S.Amdt. 727

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 649 · Placed on Calendar Senate

   SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

   (a) Short Title.--This Act may be cited as the "[struck: Safe Communities, Safe Schools][inserted: Gun Rights and Safety] Act of 2013".

   (b) Table of Contents.--The table of contents for this Act is as follows:

   Sec. 1. Short title; table of contents.

   Struck: TITLE I--FIX GUN CHECKS ACT

   Struck: Sec. 101. Short title.

   Struck: Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From Buying a Gun Are Listed in the National Instant Criminal Background Check System

   Struck: Sec. 111. Reauthorization of NICS Act Record Improvement Program grants.

   Show 69 more struck paragraphsShow less

   Struck: Sec. 112. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.

   Struck: Sec. 113. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System.

   Struck: Subtitle B--Requiring a Background Check for Every Firearm Sale

   Struck: Sec. 121. Purpose.

   Struck: Sec. 122. Firearms transfers.

   Struck: Sec. 123. Lost and stolen reporting.

   Struck: Sec. 124. Effective date.

   Struck: TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT

   Struck: Sec. 201. Short title.

   Struck: Sec. 202. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and firearms trafficking amendments.

   Struck: Sec. 203. Amendments to section 922(d).

   Struck: Sec. 204. Amendments to section 924(a).

   Struck: Sec. 205. Amendments to section 924(h).

   Struck: Sec. 206. Amendments to section 924(k).

   Struck: Sec. 207. Limitation on operations by the Department of Justice.

   Struck: TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT

   Struck: Sec. 301. Short title.

   Struck: Sec. 302. Grant program for school security.

   Struck: Sec. 303. Applications.

   Struck: Sec. 304. Authorization of appropriations.

   Struck: Sec. 305. Accountability.

   Struck: Sec. 306. CAMPUS Safety Act of 2013.

   Struck: TITLE I--FIX GUN CHECKS ACT

   Struck: SEC. 101. SHORT TITLE.

   Struck: This title may be cited as the "Fix Gun Checks Act of 2013".

   Struck: Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From Buying a Gun Are Listed in the National Instant Criminal Background Check System

   Struck: SEC. 111. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM GRANTS.

   Struck: (a) In General.--Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--

   Struck: (1) in paragraph (1)(C)--

   Struck: (A) by striking clauses (ii) and (iii); and

   Struck: (B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and

   Struck: (2) by striking paragraph (2) and inserting the following:

   Struck: "(2) Scope.--

   Struck: "(A) In general.--The Attorney General, in determining the compliance of a State under this section or section 104 for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the time period established by the Attorney General under subparagraph (B), which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.

   Struck: "(B) Regulations.--Not later than 1 year after the date of enactment of the Fix Gun Checks Act of 2013, the Attorney General shall, through regulation, establish the time period described in subparagraph (A).".

   Struck: (b) Implementation Assistance to States.--Section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--

   Struck: (1) by striking subsection (a)(1) and inserting the following:

   Struck: "(1) In general.--From amounts made available to carry out this section and subject to section 102(b)(1)(B), the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts to--

   Struck: "(A) establish and plan information and identification technologies for firearms eligibility determinations; and

   Struck: "(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.";

   Struck: (2) by striking subsections (b) and (c) and inserting the following:

   Struck: "(b) Use of Grant Amounts.--

   Struck: "(1) In general.--Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--

   Struck: "(A) create electronic systems, which provide accurate and up-to-date information that is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as 'NICS'), including court disposition and corrections records;

   Struck: "(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;

   Struck: "(C) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;

   Struck: "(D) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18, United States Code, to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;

   Struck: "(E) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; and

   Struck: "(F) collect and analyze data needed to demonstrate levels of State compliance with this Act.

   Struck: "(2) Additional uses.--

   Struck: "(A) In general.--In addition to the uses described in paragraph (1)--

   Struck: "(i) a grant awarded under subsection (a)(1)(A) may be used to assist States in establishing or enhancing a relief from disabilities program in accordance with section 105; and

   Struck: "(ii) a grant awarded under subsection (a)(1)(B) may be used to maintain the relief from disabilities program in accordance with section 105.

   Struck: "(B) Limitation.--Not less than 3 percent and not more than 10 percent of each grant awarded under subsection (a)(1)(B) shall be used for the purpose described in subparagraph (A)(i) of this paragraph.

   Struck: "(c) Eligibility.--To be eligible for a grant under section 103(a)(1)(B), a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with section 105."; and

   Struck: (3) by striking subsection (e) and inserting the following:

   Struck: "(e) Authorization of Appropriations.--

   Struck: "(1) In general.--There are to be authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2018.

   Struck: "(2) Limitations.--

   Struck: "(A) Use of amounts authorized.--Of the amounts authorized to be appropriated for each fiscal year under paragraph (1), not more than 30 percent may be used to carry out subsection (a)(1)(B).

   Struck: "(B) Allocations.--A State may not be awarded more than 2 grants under subsection (a)(1)(B).".

   Struck: SEC. 112. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

   Struck: (a) In General.--Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) and (2) and inserting the following:

   Struck: "(1) Discretionary reduction.--

   Struck: "(A) During the 2-year period beginning on the date on which the Attorney General publishes final rules required under section 102(b)(2)(B), the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.

   Struck: "(B) During the 3-year period after the expiration of the period described in subparagraph (A), the Attorney General may withhold 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.

   Struck: "(2) Mandatory reduction.--After the expiration of the period referred to in paragraph (1)(B), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.".

   Struck: (b) Reporting of State Compliance.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.

   Struck: SEC. 113. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

   Inserted: Sec. 2. Findings.

   Inserted: Sec. 3. Rule of construction.

   Inserted: TITLE I--CONSOLIDATING FEDERAL PROGRAMS AND ENSURING THAT ALL

   Inserted: INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

   Inserted: Sec. 101. Reauthorization of the National Criminal History Records Improvement Program.

   Inserted: Sec. 102. Improvement of metrics and incentives.

   Inserted: Sec. 103. Grants to states for improvement of coordination and automation of nics record reporting.

   Inserted: Sec. 104. Relief from disabilities program.

   Inserted: Sec. 105. Protecting the Second Amendment rights of veterans.

