduct described in paragraph 7#a74 7c7 ,penalty ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 #icc4 ,trafficking in firearms 7a7 ,definitions ,for purposes of this section-- 7#a7 the term crime of violence has the meaning given that term in section #ibd7;c77#c72 7#b7 the term drug trafficking crime has the meaning given that term in section #ibd7;c77#b72 and 7#c7 the term ,federal crime of terrorism has the meaning given that term in section #bccb;b7g74 7b7 ,offense ,it shall be unlawful for any person to-- 7#a7 ship1 transport1 transfer1 or otherwise dispose of two or more firearms to another person in or otherwise affecting interstate or foreign commerce1 if the transferor knows that the use1 carrying1 or possession of a firearm by the transferee would violate subsection 7g7 or 7n7 of section #ibb1 or constitute a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 7#b7 receive from another person two or more firearms in or otherwise affecting interstate or foreign commerce1 if the recipient-- 7,a7 knows that such receipt would violate subsection 7g7 or 7n7 of section #ibb2 or 7,b7 intends to use the firearm in furtherance of a crime of violence1 a drug trafficking crime1 or a ,federal crime of terrorism2 or 7#c7 attempt or conspire to commit the conduct described in paragraph 7#a7 or 7#b74 7c7 ,penalties 7#a7 ,in general ,any person who violates subsection 7b7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,organizer ,if a violation of subsection 7b7 is committed by a person acting in concert with other persons as an organizer1 leader1 supervisor1 or manager1 the person shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ica the following3 #icb4 ,straw purchasing of firearms4#icc4 ,trafficking in firearms4 4 7c7 ,directive to the sentencing commission ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code1 and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses4 ,in its review1 the ,commission shall consider1 in particular1 an appropriate amendment to reflect the intent of ,congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities4 ,the ,commission shall also review and amend its guidelines and policy statements to reflect the intent of ,congress that a person convicted of an offense under section #icb or #icc of title #ah1 ,united ,states ,code1 who is affiliated with a gang1 cartel1 organized crime ring1 or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual4 #ab4 ,increased penalties for lying and buying ,section #ibd7;a77#a7 of title #ah1 ,united ,states ,code1 is amended in the undesignated matter following subparagraph 7,d7 by striking five years and inserting the following3 #e years 7or1 in the case of a violation under subparagraph 7,a71 not more than #aj years74 #ac4 ,amendments to section #ibd7;a7 ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking 7d71 7g712 and 7#b7 by adding at the end the following3 7#h7 ,whoever knowingly violates subsection 7d71 7g71 or 7n7 of section #ibb shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #ad4 ,amendments to section #ibd7;h7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 ,whoever knowingly receives or transfers a firearm or ammunition1 or attempts or conspires to do so1 knowing that such firearm or ammunition will be used to commit a crime of violence 7as defined in subsection 7c77#c771 a drug trafficking crime 7as defined in subsection 7c77#b771 a ,federal crime of terrorism 7as defined in section #bccb;b7g771 or a crime under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 or the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq471 shall be imprisoned not more than #ae years1 fined in accordance with this title1 or both4 4 #ae4 ,amendments to section #ibd7k7 ,section #ibd of title #ah1 ,united ,states ,code1 is amended by striking subsection 7k7 and inserting the following3 7k7 7#a7 ,a person who1 with intent to engage in or promote conduct that-- 7,a7 is punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 7,b7 violates any law of a ,state relating to any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act1 #ba ,u4,s4,c4 #hjb72 7,c7 constitutes a crime of violence 7as defined in subsection 7c77#c772 or 7,d7 constitutes a ,federal crime of terrorism 7as defined in section #bccb;b7g771 smuggles or knowingly brings into the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 7#b7 ,a person who1 with intent to engage in or to promote conduct that-- 7,a7 would be punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df1 if the conduct had occurred within the ,united ,states2 or 7,b7 would constitute a crime of violence 7as defined in subsection 7c77#c77 or a ,federal crime of terrorism 7as defined in section #bccb;b7g77 for which the person may be prosecuted in a court of the ,united ,states1 if the conduct had occurred within the ,united ,states1 smuggles or