,,ii #aaith ,,congress #ast ,session ,s4 #afeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbe,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 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 #bjbe4 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 considering 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 ,increased penalties for lying and buying4,sec4 #ab4 ,amendments to section #ibd4,sec4 #ac4 ,study by the ,national ,institute of ,justice and ,national ,academy of ,sciences on the causes of mass shootings4,sec4 #ad4 ,reports to ,congress regarding ammunition purchases by ,federal agencies4,sec4 #ae4 ,reduction of ,byrne ,,jag funds for ,state failure to provide mental health records to ,,nics4,sec4 #af4 ,firearm commerce modernization4,sec4 #ag4 ,interstate transportation of firearms or ammunition4,sec4 #ah4 ,preventing duplicative grants4,sec4 #ai4 ,regional firearms trafficking task forces4 #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 covered firearms provision means section #ibb1 #ibd1 #icb1 or #icc of title #ah1 ,united ,states ,code1 or section #ehfa of the ,internal ,revenue ,code of #aihf2 7#c7 the term ,,nics means the ,national ,instant ,criminal ,background ,check ,system2 and 7#d7 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 #bjbf through #bjcj4 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 7,a7 ,in general ,beginning in the first fiscal year beginning after the date of enactment of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjbe1 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 7,b7 ,selection of grantees for audit ,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 #ajc 7#cd ,u4,s4,c4 #djiac7-- 7,a7 in subsection 7a77#a71 by striking and subject to section #ajb7;b77#a77;,b72 and 7,b7 in subsection 7e77#b77;,b77ii77,,ii71 by striking section #ajb7;b77#a77;,c7 and inserting 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#ci7 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 herself 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 herself 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 #djiaa7;c77#b77;,a71 #djiae74 7#dj7 ,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 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 hospital2 and 7,c7 in subsection 7s77#c77;,b77iv7-- 7i7 by striking as a mental defective and inserting mentally incompetent2 and 7ii7 by striking a mental institution and inserting a 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 considering 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 considering 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 mentally incompetent 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 considering certain persons as adjudicated mentally incompetent for certain purposes4 4 #g4 ,reports and certifications to ,congress 7a7 ,,nics reports ,not later than ,october #a1 #bjbf1 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 ,definition ,in this subsection1 the term covered firearms case means a 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 a covered firearms provision4 7#b7 ,report to congress ,not later than ,february #a1 #bjbf1 and ,february #a of every year thereafter through #bjce1 the ,attorney ,general shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives a report regarding covered firearms cases during the fiscal year that ended on ,september #cj of the preceding year4 7#c7 ,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#b71 information relating to any covered firearms case4 7#d7 ,elements of annual report ,the reports submitted under paragraph 7#b7 shall include1 for the fiscal year covered by the report-- 7,a7 a list of the covered firearms cases in which a decision has been made not to charge an individual with a violation of a covered firearms provision1 or any other violation of ,federal criminal law2 7,b7 in any covered firearms case described in subparagraph 7,a71 the reason that no charge was filed under a covered firearms provision2 7,c7 for each covered firearms case-- 7i7 whether an indictment1 information1 or other charge has been filed against any person or whether the matter is pending2 7ii7 if an indictment1 information1 or other charge has been filed1 whether the charging document contains #a or more counts alleging a violation of a covered firearms provision2 7iii7 if a charging document was filed that contains #a or more counts alleging a violation of a covered firearms provision1 whether a plea agreement of any kind has been entered into with the individual charged in the case2 7iv7 if a plea agreement has been entered-- 7,i7 whether the plea agreement required that the individual plead guilty or enter a plea of nolo contendere or otherwise caused a court to enter a conviction against that individual for a violation of a covered firearms provision2 and 7,,ii7 if the plea agreement did not require that the individual plead guilty or enter a plea of nolo contendere or otherwise cause a court to enter a conviction against that individual for a violation of a covered firearms provision1 the charges to which that individual did plead guilty2 7v7 if a charging document was filed that contains #a or more counts alleging a violation of a covered firearms provision1 the result of any trial of such charges 7guilty1 not guilty1 mistrial72 and 7vi7 if a charging document was filed that did not contain a count alleging a violation of a covered firearms provision1 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,d7 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,e7 the number of prosecutions conducted in relation to persons described in subparagraph 7,d74 #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 a covered firearms provision2 7#b7 provide for the establishment of agreements with ,state and local law enforcement officials for the referral for investigation or prosecution by the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives and the ,united ,states ,attorney of