   Inserted: Sec. 106. Clarification that federal court information is to be made available to the national instant criminal background check system.

   Inserted: Sec. 107. Publication of NICS Index Statistics.

   Inserted: Sec. 108. Effective date.

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   Inserted: TITLE II--EXPANDING NICS CHECKS FOR THE SAFE TRANSFER OF FIREARMS

   Inserted: Sec. 201. Purpose.

   Inserted: Sec. 202. Firearms transfers.

   Inserted: Sec. 203. Prohibition on national gun registry; limitation on authorization to seize, copy, or reproduce records and documents.

   Inserted: Sec. 204. Authority to conduct interstate firearms transactions.

   Inserted: Sec. 205. Consolidating unnecessary duplicative and overlapping DOJ programs.

   Inserted: Sec. 206. Inspector General Report.

   Inserted: Sec. 207. Amendment to section 923(g)(5).

   Inserted: Sec. 208. Effective date.

   Inserted: SEC. 2. FINDINGS.

   Inserted: Congress finds the following:

   Inserted: (1) Congress supports and respects the right to bear arms guaranteed by the Second Amendment to the Constitution of the United States.

   Inserted: (2) Congress supports the privacy rights of gun owners in the United States, including the existing prohibition on a national firearms registry.

   Inserted: (3) Congress supports longstanding Federal law that prohibits convicted felons and those with dangerous mental illnesses from purchasing or possessing a firearm, along with the national instant criminal background check system to help prevent these persons from procuring firearms in the primary market.

   Inserted: (4) Congress recognizes an inconsistency in Federal law, where a prohibited purchaser is prohibited from accessing firearms at a gun store, but can easily procure a firearm at a gun show, flea market, or through an Internet advertisement.

   Inserted: (5) Congress and the citizens of the United States agree that in order to promote safe and responsible gun ownership, violent criminals and the dangerously mentally ill should be prohibited from possessing firearms and therefore, it should be incumbent upon Congress to empower law abiding citizens to prevent the transfer of weapons to such people.

   Inserted: (6) There are deficits in the background check system in existence prior to the date of enactment of this Act and the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records.

   Inserted: SEC. 3. RULE OF CONSTRUCTION.

   Inserted: Nothing in this Act, or any amendment made by this Act, shall be construed to--

   Inserted: (1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

   Inserted: (2) allow the establishment, directly or indirectly, of a Federal firearms registry; or

   Inserted: (3) infringe on the right of law-abiding citizens to keep and bear arms as explicitly guaranteed by the Second Amendment to the Constitution of the United States, which every Member of Congress has taken an oath to support and defend.

   Inserted: TITLE I--CONSOLIDATING FEDERAL PROGRAMS AND ENSURING THAT ALL

   Inserted: INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

   Inserted: SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS IMPROVEMENT PROGRAM.

   Inserted: Section 106(b)(2) of Public Law 103-159 (18 U.S.C. 922 note) is amended by striking "a total of $200,000,000 for fiscal year 1994 and all fiscal years thereafter" and inserting "$25,000,000 for each of fiscal years 2014 through 2017".

   Inserted: SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

   Inserted: (a) In General.--Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:

   Inserted: "(b) Implementation Plan.--

   Inserted: "(1) In general.--Not later than 1 year after the date of enactment of the Gun Rights and Safety Act of 2013, States and Indian tribal government, in coordination with the Attorney General, may establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System.

   Inserted: "(2) Benchmark requirements.--Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess implementation of the 4-year plan.

   Inserted: "(3) Penalties for non-compliance.--

   Inserted: "(A) In general.--During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold--

   Inserted: "(i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the first year in the 4-year period;

   Inserted: "(ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the second year in the 4-year period;

   Inserted: "(iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the third year in the 4-year period; and

   Inserted: "(iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the fourth year in the 4-year period.

   Inserted: "(B) Failure to establish a plan.--If a State fails to establish a plan under paragraph (1)--

   Inserted: "(i) the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to the State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755); and

   Inserted: "(ii) the State shall be ineligible to receive any grant funds under section 106(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) or under section 103 of this Act.".

   Inserted: (b) Technical and Conforming Amendment.--Section 106(b)(1) of Public Law 103-159 (18 U.S.C. 922 note) is amended by inserting "that has established an implementation plan under section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note)" after "each State".

   Inserted: SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING.

   Inserted: (a) In General.--The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--

   Inserted: (1) by striking section 103 and inserting the following:

   Inserted: "SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING.

   Inserted: "(a) Authorization.--

   Inserted: "(1) In general.--From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian Tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation , and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian Tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program.

   Inserted: "(2) Limitation on eligibility.--A State may not be awarded a grant under paragraph (1) unless the State establishes an implementation plan under section 102(b).

   Inserted: "(b) Use of Grant Amounts.--Grants awarded to States, Indian Tribal governments, or State court systems under this section may only be used to--

   Inserted: "(1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian Tribal government for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories;

   Inserted: "(2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories;

   Inserted: "(3) create electronic systems that provide accurate and up-to-do information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records;

   Inserted: "(4) assist States or Indian Tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and

   Inserted: "(5) develop and maintain the relief from disabilities program in accordance with section 105.

   Inserted: "(c) Eligibility.--

   Inserted: "(1) In general.--To be eligible for a grant under this section, a State, Indian Tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian Tribal government, or State court system--

   Inserted: "(A) is not prohibited by State law or court order to submit mental health records to the National Instant Criminal Background Check System; and

   Inserted: "(B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105.

   Inserted: "(2) Relief from disabilities program.--For purposes of obtaining a grant under this section, a State, Indian Tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Gun Rights and Safety Act of 2013.

   Inserted: "(d) Federal Share.--

   Inserted: "(1) Studies, assessments, non-material activities.--The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent.

   Inserted: "(2) Infrastructure or system development.--The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity.

   Inserted: "(e) Grants to Indian Tribes.--Up to 2 percent of the grant funding available under this section may be reserved for reservation-based Indian tribal governments for use by Indian tribal judicial systems.

   Inserted: "(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2017.";

   Inserted: (2) by striking title III; and

   Inserted: (3) in section 401(b), by inserting after "of this Act" the following: "and 18 months after the date of enactment of the Gun Rights and Safety Act of 2013".