knowingly takes out of the ,united ,states1 a firearm or ammunition1 or attempts or conspires to do so1 shall be imprisoned not more than #ae years1 fined under this title1 or both4 4 #af4 ,multiple sales reports for rifles and shotguns ,section #ibc7;g77#e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,the ,attorney ,general may not require a licensee to submit ongoing or periodic reporting of the sale or other disposition of #b or more rifles or shotguns during a specified period of time4 4 #ag4 ,study by the ,national ,institutes of ,justice and ,national ,academy of ,sciences on the causes of mass shootings 7a7 ,in general 7#a7 ,study ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general shall instruct the ,director of the ,national ,institutes of ,justice1 to conduct a peer-reviewed study to examine various sources and causes of mass shootings including psychological factors1 the impact of violent video games1 and other factors4 ,the ,director shall enter into a contract with the ,national ,academy of ,sciences to conduct this study jointly with an independent panel of #e experts appointed by the ,academy4 7#b7 ,report ,not later than #a year after the date on which the study required under paragraph 7#a7 begins1 the ,directors shall submit to ,congress a report detailing the findings of the study4 7b7 ,issues examined ,the study conducted under subsection 7a77#a7 shall examine-- 7#a7 mental illness2 7#b7 the availability of mental health and other resources and strategies to help families detect and counter tendencies toward violence2 7#c7 the availability of mental health and other resources at schools to help detect and counter tendencies of students towards violence2 7#d7 the extent to which perpetrators of mass shootings1 either alleged1 convicted1 deceased1 or otherwise1 played violent or adult-themed video games and whether the perpetrators of mass shootings discussed1 planned1 or used violent or adult-themed video games in preparation of or to assist in carrying out their violent actions2 7#e7 familial relationships1 including the level of involvement and awareness of parents2 7#f7 exposure to bullying2 and 7#g7 the extent to which perpetrators of mass shootings were acting in a copycat manner based upon previous violent events4 #ah4 ,reports to ,congress regarding ammunition purchases by ,federal agencies ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 shall report to the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,chairmen and ,ranking ,members of the ,house and ,senate ,committees on ,appropriations and the ,committees on the ,judiciary1 the ,house ,committee on ,homeland ,security1 the ,senate ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,house ,committee on ,oversight and ,reform1 a report including-- 7#a7 details of all purchases of ammunition by each ,federal agency2 7#b7 a summary of all purchases1 solicitations1 and expenditures on ammunition by each ,federal agency2 7#c7 a summary of all the rounds of ammunition expended by each ,federal agency and a current listing of stockpiled ammunition for each ,federal agency2 and 7#d7 an estimate of future ammunition needs and purchases for each ,federal agency for the next fiscal year4 #ai4 ,reduction of ,byrne ,,jag funds for ,state failure to provide mental health records to ,,nics ,section #ajd7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiad7;b77 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b72 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 in paragraph 7#b71 as so redesignated1 by striking of paragraph 7#b7 and inserting of paragraph 7#a72 and 7#d7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,reduction for failure to provide mental health records 7,a7 ,in general ,during the period beginning on the date that is #ah months after the date of enactment of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai and ending on the day before the date described in subparagraph 7,b71 the ,attorney ,general shall withhold #e percent of the amount that would otherwise be allocated to a ,state under section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not-- 7i7 provide not less than #ij percent of the records required to be provided under sections #ajb and #ajc2 or 7ii7 have in effect a statute that-- 7,i7 requires the ,state to provide the records required to be provided under sections #ajb and #ajc2 and 7,,ii7 implements a relief from disabilities program in accordance with section #aje4 7,b7 ,final implementation deadline ,beginning on the date that is #e years after the date of enactment of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai1 the ,attorney ,general shall withhold #aj percent of the amount that would otherwise be allocated to a ,state under section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 if the ,state does not