instances in which the ,state or local law enforcement officials determine that there is probable cause to believe that a person arrested by the officials has violated a covered firearms provision2 7#c7 provide for the establishment of multijurisdictional task forces1 coordinated by the ,executive ,office for ,united ,states ,attorneys to investigate and prosecute illegal straw purchasing rings that purchase firearms in #a 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 a covered firearms provision2 and 7#e7 ensure that each person referred to the ,united ,states ,attorney under paragraph 7#b7 be charged with a violation of the most serious covered firearms provision1 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 a violation of a covered firearms provision during the preceding year as a result of the program4 7#b7 ,the increase or decrease in the number of individuals indicted for a violation of a covered firearms provision during the preceding year as a result of the program when compared with the year before such preceding year4 7#c7 ,the number of individuals held without bond in anticipation of prosecution as a result of the program during the preceding year4 7#d7 ,to the extent the information is available1 the average length of prison sentence of the individuals convicted of a violation of a covered firearms provision as a result 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 a violation of a covered firearms provision4 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 #bjbf1 #bjbg1 and #bjbh1 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 covered firearms provisions in accordance with any agreement entered into under 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 covered firearms provisions in accordance with any agreement entered into under subsection 7b77#b71 with an emphasis on heightened enforcement and prosecution of straw purchasers under section #icb or #icc of title #ah1 ,united ,states ,code4 #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 twice per 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,i71 by striking and at the end2 7#b7 in subparagraph 7,j77ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,j7 and before the flush text the following3 7,k7 the investigation and prosecution of cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm1 in accordance with the direction provided under section #i of the ,protecting ,communities and ,preserving the ,second ,amendment ,act of #bjbe1 provided that-- 7i7 not more than #aj1jjj1jjj shall be available to the ,attorney ,general for each of fiscal years #bjbf through #bjcj 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 #bjbe4 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 ,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 #ab4 ,amendment to section #ibd7;a7 ,section #ibd7;a77#h7 of title #ah1 ,united ,states ,code1 is amended by striking 7d7 or 7g7 and inserting 7d71 7g71 or 7n74 #ac4 ,study by the ,national ,institute of ,justice and ,national ,academy of ,sciences on the causes of mass shootings 7a7 ,in general 7#a7 ,study 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general shall instruct the ,director of the ,national ,institute 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 7,b7 ,contract with the ,national ,academy of ,sciences ,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 ,director of the ,national ,institute of ,justice 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 played1 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 #ad4 ,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 ,budget shall submit to the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,chairs and ,ranking ,members of the ,committee on ,appropriations1 the ,committee on the ,judiciary1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,appropriations1 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security1 and the ,committee on ,oversight and ,accountability of the ,house of ,representatives1 a report including-- 7#a7 details of all purchases of ammunition by each ,federal agency during the preceding year2 7#b7 a summary of all purchases1 solicitations1 and expenditures on ammunition by each ,federal agency during the preceding year2 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 agency during the preceding year2 and 7#d7 an estimate of ammunition needs and purchases for each ,federal agency for the next fiscal year4 #ae4 ,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 #bjbe 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 #bjbe1 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 #af4 ,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 #ag4 ,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-- 7#a7 staying in temporary lodging overnight2 7#b7 stopping for food1 fuel1 vehicle maintenance1 an emergency1 or medical treatment2 and 7#c7 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 #ah4 ,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 7q7 ,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 purpose1 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 #ai4 ,regional firearms trafficking task forces 7a7 ,in general ,the ,attorney ,general shall establish or continue to maintain a firearms trafficking task force in each of the following field divisions of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives3 7#a7 ,the ,houston ,field ,division4 7#b7 ,the ,phoenix ,field ,division4 7#c7 ,the ,dallas ,field ,division4 7#d7 ,the ,los ,angeles ,field ,division4 7b7 ,staffing ,each firearms trafficking task force established or maintained under subsection 7a7 shall consist of no fewer than #ab special agents of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives4 7c7 ,duties ,each firearms trafficking task force established or maintained under subsection 7a7 shall investigate firearms trafficking1 with an emphasis on detecting and investigating violations of sections #icb and #icc of title #ah1 ,united ,states ,code4