   Inserted: (b) Technical and Conforming Amendment.--The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking the item relating to section 103 and inserting the following:

   Inserted: "Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting.".

   Inserted: SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

   Inserted: Section 105 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by adding at the end the following:

   Inserted: "(c) Penalties for Non-compliance.--

   Inserted: "(1) 10 percent reduction.--During the 1-year period beginning 1 year after the date of enactment of the Gun Rights and Safety Act of 2013, the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

   Inserted: "(2) 11 percent reduction.--During the 1-year period after the expiration of the period described in paragraph (1), the Attorney General shall withhold 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

   Inserted: "(3) 13 percent reduction.--During the 1-year period after the expiration of the period described in paragraph (2), the Attorney General shall withhold 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

   Inserted: "(4) 15 percent reduction.--After the expiration of the 1-year period described in paragraph (3), the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.".

   Inserted: SEC. 105. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.

   Inserted: (a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

   Inserted: "(a) In General.--In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18, until--

   Inserted: "(1) in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or

   Inserted: "(2) in the case in which the person requests a review as described in paragraph (1) of subsection (c), upon an assessment by the board designated or established under paragraph (2) of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

   Inserted: "(b) Notice.--Notice submitted under this subsection to a person described in subsection (a) is notice submitted by the Secretary that notifies the person of the following:

   Inserted: "(1) The determination made by the Secretary.

   Inserted: "(2) A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18.

   Inserted: "(3) The person's right to request a review under subsection (c)(1).

   Inserted: "(c) Administrative Review.--(1) Not later than 30 days after the date on which a person described in subsection (a) receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph (2) or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person's honorable discharge or decoration.

   Inserted: "(2) Not later than 180 days after the date of enactment of the Gun Rights and Safety Act of 2013, the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

   Inserted: "(d) Judicial Review.--A person may file a petition with a Federal court of competent jurisdiction for judicial review of an assessment of the person under subsection (c) by the board designated or established under paragraph (2).

   Inserted: "(e) Protecting Rights of Veterans With Existing Records.--Not later than 90 days after the date of enactment of the Gun Rights and Safety Act of 2013, the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection (c) to all persons who, on the date of enactment of the Gun Rights and Safety Act of 2013, are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department of Veterans Affairs to be mentally incompetent.

   Inserted: "(f) Future Determinations.--

   Inserted: "(1) In general.--Not later than 180 days after the enactment of the Gun Rights and Safety Act of 2013, the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18.

   Inserted: "(2) Report.--Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

   Inserted: "5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.".

   Inserted: (c) Applicability.--Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to section 5511(e) of such title shall be entitled to use the administrative review under section 5511(c) of such title and, as necessary, the subsequent judicial review under section 5511(d) of such title.

   Inserted: SEC. 106. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

   Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the following:

   "(F) Application to federal courts.--In this [struck: paragraph][inserted: subsection]--

   "(i) the terms 'department or agency of the United States' and 'Federal department or agency' include a Federal court; and

   "(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.".

   Struck: Subtitle B--Requiring a Background Check for Every Firearm Sale

   Struck: SEC. 121. PURPOSE.

   Struck: The purpose of this subtitle is to extend the Brady Law background check procedures to all sales and transfers of firearms.

   Struck: SEC. 122. FIREARMS TRANSFERS.

   Inserted: SEC. 107. PUBLICATION OF NICS INDEX STATISTICS.

   Inserted: Not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Attorney General shall make the National Instant Criminal Background Check System index statistics available on a publically accessible Internet website.

   Inserted: SEC. 108. EFFECTIVE DATE.

   Inserted: The amendments made by this title shall take effect 180 days after the date of enactment of this Act.

   Inserted: TITLE II--EXPANDING NICS CHECKS FOR THE SAFE TRANSFER OF FIREARMS

   Inserted: SEC. 201. PURPOSE.

   Inserted: The purpose of this title is to extend check procedures under the National Instant Criminal Background Check System to promote the safe transfer of firearms in the secondary market.

   Inserted: SEC. 202. FIREARMS TRANSFERS.

   (a) In General.--Section 922 of title 18, United States Code, is amended--

   (1) by repealing subsection (s);

   2 unchanged paragraphsHide unchanged text

   (2) by redesignating subsection (t) as subsection (s);

   (3) in subsection (s), as redesignated--

   (A) in paragraph (3)(C)(ii), by striking "(as defined in subsection (s)(8))"; and

   (B) by adding at the end the following:

   "(7) In this subsection, the term 'chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.[struck: "; and]

   Inserted: "(8) The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection."; and

   (4) by inserting after subsection (s), as redesignated, the following:

   Struck: "(t)(1) Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.

   Struck: "(2) Paragraph (1) shall not apply to--

   Struck: "(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;

   Struck: "(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;

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   Struck: "(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if--

   Struck: "(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;

   Struck: "(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and

   Struck: "(iii) the transfer has a duration of less than 7 days; and

   Struck: "(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--

   Struck: "(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;

   Struck: "(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or

   Struck: "(iii) while hunting or trapping, if--

   Struck: "(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;

   Struck: "(II) the temporary transfer of possession occurs during the designated hunting season; and

   Struck: "(III) the unlicensed transferee holds any required license or permit.

   "([struck: 3][inserted: t])[struck: For purposes of ][inserted: (1) In ]this subsection, the term '[inserted: covered ]transfer'--

   Struck: "(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and

   Struck: "(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.

   Struck: "(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

   Struck: "(B) Regulations promulgated under this paragraph--

   Show 3 more struck paragraphsShow less

   Struck: "(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and

   Struck: "(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).".

   Struck: (b) Technical and Conforming Amendments.--

   Inserted: "(A) means a transfer that the transferor, the transferee, or both intends to be permanent, including a transfer by sale, pledge, trade, gift, or consignment; and

   Inserted: "(B) does not include--

   Inserted: "(i) a transfer between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law;

   Inserted: "(ii) a transfer made from a decedent's estate by bequest, intestate succession, or by operation of law; or

   Inserted: "(iii) a temporary transfer of a firearm, unless the transferor knows or has reason to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law.