have in effect a statute described in subparagraph 7,a77ii7 of this paragraph4 4 #bj4 ,firearm commerce modernization 7a7 ,firearms dispositions ,section #ibb7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking located and inserting located or temporarily located2 and 7#b7 in subparagraph 7,a7-- 7,a7 by striking rifle or shotgun and inserting firearm2 7,b7 by striking located and inserting located or temporarily located2 and 7,c7 by striking both such ,states and inserting the ,state in which the transfer is conducted and the ,state of residence of the transferee4 7b7 ,dealer location ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7j7-- 7,a7 in the first sentence1 by striking 1 and such location is in the ,state which is specified on the license2 and 7,b7 in the last sentence-- 7i7 by inserting transfer1 after sell12 and 7ii7 by striking ,act1 and all that follows and inserting ,act42 and 7#b7 by adding at the end the following3 7m7 ,nothing in this chapter shall be construed to prohibit the sale1 transfer1 delivery1 or other disposition of a firearm or ammunition-- 7#a7 by a person licensed under this chapter to another person so licensed1 at any location in any ,state2 or 7#b7 by a licensed importer1 licensed manufacturer1 or licensed dealer to a person not licensed under this chapter1 at a temporary location described in subsection 7j7 in any ,state4 4 7c7 ,residence of ,united ,states officers ,section #iba of title #ah1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following3 7b7 ,for purposes of this chapter3 7#a7 ,a member of the ,armed ,forces on active duty1 or a spouse of such a member1 is a resident of-- 7,a7 the ,state in which the member or spouse maintains legal residence2 7,b7 the ,state in which the permanent duty station of the member is located2 and 7,c7 the ,state in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member4 7#b7 ,an officer or employee of the ,united ,states 7other than a member of the ,armed ,forces7 who is stationed outside the ,united ,states for a period of more than #a year1 and a spouse of such an officer or employee1 is a resident of the ,state in which the person maintains legal residence4 4 #ba4 ,firearm dealer access to law enforcement information 7a7 ,in general ,section #ajc7;b7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija71 is amended-- 7#a7 by striking ,not later than and inserting the following3 7#a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7#b7 ,voluntary background checks 7,a7 ,in general ,not later than #ij days after the date of enactment of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjai1 the ,attorney ,general shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of conducting voluntary1 no fee employment background checks on current or prospective employees4 7,b7 ,notice ,before conducting an employment background check relating to an individual under subparagraph 7,a71 a licensee shall-- 7i7 provide written notice to the individual that the licensee intends to conduct the background check2 and 7ii7 obtain consent to conduct the background check from the individual in writing4 7,c7 ,exemption ,an employment background check conducted by a licensee under subparagraph 7,a7 shall not be governed by the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq474 7,d7 ,appeal ,any individual who is the subject of an employment background check conducted by a licensee under subparagraph 7,a7 the result of which indicates that the individual is prohibited from possessing a firearm or ammunition pursuant to subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm4 4 7b7 ,acquisition1 preservation1 and exchange of identification records and information ,section #ecd of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 provide a person licensed as an importer1 manufacturer1 or dealer of firearms under chapter #dd of title #ah with information necessary to verify whether firearms offered for sale to such licensees have been stolen4 2 and 7#b7 in subsection 7b71 by inserting 1 except for dissemination authorized under subsection 7a77#e7 of this section before the period4 7c7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 and without regard to chapter #e of title #e1 ,united ,states ,code1 the ,attorney ,general shall promulgate regulations allowing a person licensed as an importer1 manufacturer1 or dealer of firearms under chapter #dd of title #ah1 ,united ,states ,code1 to receive access to records of stolen firearms maintained by the ,national ,crime ,information ,center operated by the ,federal ,bureau of ,investigation1 solely for the purpose of voluntarily verifying whether firearms offered for sale to such licensees have been stolen4 7d7 ,statutory construction2 evidence 7#a7 ,statutory construction ,nothing in this section or the amendments made by this section shall be construed-- 7,a7 to create a cause of action against any person licensed as an importer1 manufacturer1 or dealer of firearms under chapter #dd of title #ah1 ,united ,states ,code1 or any other person for any civil liability2 or 7,b7 to establish any standard of care4 7#b7 ,evidence ,notwithstanding any other provision of law1 evidence regarding the use or non-use by a person licensed as an importer1 manufacturer1 or dealer of firearms under chapter #dd of title #ah1 ,united ,states ,code1 of the systems1 information1 or records made available under this section or the amendments made by this section shall not be admissible as evidence in any proceeding of any court1 agency1 board1 or other entity4 #bb4 ,interstate transportation of firearms or ammunition 7a7 ,in general ,section #ibf;,a of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ibf;,a4 ,interstate transportation of firearms or ammunition 7a7 ,definition ,in this section1 the term transport includes staying in temporary lodging overnight1 stopping for food1 fuel1 vehicle maintenance1 an emergency1 medical treatment1 and any other activity incidental to the transport4 7b7 ,authorization ,notwithstanding any provision of any law 7including a rule or regulation7 of a ,state or any political subdivision thereof1 a person who is not prohibited by this chapter from possessing1 transporting1 shipping1 or receiving a firearm or ammunition shall be entitled to-- 7#a7 transport a firearm for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the firearm to any other such place if1 during the transportation-- 7,a7 the firearm is unloaded2 and 7,b7 7i7 if the transportation is by motor vehicle-- 7,i7 the firearm is not directly accessible from the passenger compartment of the motor vehicle2 or 7,,ii7 if the motor vehicle is without a compartment separate from the passenger compartment1 the firearm is-- 7aa7 in a locked container other than the glove compartment or console2 or 7bb7 secured by a secure gun storage or safety device2 or 7ii7 if the transportation is by other means1 the firearm is in a locked container or secured by a secure gun storage or safety device2 and 7#b7 transport ammunition for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the ammunition1 to any other such place if1 during the transportation-- 7,a7 the ammunition is not loaded into a firearm2 and 7,b7 7i7 if the transportation is by motor vehicle-- 7,i7 the ammunition is not directly accessible from the passenger compartment of the motor vehicle2 or 7,,ii7 if the motor vehicle is without a compartment separate from the passenger compartment1 the ammunition is in a locked container other than the glove compartment or console2 or 7ii7 if the transportation is by other means1 the ammunition is in a locked container4 7c7 ,state law 7#a7 ,arrest authority ,a person who is transporting a firearm or ammunition may not be-- 7,a7 arrested for violation of any law or any rule or regulation of a ,state1 or any political subdivision thereof1 relating to the possession1 transportation1 or carrying of firearms or ammunition1 unless there is probable cause to believe that the transportation is not in accordance with subsection 7b72 or 7,b7 detained for violation of any law or any rule or regulation of a ,state1 or any political subdivision thereof1 relating to the possession1 transportation1 or carrying of firearms or ammunition1 unless there is reasonable suspicion that the transportation is not in accordance with subsection 7b74 7#b7 ,prosecution 7,a7 ,burden of proof ,if a person asserts this section as a defense in a criminal proceeding1 the government shall bear the burden of proving1 beyond a reasonable doubt1 that the conduct of the person was not in accordance with subsection 7b74 7,b7 ,prevailing defendant ,if a person successfully asserts this section as a defense in a criminal proceeding1 the court shall award the prevailing defendant reasonable attorney's fees4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #ibf;,a and inserting the following3 #ibf;,a4 ,interstate transportation of firearms or ammunition4 4 #bc4 ,preventing duplicative grants ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended by adding at the end the following3 7n7 ,preventing duplicative grants 7#a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this part1 the ,attorney ,general shall compare potential grant awards with grants awarded under part ,a or ,t to determine if duplicate grant awards are awarded for the same purpose4 7#b7 ,report ,if the ,attorney ,general awards duplicate grants to the same applicant for the same purpose the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7,a7 a list of all duplicate grants awarded1 including the total dollar amount of any duplicate grants awarded2 and 7,b7 the reason the ,attorney ,general awarded the duplicate grants4 4