   Inserted: "(2) Beginning on the date that is 18 months after the date of enactment of the Gun Rights and Safety Act of 2013 or 30 days after the date on which the consumer portal established under paragraph (3) is operational, whichever is later, it shall be unlawful for any person who is not licensed under this chapter to make a covered transfer of a firearm to any other person who is not licensed under this chapter, unless--

   Inserted: "(A) the covered transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), if upon taking possession of the firearm, the licensee complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee;

   Inserted: "(B) the covered transfer is made in accordance with regulations promulgated by the Attorney General under paragraph (3) and after the unlicensed transferee has undergone a background check;

   Inserted: "(C) the covered transfer is made--

   Inserted: "(i) after the transferee has presented to the transferor a permit for transfer of a firearm that--

   Inserted: "(I) allows the transferee to possess, acquire, or carry a firearm; and

   Inserted: "(II) was issued not more than 5 years earlier by the State, or political subdivision thereof, in which the transfer is to take place; and

   Show 70 more inserted paragraphsShow less

   Inserted: "(ii) in a State in which the law of the State allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; or

   Inserted: "(D) if the State in which the covered transfer takes place has enacted legislation that requires an unlicensed transferor to comply with subsection (s) before the transfer takes place to assure the unlicensed transferee is not prohibited from receiving or possessing a firearm--

   Inserted: "(i) the covered transfer is made between an unlicensed transferor and an unlicensed transferee who reside in the same State, and takes place in such State; or

   Inserted: "(ii) if the unlicensed transferor and the unlicensed transferee reside in different States and the States have entered into a reciprocal agreement, the covered transfer takes place in either of such States.

   Inserted: "(3)(A) Not later than 2 years after the date of enactment of the Gun Rights and Safety Act of 2013, the Attorney General shall, using competitive bidding practices, authorize the establishment of an Internet-based, consumer portal that will allow a person who is not licensed under this chapter to run a self-background check using the National Instant Criminal Background Check System for the purpose of conducting a covered transfer under this subsection.

   Inserted: "(B) In authorizing the establishment of the consumer portal required under subparagraph (A), the Attorney General shall ensure that--

   Inserted: "(i) the consumer portal may be accessed through an Internet website, mobile application, or other means determined appropriate by the Attorney General;

   Inserted: "(ii) an unlicensed transferee who completes a background check using the consumer portal and would not be in violation of subsection (g) or (n) of section 922 or of State law by receiving a firearm shall be provided a temporary permit, valid for a 30-day period beginning on the date on which the background check is completed, that--

   Inserted: "(I) signifies that the unlicensed transferee is not prohibited from legally purchasing or possessing a firearm; and

   Inserted: "(II) may be used, during the 30-day period, by the unlicensed transferee for a covered transfer of a firearm under this subsection, in compliance with any applicable State or Federal law;

   Inserted: "(iii) the temporary permit described in clause (ii) shall--

   Inserted: "(I) be made available to the unlicensed transferee as an electronic printable document and be accessible through an Internet website, mobile application, or other means determined appropriate by the Attorney General; and

   Inserted: "(II) contain--

   Inserted: "(aa) the name of the unlicensed transferee;

   Inserted: "(bb) the date of expiration of the permit;

   Inserted: "(cc) a unique pin number that can be used to verify the validity of the permit by the unlicensed transferor of a firearm; and

   Inserted: "(dd) any other protections necessary to prevent fraud;

   Inserted: "(iv) the consumer portal be designed in a manner that allows for maximum privacy and security protections so that a user of the consumer portal may only run a self-background check and not run a background check on any other person;

   Inserted: "(v) any personally identifiable information obtained by the consumer portal from an individual, including names, physical locations, mailing addresses, Internet protocol addresses, and other unique identifiers, shall be destroyed within 24 hours from the time at which the information was obtained, except for--

   Inserted: "(I) information required for the unlicensed transferor to verify the validity of the permit, including--

   Inserted: "(aa) the unique serial number assigned to a temporary permit; and

   Inserted: "(bb) the date of birth associated with the unique serial number; and

   Inserted: "(II) any record of a person who--

   Inserted: "(aa) attempts to complete a background check; and

   Inserted: "(bb) would be in violation of subsection (g) or (n) of section 922 if the person received or possessed a firearm; and

   Inserted: "(vi) any information described in clause (v)(I) shall be destroyed at the end of the 30-day period described in clause (ii).

   Inserted: "(4)(A) Notwithstanding any other provision of this chapter, except for section 923(m), the Attorney General may implement this subsection with regulations.

   Inserted: "(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (2)(A).

   Inserted: "(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.

   Inserted: "(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraphs (2)(A).

   Inserted: "(5) No department, agency, officer, or employee of the United States may--

   Inserted: "(A) require that any record or portion thereof generated by a consumer portal be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or

   Inserted: "(B) use a consumer portal to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922 (g) or (n) of title 18, United States Code or State law, from receiving a firearm.

   Inserted: "(6) The Attorney General shall establish, and make available to the public, a sample form, which may be used, on a voluntary basis, by a transferor to document information relating to each firearm transfer conducted by the transferor, for the purpose of assisting law enforcement officers during a criminal investigation.

   Inserted: "(7)(A) If the consumer portal established under this subsection is shut down for a period of more than 7 days, this subsection shall have no force or effect during the period for which the consumer portal is non-operational.

   Inserted: "(B) If the consumer portal established under this subsection is ever permanently shut down or defunded, this subsection shall have no force or effect beginning on the date on which the consumer portal is non-operational.

   Inserted: "(8)(A) Subject to subparagraph (B), paragraph (2) shall not apply to a covered transfer described in subparagraph (D) in a State that has enacted legislation that--

   Inserted: "(i) establishes requirements for background checks for covered transfers described in subparagraph (D) that are similar to the requirements described in this subsection; and

   Inserted: "(ii) allows for the State to have primary enforcement authority of covered transfers described in subparagraph (D) occurring within the State.

   Inserted: "(B) If the Attorney General determines that legislation enacted by a State does not establish requirements for background checks for covered transfers described in subparagraph (D) that are similar to the requirements described in this subsection--

   Inserted: "(i) the Attorney General shall notify the State of the determination; and

   Inserted: "(ii) beginning on the date that is 1 year after the date on which the Attorney General notifies the State under clause (i), paragraph (2) shall apply to a covered transfer in the State unless the State has enacted legislation that establishes requirements for background checks for covered transfers that are, in the determination of the Attorney General, similar to the requirements described in this subsection.

   Inserted: "(C) In establishing requirements that are similar to the requirements under this subsection, a State--

   Inserted: "(i) may allow for geographic or technological exemptions for rural areas within the State that are remote and lack the technological capabilities needed to access the consumer portal; and

   Inserted: "(ii) may impose penalties for violations of the requirements established by the State that are stronger than the penalties imposed under this chapter for violations of the requirements under this subsection.

   Inserted: "(D) A covered transfer described in this subparagraph is a covered transfer between an unlicensed transferor and an unlicensed transferee that occurs--

   Inserted: "(i) at any venue where firearms transactions take place or where firearms transferors or transferees are brought together, including at a gun show or event, or on the curtilage thereof; or

   Inserted: "(ii) pursuant to an advertisement, posting, display, or other public listing on the Internet, in a publication, at a forum, or in any manner accessible to the general public by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.".

   Inserted: (b) Accountability.--

   Inserted: (1) In general.--

   Inserted: (A) Audits of background checks conducted for licensee sales.--Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the date on which the Inspector General of the Department of Justice begins conducting audits under subparagraph (B), the Inspector General of the Department of Justice shall conduct an audit of the process of background checks conducted for the purposes of a transfer of a firearm under subsection (s) of section 922 of title 18, United States Code, as redesignated by subsection (a)(2) of this section, to--

   Inserted: (i) prevent waste, fraud, and abuse of the background check system; and

   Inserted: (ii) ensure compliance with the requirement to destroy certain information within 24 hours under section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note).

   Inserted: (B) Audits of all background checks.--Not later than 90 days after the date on which the prohibition under subsection (t)(2) of section 922 of title 18, United States Code, (as added by subsection (a)(4) of this section) takes effect, and every 90 days thereafter, the Inspector General of the Department of Justice shall conduct an audit of the process of background checks conducted for the purposes of a transfer of a firearm under subsection (s) or (t) of section 922 of title 18, United States Code, as amended by subsection (a) of this section, to--

   Inserted: (i) prevent waste, fraud, and abuse of the background check system; and

   Inserted: (ii) ensure compliance with the requirement to destroy certain information within 24 hours under--

   Inserted: (I) section 922(t)(3)(B)(v) of title 18, United States Code; and

   Inserted: (II) section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note).

   Inserted: (2) Report to congress.--The Inspector General of the Department of Justice shall--

   Inserted: (A) submit a report describing the results of each audit conducted under this paragraph to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and

   Inserted: (B) publish each report submitted under subparagraph (A) on the homepage of the official public website of the Department of Justice.

   Inserted: (c) Penalties.--Section 924(a)(5) of title 18, United States Code, is amended--

   Inserted: (1) by inserting "(A)" after "(5)";

   Inserted: (2) by striking "or (t)"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(B) Whoever knowingly violates subsection (t) of section 922--

   Inserted: "(i) shall be fined not more than $1,000; and

   Inserted: "(ii) in the case of a second or subsequent violation, shall be fined under this title, imprisoned not more than 3 years, or both.

   Inserted: "(C) Whoever knowingly uses the consumer portal established under paragraph (3) of section 922(t) for any purpose other than the purpose described in subparagraph (B)(iv) of such paragraph shall be fined under this title, imprisoned not more than 1 year, or both.".

   Inserted: (d) Technical and Conforming Amendment.--

   (1) Section 922.--Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking ", (g)(5)(B), and (s)(3)(B)(v)(II)" and inserting "and (g)(5)(B)".

   (2) [struck: Section 925a][inserted: Consolidated and further continuing appropriations act, 2012].--Section [struck: 925A][inserted: 511] of title [struck: 18, United States Code, is amended, in the matter preceding paragraph ][inserted: V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ]([struck: 1][inserted: 18 U.S.C. 922 note])[struck: , ][inserted: is amended ]by striking "subsection [inserted: 922]([struck: s) or (]t)[struck: of section 922]" and inserting "section 922(s)"[inserted: each place it appears].

   Struck: (3) NICS improvement amendments act.--Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking "section 922(t)" and inserting "section 922(s)".

   Struck: (4) Consolidated and further continuing appropriations act, 2012.--Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking "subsection 922(t)" and inserting "section 922(s)" each place it appears.

   Struck: SEC. 123. LOST AND STOLEN REPORTING.

   Struck: (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end--

   Show 76 more struck paragraphsShow less

   Struck: "(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.".

   Struck: (b) Penalty.--Section 924(a)(1) of title 18, United States Code, is amended by striking subparagraph (B) and inserting the following:

   Struck: "(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;".

   Struck: SEC. 124. EFFECTIVE DATE.

   Struck: The amendments made by this title shall take effect 180 days after the date of enactment of this Act.

   Struck: TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT

   Struck: SEC. 201. SHORT TITLE.

   Struck: This title may be cited as the "Stop Illegal Trafficking in Firearms Act of 2013".

   Struck: SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.

   Struck: (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

   Struck: "Sec. 932. Straw purchasing of firearms

   Struck: "(a) For purposes of this section--

   Struck: "(1) the term 'crime of violence' has the meaning given that term in section 924(c)(3);

   Struck: "(2) the term 'drug trafficking crime' has the meaning given that term in section 924(c)(2); and

   Struck: "(3) the term 'purchase' includes the receipt of any firearm by a person who does not own the firearm--

   Struck: "(A) by way of pledge or pawn as security for the payment or repayment of money; or

   Struck: "(B) on consignment.

   Struck: "(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce--

   Struck: "(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or

   Struck: "(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person--

   Struck: "(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;

   Struck: "(B) is a fugitive from justice;

   Struck: "(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

   Struck: "(D) has been adjudicated as a mental defective or has been committed to any mental institution;

   Struck: "(E) is an alien who--

   Struck: "(i) is illegally or unlawfully in the United States; or

   Struck: "(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));

   Struck: "(F) has been discharged from the Armed Forces under dishonorable conditions;

   Struck: "(G) having been a citizen of the United States, has renounced his or her citizenship;

   Struck: "(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that--

   Struck: "(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

   Struck: "(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

   Struck: "(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

   Struck: "(I) has been convicted in any court of a misdemeanor crime of domestic violence;

   Struck: "(J) intends to--

   Struck: "(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or

   Struck: "(ii) export the firearm or ammunition in violation of law;

   Struck: "(K)(i) does not reside in any State; and

   Struck: "(ii) is not a citizen of the United States; or

   Struck: "(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K).

   Struck: "(c)(1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both.

   Struck: "(2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years.

   Struck: "(d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person--

   Struck: "(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or

   Struck: "(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm.

   Struck: "Sec. 933. Trafficking in firearms

   Struck: "(a) It shall be unlawful for any person to--

   Struck: "(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year;

   Struck: "(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or

   Struck: "(3) attempt or conspire to commit the conduct described in paragraph (1) or (2).

   Struck: "(b)(1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both.

   Struck: "(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years.

   Struck: "Sec. 934. Forfeiture and fines

   Struck: "(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law--

   Struck: "(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

   Struck: "(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

   Struck: "(2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1).

   Struck: "(b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of--

   Struck: "(1) the fine otherwise authorized by this part; and

   Struck: "(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.".

   Struck: (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking "and 924" and inserting ", 924, 932, or 933".

   Struck: (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting "section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms)," before "section 1028".

   Struck: (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking "section 924(n)" and inserting "section 924(n), 932, or 933".

   Struck: (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, 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 offenses. 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 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual.

   Struck: (f) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:

   Struck: "932. Straw purchasing of firearms. "933. Trafficking in firearms. "934. Forfeiture and fines.".

   Struck: SEC. 203. AMENDMENTS TO SECTION 922(D).

   Struck: Section 922(d) of title 18, United States Code, is amended--

   Struck: (1) in paragraph (8), by striking "or" at the end;

   Struck: (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and

   Struck: (3) by striking the matter following paragraph (9) and inserting the following:

   Struck: "(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or

   Struck: "(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.".

   Struck: SEC. 204. AMENDMENTS TO SECTION 924(A).

   Struck: Section 924(a) of title 18, United States Code, is amended--

   Struck: (1) in paragraph (2), by striking "(d), (g),"; and

   Inserted: (e) Sunset.--Effective on the date that is 5 years after the effective date of the amendments made by this section--

   Inserted: (1) this section is repealed;

   Inserted: (2) each provision of law amended by this section is amended to read as such provision read on the day before the effective date of the amendments made by this section; and

   Inserted: (3) section 923(m) of title 18, United States Code, as added by section 203(a) of this Act, is amended to read as follows:

   Inserted: "(m) The Attorney General and any department or agency of the United States may not consolidate or centralize the records of the--

   Inserted: "(1) acquisition or disposition of firearms, or any portion thereof, maintained by a person licensed under this chapter; or

   Inserted: "(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.".

   Inserted: SEC. 203. PROHIBITION ON NATIONAL GUN REGISTRY; LIMITATION ON AUTHORIZATION TO SEIZE, COPY, OR REPRODUCE RECORDS AND DOCUMENTS.

   Inserted: (a) Prohibition of National Gun Registry.--Section 923 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "(m) The Attorney General and any department or agency of the United States may not consolidate or centralize the records of the--

   Inserted: "(1) acquisition or disposition of firearms, or any portion thereof, maintained by--

   Inserted: "(A) a person licensed under this chapter;

   Show 28 more inserted paragraphsShow less

   Inserted: "(B) an unlicensed transferor under section 922(t); or

   Inserted: "(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.".

   Inserted: (b) Penalty.--Section 924 of title 18, United States Code, as amended by section 202(c) of this Act, is amended by adding at the end the following:

   Inserted: "(q) Improper Use of Storage of Records.--Any person who knowingly violates section 923(m) shall be fined under this title, imprisoned not more than 15 years, or both.".

   Inserted: (c) Limitation on Authorization to Seize, Copy, or Reproduce Records and Documents.--Section 923 of title 18, United States Code, as amended by section 202(b) of this Act, is amended by adding at the end the following:

   Inserted: "(n)(1) An officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosive may only seize, copy, or reproduce a record or document of a person licensed under this chapter, an unlicensed transferor of a firearm, or an unlicensed transferee of a firearm if the record or document--

   Inserted: "(A) constitutes material evidence of a violation of law; or

   Inserted: "(B) is necessary in the conduct of a bona fide criminal investigation.

   Inserted: "(2) If any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives violates paragraph (1), the Attorney General--

   Inserted: "(A) shall impose a civil penalty of $1,000 on the officer for a first violation; and

   Inserted: "(B) shall terminate the officer for a second violation.

   Inserted: "(3)(A) It shall be unlawful for any person who is an officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to violate paragraph (1).

   Inserted: "(B) Any person who violates subparagraph (A)--

   Inserted: "(i) for a first offense, shall be fined $1,000; and

   Inserted: "(ii) for a subsequent offense, shall be fined under this title, imprisoned for not less than 1 year, or both.".

   Inserted: SEC. 204. AUTHORITY TO CONDUCT INTERSTATE FIREARMS TRANSACTIONS.

   Inserted: (a) Firearms Dispositions.--Section 922(b)(3) of title 18, United States Code, is amended--

   Inserted: (1) in the matter preceding subparagraph (A), by striking "located" and inserting "located or temporarily located"; and

   Inserted: (2) in subparagraph (A)--

   Inserted: (A) by striking "rifle or shotgun" and inserting "firearm";

   Inserted: (B) by striking "located" and inserting "located or temporarily located"; and

   Inserted: (C) by striking "both such States" and inserting "the State in which the transfer is conducted and the State of residence of the transferee".

   Inserted: (b) Dealer Location.--Section 923 of title 18, United States code, as amended by section 203(a) of this Act, is amended--

   Inserted: (1) in subsection (j)--

   Inserted: (A) in the first sentence, by striking ", and such location is in the State which is specified on the license"; and

   Inserted: (B) in the last sentence--

   Inserted: (i) by inserting "transfer," after "sell,"; and

   Inserted: (ii) by striking all that follows "Act" and inserting a period; and

   (2) by adding at the end the following:

   Struck: "(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.".

   Struck: SEC. 205. AMENDMENTS TO SECTION 924(H).

   Struck: Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following:

   Struck: "(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both.

   Show 102 more struck paragraphsShow less

   Struck: "(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.".

   Struck: SEC. 206. AMENDMENTS TO SECTION 924(K).

   Struck: Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following:

   Struck: "(k)(1) A person who, with intent to engage in or to promote conduct that--

   Struck: "(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;

   Struck: "(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or

   Struck: "(C) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.

   Struck: "(2) A person who, with intent to engage in or to promote conduct that--

   Struck: "(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or

   Struck: "(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.".

   Struck: SEC. 207. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.

   Struck: The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct any operation where a Federal firearms licensee is directed, instructed, enticed, or otherwise encouraged by the Department of Justice to sell a firearm to an individual if the Department of Justice, or a coordinate agency, knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally reviews and approves the operation, in writing, 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 firearms.

   Struck: TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT

   Struck: SEC. 301. SHORT TITLE.

   Struck: This title may be cited as the "School and Campus Safety Enhancements Act of 2013".

   Struck: SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY.

   Struck: Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended--

   Struck: (1) in subsection (b)--

   Struck: (A) in paragraph (1)--

   Struck: (i) by striking "Placement" and inserting "Installation"; and

   Struck: (ii) by inserting "surveillance equipment," after "detectors,";

   Struck: (B) by redesignating paragraph (5) as paragraph (6); and

   Struck: (C) by inserting after paragraph (4) the following:

   Struck: "(5) Establishment of hotlines or tiplines for the reporting of potentially dangerous students and situations."; and

   Struck: (2) by adding at the end the following:

   Struck: "(g) Interagency Task Force.--

   Struck: "(1) Establishment.--Not later than 60 days after the date of enactment of the School and Campus Safety Enhancements Act of 2013, the Director and the Secretary of Education, or the designee of the Secretary, shall establish an interagency task force to develop and promulgate a set of advisory school safety guidelines.

   Struck: "(2) Publication of guidelines.--Not later than 1 year after the date of enactment of the School and Campus Safety Enhancements Act of 2013, the advisory school safety guidelines promulgated by the interagency task force shall be published in the Federal Register.

   Struck: "(3) Required consultation.--In developing the final advisory school safety guidelines under this subsection, the interagency task force shall consult with stakeholders and interested parties, including parents, teachers, and agencies.".

   Struck: SEC. 303. APPLICATIONS.

   Struck: Section 2702(a)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:

   Struck: "(2) be accompanied by a report--

   Struck: "(A) signed by the heads of each law enforcement agency and school district with jurisdiction over the schools where the safety improvements will be implemented; and

   Struck: "(B) demonstrating that each proposed use of the grant funds will be--

   Struck: "(i) an effective means for improving the safety of 1 or more schools;

   Struck: "(ii) consistent with a comprehensive approach to preventing school violence; and

   Struck: "(iii) individualized to the needs of each school at which those improvements are to be made.".

   Struck: SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

   Struck: Section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended--

   Struck: (1) by striking "$30,000,000" and inserting "$40,000,000"; and

   Struck: (2) by striking "2001 through 2009" and inserting "2014 through 2023".

   Struck: SEC. 305. ACCOUNTABILITY.

   Struck: Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a), as amended by section 302, is amended by adding at the end the following:

   Struck: "(h) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions:

   Struck: "(1) Audit requirement.--

   Struck: "(A) Definition.--In this paragraph, 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 12 months from the date when the final audit report is issued.

   Struck: "(B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.

   Struck: "(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).

   Struck: "(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.

   Struck: "(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall--

   Struck: "(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

   Struck: "(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

   Struck: "(2) Nonprofit organization requirements.--

   Struck: "(A) Definition.--For purposes of this paragraph and the grant programs under this part, the term 'nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

   Struck: "(B) Prohibition.--The Attorney General may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.

   Struck: "(C) Disclosure.--Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection.

   Struck: "(3) Conference expenditures.--

   Struck: "(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this part may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host the conference.

   Struck: "(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.

   Struck: "(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph.

   Struck: "(4) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, 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, an annual certification--

   Struck: "(A) indicating whether--

   Struck: "(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;

   Struck: "(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and

   Struck: "(iii) all reimbursements required under paragraph (1)(E) have been made; and

   Struck: "(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.".

   Struck: SEC. 306. CAMPUS SAFETY ACT OF 2013.

   Struck: (a) Short Title.--This section may be cited as the "Center to Advance, Monitor, and Preserve University Security Safety Act of 2013" or the "CAMPUS Safety Act of 2013".

   Struck: (b) National Center for Campus Public Safety.--Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended--

   Struck: (1) in section 501 (42 U.S.C. 3751)--

   Struck: (A) in subsection (a)(1)--

   Struck: (i) in the matter preceding subparagraph (A), by inserting "or purposes" after "one or more of the following programs"; and

   Struck: (ii) by adding at the end the following:

   Struck: "(H) Making subawards to institutions of higher education and other nonprofit organizations to assist the National Center for Campus Public Safety in carrying out the functions of the Center required under section 509(c)."; and

   Struck: (B) in subsection (b)--

   Struck: (i) in paragraph (1), by striking "or" at the end;

   Struck: (ii) in paragraph (2), by striking the period and inserting "; or"; and

   Struck: (iii) by adding at the end the following:

   Struck: "(3) institutions of higher education and other nonprofit organizations, for purposes of carrying out section 509."; and

   Struck: (2) by adding at the end the following:

   Struck: "SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.

   Struck: "(a) Definition of Institution of Higher Education.--In this section, the term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

   Struck: "(b) Authority To Establish and Operate Center.--The Attorney General may establish and operate a National Center for Campus Public Safety (referred to in this section as the 'Center').

   Struck: "(c) Functions of the Center.--The Center shall--

   Struck: "(1) provide quality education and training for public safety personnel of institutions of higher education and their collaborative partners, including campus mental health agencies;

   Struck: "(2) foster quality research to strengthen the safety and security of institutions of higher education;

   Struck: "(3) serve as a clearinghouse for the identification and dissemination of information, policies, protocols, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures;

   Struck: "(4) coordinate with the Secretary of Homeland Security, the Secretary of Education, State, local and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to develop protocols and best practices to prevent, protect against and respond to dangerous and violent situations involving an immediate threat to the safety of the campus community;

   Struck: "(5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence;

   Struck: "(6) identify campus safety information (including ways to increase off-campus housing safety) and identify resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations;

   Struck: "(7) promote cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among public safety and emergency management personnel of institutions of higher education and their campus- and non- campus-based collaborative partners, including law enforcement, emergency management, mental health services, and other relevant agencies;

   Struck: "(8) disseminate standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and

   Struck: "(9) report annually to Congress on activities performed by the Center during the previous 12 months.

   Struck: "(d) Coordination With Available Resources.--In establishing the Center, the Attorney General shall--

   Struck: "(1) coordinate with the Secretary of Homeland Security, the Secretary of Education, and appropriate State or territory officials;

   Struck: "(2) ensure coordination with campus public safety resources within the Department of Homeland Security, including within the Federal Emergency Management Agency, and the Department of Education; and

   Struck: "(3) coordinate within the Department of Justice and existing grant programs to ensure against duplication with the program authorized by this section.

   Struck: "(e) Reporting and Accountability.--At the end of each fiscal year, the Attorney General shall--

   Struck: "(1) issue a report that assesses the impacts, outcomes and effectiveness of the grants distributed to carry out this section;

   Struck: "(2) in compiling such report, assess instances of duplicative activity, if any, performed through grants distributed to carry out this section and other grant programs maintained by the Department of Justice, the Department of Education, and the Department of Homeland Security; and

   Struck: "(3) make such report available on the Department of Justice website and submit such report to the Senate and House Judiciary Committees and the Senate and House Appropriations Committees.".

   Struck: (c) Rule of Construction.--Nothing in this section shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the National Center for Campus Public Safety authorized under section 509 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this title.

   Inserted: "(o) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition--

   Inserted: "(1) by a person licensed under this chapter to another person so licensed, at any location in any State; or

   Inserted: "(2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State.".

   Inserted: (c) Residence of United States Officers.--Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:

   Inserted: "(b) For purposes of this chapter:

   Inserted: "(1) A member of the Armed Forces on active duty, or a spouse of such member, is a resident of--

   Inserted: "(A) the State in which the person maintains legal residence;

   Inserted: "(B) the State in which the permanent duty station of the member is located; and

   Inserted: "(C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station.

   Inserted: "(2) An officer or employee of the United States (other than a member of the Armed Forces) stationed outside the United States for a period exceeding one year is a resident of the State in which the officer or employee maintains legal residence.".

   Inserted: SEC. 205. CONSOLIDATING UNNECESSARY DUPLICATIVE AND OVERLAPPING DOJ PROGRAMS.

   Inserted: (a) In General.--Notwithstanding any other provision of law, not later than 150 days after the date of enactment of this Act, the Director of the Office of Management and Budget and the Attorney General shall coordinate with the heads of the relevant offices of the Department of Justice to--

   Show 23 more inserted paragraphsShow less

   Inserted: (1) use available administrative authority to eliminate, consolidate, or streamline the more than 250 grant programs with duplicative and overlapping missions identified in the July 2012 Government Accountability Office report to Congress entitled "Justice Grant Programs: DOJ Should Do More to Reduce the Risk of Unnecessary Duplication and Enhance Program Assessment" (GAO-12-517); and

   Inserted: (2) determine the total cost savings that shall result to each agency, office, and department from the actions described in paragraph (1).

   Inserted: (b) Report.--Notwithstanding any other provision of law, not later than 200 days after the date of enactment of this Act, the Director of the Office of Management and Budget and the Attorney General shall coordinate with the heads of the relevant offices of the Department of Justice, and submit a report to the Congress detailing--

   Inserted: (1) any actions taken under subsection (a)(1); and

   Inserted: (2) the findings determined under subsection (a)(2).

   Inserted: (c) Rescission of Funds.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, $200,000,000 is hereby rescinded from discretionary unobligated balances within the Department of Justice that are not designated as emergency or overseas contingency operations. The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission shall apply and the amount of such rescission that shall apply to each such account.

   Inserted: (2) Report.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Congress of the accounts and amounts determined and identified for rescission under paragraph (1).

   Inserted: SEC. 206. INSPECTOR GENERAL REPORT.

   Inserted: (a) Initial Report.--Not later than 1 year after the date on which the consumer portal established under section 922(t)(3) of title 18, United States Code, as amended by section 202 of this Act, becomes operational, the Inspector General for the Department of Justice shall submit to Congress a report on the effectiveness of the consumer portal, which shall--

   Inserted: (1) take into account feedback from transferors, transferees, and government officials; and

   Inserted: (2) include recommendations to improve--

   Inserted: (A) the effectiveness of the consumer portal; and

   Inserted: (B) the ease of using the consumer portal.

   Inserted: (b) Updated Report.--Not later than 1 year after the date on which the Inspector General of the Department of Justice submits the report required under subsection (a), the Inspector General shall submit to Congress an updated version of the report required in subsection (a), including any additional analysis or recommendations.

   Inserted: SEC. 207. AMENDMENT TO SECTION 923(G)(5).

   Inserted: Section 923(g)(5) of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "(C) The Attorney General may not issue a letter pursuant to this paragraph unless the letter is issued--

   Inserted: "(i) during the course of a bona fide criminal investigation of a person other than the licensee;

   Inserted: "(ii) to determine the disposition of 1 or more particular firearms during the course of a bona fide criminal investigation; or

   Inserted: "(iii) to request the total number of rifles, shotguns, pistols, revolvers, and other firearms manufactured in, or exported from, the United States by the licensee.".

   Inserted: SEC. 208. EFFECTIVE DATE.

   Inserted: The amendments made by this title shall take effect 180 days after the date of enactment of this Act.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed