To address gun violence, improve the availability of records to the National Instant Criminal Background Check System, address mental illness in the criminal justice system, and end straw purchases and trafficking of illegal firearms, and for other purposes.

SA 2914. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2874 proposed by Mr. McConnell to the bill H.R. 3762,
to provide for reconciliation pursuant to section 2002 of the
concurrent resolution on the budget for fiscal year 2016; as follows:
At the appropriate place, insert the following:

DIVISION B--PROTECTING COMMUNITIES AND PRESERVING THE SECOND AMENDMENT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Protecting Communities and Preserving the Second Amendment
Act of 2015''.
(b) Table of Contents.--The table of contents for this
division is as follows:

DIVISION B--PROTECTING COMMUNITIES AND PRESERVING THE SECOND AMENDMENT

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I--COMBATING GUN CRIME, NICS REAUTHORIZATION, AND NICS
IMPROVEMENT

Sec. 101. Reauthorization and improvements to NICS.
Sec. 102. Availability of records to NICS.
Sec. 103. Definitions relating to mental health.
Sec. 104. Clarification that Federal court information is to be made
available to the national instant criminal background
check system.
Sec. 105. Reports and certifications to Congress.
Sec. 106. Increasing Federal prosecution of gun violence.
Sec. 107. Prosecution of felons and fugitives who attempt to illegally
purchase firearms.
Sec. 108. Limitation on operations by the Department of Justice.
Sec. 109. Straw purchasing of firearms.

[[Page S8406]]

Sec. 110. Increased penalties for lying and buying.
Sec. 111. Amendments to section 924(a).
Sec. 112. Amendments to section 924(h).
Sec. 113. Amendments to section 924(k).
Sec. 114. Multiple sales reports for rifles and shotguns.
Sec. 115. Study by the National Institutes of Justice and National
Academy of Sciences on the causes of mass shootings.
Sec. 116. Reports to Congress regarding ammunition purchases by Federal
agencies.
Sec. 117. Incentives for State compliance with NICS mental health
record requirements.
Sec. 118. Firearm commerce modernization.
Sec. 119. Firearm dealer access to law enforcement information.
Sec. 120. Interstate transportation of firearms or ammunition.

TITLE II--MENTAL HEALTH

Sec. 201. Reauthorization and additional amendments to the Mentally Ill
Offender Treatment and Crime Reduction Act.
Sec. 202. Additional purposes for Federal grants.
Sec. 203. Protecting the second amendment rights of veterans.
Sec. 204. Applicability of amendments.

TITLE III--SCHOOL SAFETY

Sec. 301. Short title.
Sec. 302. Grant program for school security.
Sec. 303. Applications.
Sec. 304. Authorization of appropriations.
Sec. 305. Accountability.
Sec. 306. Preventing duplicative grants.

TITLE IV--SANCTUARY CITIES

Sec. 401. Stop Sanctuary Policies and Protect Americans.

SEC. 2. DEFINITIONS.

In this division--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``NICS'' means the National Instant Criminal
Background Check System; and
(3) the term ``relevant Federal records'' means any record
demonstrating that a person is prohibited from possessing or
receiving a firearm under subsection (g) or (n) of section
922 of title 18, United States Code.

TITLE I--COMBATING GUN CRIME, NICS REAUTHORIZATION, AND NICS
IMPROVEMENT

SEC. 101. REAUTHORIZATION AND IMPROVEMENTS TO NICS.

(a) In General.--Section 103 of the NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by redesignating subsection (e) as subsection (f) and
amending such subsection to read as follows:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2013 through 2017.'';
and
(2) by inserting after subsection (d) the following:
``(e) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Definition.--In this subsection, 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.
``(2) 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 section 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.
``(3) Priority.--In awarding grants under this section, 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 section.''.
(b) Modification of Eligibility Requirements.--The NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is
amended--
(1) in section 102(b)(1)--
(A) in subparagraph (A), by striking ``subparagraph (C)''
and inserting ``subparagraph (B)'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(2) in section 103(a)(1), by striking ``and subject to
section 102(b)(1)(B)''; and
(3) in section 104(d), by striking ``section 102(b)(1)(C)''
and inserting ``section 102(b)(1)(B)''.

SEC. 102. AVAILABILITY OF RECORDS TO NICS.

(a) Guidance.--Not later than 45 days after the date of
enactment of this Act, the Attorney General shall issue
guidance regarding--
(1) the identification and sharing of relevant Federal
records; and
(2) submission of the relevant Federal records to NICS.
(b) Prioritization of Records.--Each agency that possesses
relevant Federal records shall prioritize providing the
relevant information contained in the relevant Federal
records to NICS on a regular and ongoing basis in accordance
with the guidance issued by the Attorney General under
subsection (a).
(c) Reports.--Not later than 60 days after the Attorney
General issues guidance under subsection (a), the head of
each agency shall submit a report to the Attorney General
that--
(1) advises whether the agency possesses relevant Federal
records; and
(2) describes the implementation plan of the agency for
making the relevant information contained in relevant Federal
records available to NICS in a manner consistent with
applicable law.
(d) Determination of Relevance.--The Attorney General shall
resolve any dispute regarding whether--
(1) agency records are relevant Federal records; and
(2) the relevant Federal records of an agency should be
made available to NICS.

SEC. 103. DEFINITIONS RELATING TO MENTAL HEALTH.

(a) Title 18 Definitions.--Chapter 44 of title 18, United
States Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(36)(A) Subject to subparagraph (B), the term `has been
adjudicated mentally incompetent or has been committed to a
psychiatric hospital', with respect to a person--
``(i) means the person is the subject of an order or
finding by a judicial officer, court, board, commission, or
other adjudicative body--

``(I) that was issued after--

``(aa) a hearing--
``(AA) of which the person received actual notice; and
``(BB) at which the person had an opportunity to
participate with counsel; or
``(bb) the person knowingly and intelligently waived the
opportunity for a hearing--
``(AA) of which the person received actual notice; and
``(BB) at which the person would have had an opportunity to
participate with counsel; and

``(II) that found that the person, as a result of marked
subnormal intelligence, mental impairment, mental illness,
incompetency, condition, or disease--

``(aa) was a danger to himself or herself or to others;
``(bb) was guilty but mentally ill in a criminal case, in a
jurisdiction that provides for such a verdict;
``(cc) was not guilty in a criminal case by reason of
insanity or mental disease or defect;
``(dd) was incompetent to stand trial in a criminal case;
``(ee) was not guilty by reason of lack of mental
responsibility under section 850a of title 10 (article 50a of
the Uniform Code of Military Justice);
``(ff) required involuntary inpatient treatment by a
psychiatric hospital for any reason, including substance
abuse; or
``(gg) required involuntary outpatient treatment by a
psychiatric hospital based on a finding that the person is a
danger to himself or herself or to others; and
``(ii) does not include--

``(I) an admission to a psychiatric hospital for
observation; or
``(II) a voluntary admission to a psychiatric hospital.

``(B) In this paragraph, the term `order or finding' does
not include--
``(i) an order or finding that has expired, has been set
aside, has been expunged, or is otherwise no longer
applicable because a judicial officer, court, board,
commission, adjudicative body, or appropriate official has
found that the person who is the subject of the order or
finding--

``(I) does not present a danger to himself or herself or to
others;
``(II) has been restored to sanity or cured of mental
disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary inpatient or
outpatient treatment by a psychiatric hospital, and the
person is not a danger to himself, herself, or others; or

``(ii) an order or finding with respect to which the person
who is subject to the order or finding has been granted
relief from disabilities under section 925(c), under a
program described in section 101(c)(2)(A) or 105 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note), or
under any other State-authorized relief from disabilities
program of the State in which the original commitment or
adjudication occurred.
``(37) The term `psychiatric hospital' includes a mental
health facility, a mental hospital, a sanitarium, a
psychiatric facility, and any other facility that provides
diagnoses or treatment by licensed professionals of mental
retardation or mental illness, including a psychiatric ward
in a general hospital.''; and
(2) in section 922--
(A) in subsection (d)(4)--
(i) by striking ``as a mental defective'' and inserting
``mentally incompetent''; and
(ii) by striking ``any mental institution'' and inserting
``a psychiatric hospital''; and
(B) in subsection (g)(4)--
(i) by striking ``as a mental defective or who has'' and
inserting ``mentally incompetent or has''; and
(ii) by striking ``mental institution'' and inserting
``psychiatric hospital''.

[[Page S8407]]

(b) Technical and Conforming Amendment.--The NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is
amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital'';
(3) in section 101(c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``to the mental health of a person'' and
inserting ``to whether a person is mentally incompetent'';
and
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``to the mental
health of a person'' and inserting ``to whether a person is
mentally incompetent''; and
(ii) in subparagraph (B), by striking ``to the mental
health of a person'' and inserting ``to whether a person is
mentally incompetent''; and
(4) in section 102(c)(3)--
(A) in the paragraph heading, by striking ``as a mental
defective or committed to a mental institution'' and
inserting ``mentally incompetent or committed to a
psychiatric hospital''; and
(B) by striking ``mental institutions'' and inserting
``psychiatric hospitals''.

SEC. 104. 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 paragraph--
``(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.''.

SEC. 105. REPORTS AND CERTIFICATIONS TO CONGRESS.

(a) NICS Reports.--Not later than October 1, 2013, and
every year thereafter, the head of each agency that possesses
relevant Federal records shall submit a report to Congress
that includes--
(1) a description of the relevant Federal records possessed
by the agency that can be shared with NICS in a manner
consistent with applicable law;
(2) the number of relevant Federal records the agency
submitted to NICS during the reporting period;
(3) efforts made to increase the percentage of relevant
Federal records possessed by the agency that are submitted to
NICS;
(4) any obstacles to increasing the percentage of relevant
Federal records possessed by the agency that are submitted to
NICS;
(5) measures put in place to provide notice and programs
for relief from disabilities as required under the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) if
the agency makes qualifying adjudications relating to the
mental health of an individual;
(6) measures put in place to correct, modify, or remove
records available to NICS when the basis on which the records
were made available no longer applies; and
(7) additional steps that will be taken during the 1-year
period after the submission of the report to improve the
processes by which relevant Federal records are--
(A) identified;
(B) made available to NICS; and
(C) corrected, modified, or removed from NICS.
(b) Certifications.--
(1) In general.--The annual report requirement in
subsection (a) shall not apply to an agency that, as part of
a report required to be submitted under subsection (a),
provides certification that the agency has--
(A) made available to NICS relevant Federal records that
can be shared in a manner consistent with applicable law;
(B) a plan to make any relevant Federal records available
to NICS and a description of that plan; and
(C) a plan to update, modify, or remove records
electronically from NICS not less than quarterly as required
by the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922
note) and a description of that plan.
(2) Frequency.--Each agency that is not required to submit
annual reports under paragraph (1) shall submit an annual
certification to Congress attesting that the agency continues
to submit relevant Federal records to NICS and has corrected,
modified, or removed records available to NICS when the basis
on which the records were made available no longer applies.
(c) Reports to Congress on Firearms Prosecutions.--
(1) Report to congress.--Beginning February 1, 2014, and on
February 1 of each year thereafter through 2023, the Attorney
General shall submit to the Committees on the Judiciary and
Committees on Appropriations of the Senate and the House of
Representatives a report of information gathered under this
subsection during the fiscal year that ended on September 30
of the preceding year.
(2) Subject of annual report.--Not later than 90 days after
the date of enactment of this Act, the Attorney General shall
require each component of the Department of Justice,
including each United States Attorney's Office, to furnish
for the purposes of the report described in paragraph (1),
information relating to any case presented to the Department
of Justice for review or prosecution, in which the objective
facts of the case provide probable cause to believe that
there has been a violation of sections 922 and 924, United
States Code, and section 5861 of the Internal Revenue Code of
1986.
(3) Elements of annual report.--With respect to each case
described in paragraph (2), the report submitted under
paragraph (1) shall include information indicating--
(A) whether in any such case, a decision has been made not
to charge an individual with a violation of sections 922 and
924, United States Code, and section 5861 of the Internal
Revenue Code of 1986, or any other violation of Federal
criminal law;
(B) in any case described in subparagraph (A), a
description of why no charge was filed under sections 922 and
924, United States Code, and section 5861 of the Internal
Revenue Code of 1986;
(C) whether in any case described in paragraph (2), an
indictment, information, or other charge has been brought
against any person, or the matter is pending;
(D) whether, in the case of an indictment, information, or
other charge described in subparagraph (C), the charging
document contains a count or counts alleging a violation of
sections 922 and 924, United States Code, and section 5861 of
the Internal Revenue Code of 1986;
(E) in any case described in subparagraph (D) in which the
charging document contains a count or counts alleging a
violation of sections 922 and 924, United States Code, and
section 5861 of the Internal Revenue Code of 1986, whether a
plea agreement of any kind has been entered into with such
charged individual;
(F) whether any plea agreement described in subparagraph
(E) required that the individual plead guilty, to enter a
plea of nolo contendere, or otherwise caused a court to enter
a conviction against that individual for a violation of
sections 922 and 924, United States Code, and section 5861 of
the Internal Revenue Code of 1986;
(G) in any case described in subparagraph (F) in which the
plea agreement did not require that the individual plead
guilty, enter a plea of nolo contendere, or otherwise cause a
court to enter a conviction against that individual for a
violation of sections 922 and 924, United States Code, and
section 5861 of the Internal Revenue Code of 1986,
identification of the charges to which that individual did
plead guilty;
(H) in the case of an indictment, information, or other
charge described in subparagraph (C), in which the charging
document contains a count or counts alleging a violation of
sections 922 and 924, United States Code, and section 5861 of
the Internal Revenue Code of 1986, the result of any trial of
such charges (guilty, not guilty, mistrial);
(I) in the case of an indictment, information, or other
charge described in subparagraph (C), in which the charging
document did not contain a count or counts alleging a
violation of sections 922 and 924, United States Code, and
section 5861 of the Internal Revenue Code of 1986, the nature
of the other charges brought and the result of any trial of
such other charges as have been brought (guilty, not guilty,
mistrial);
(J) the number of persons who attempted to purchase a
firearm but were denied because of a background check
conducted in accordance with section 922(t) of title 18,
United States Code; and
(K) the number of prosecutions conducted in relation to
persons described in subparagraph (J).

SEC. 106. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall establish
in jurisdictions specified in subsection (c) a program that
meets the requirements of subsection (b), to be known as the
``Nationwide Project Exile Expansion''.
(b) Program Elements.--Each program established under
subsection (a) shall, for the jurisdiction concerned--
(1) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives and the
United States Attorney for prosecution of persons arrested
for violations of section 922 or section 924 of title 18,
United States Code, or section 5861 of the Internal Revenue
Code of 1986, relating to firearms;
(3) provide for the establishment of multi-jurisdictional
task forces, coordinated by the Executive Office of the
United States attorneys to investigate and prosecute illegal
straw purchasing rings that purchase firearms in one
jurisdiction and transfer them to another;
(4) require that the United States attorney designate not
less than 1 assistant United States attorney to prosecute
violations of Federal firearms laws;
(5) provide for the hiring of agents for the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to investigate
violations of the provisions referred to in paragraph (2),
United States Code, relating to firearms; and
(6) ensure that each person referred to the United States
attorney under paragraph (2)

[[Page S8408]]

be charged with a violation of the most serious Federal
firearm offense consistent with the act committed.
(c) Covered Jurisdictions.--
(1) In general.--Subject to paragraph (2), the
jurisdictions specified in this subsection are--
(A) the 10 jurisdictions with a population equal to or
greater than 100,000 persons that had the highest total
number of homicides according to the uniform crime report of
the Federal Bureau of Investigation for the most recent year
available;
(B) the 5 jurisdictions with such a population, other than
the jurisdictions covered by paragraph (1), with the highest
per capita rate of homicide according to the uniform crime
report of the Federal Bureau of Investigation for the most
recent year available; and
(C) the 3 tribal jurisdictions that have the highest
homicide crime rates, as determined by the Attorney General.
(2) Limitation.--The 15 jurisdictions described in
subparagraphs (A) and (B) shall not include any jurisdiction
other than those within the 50 States.
(d) Annual Reports.--Not later than 1 year after the date
of enactment of this Act, an annually thereafter, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report containing the
following information:
(1) The number of individuals indicted for such violations
of Federal firearms laws during that year by reason of the
program.
(2) The increase or decrease in the number of individuals
indicted for such violations of Federal firearms laws during
that year by reason of the program when compared with the
year preceding that year.
(3) The number of individuals held without bond in
anticipation of prosecution by reason of the program.
(4) To the extent the information is available, the average
length of prison sentence of the individuals convicted of
violations of Federal firearms laws by reason of the program.
(5) The number of multi-jurisdiction task forces
established and the number of individuals arrested, indicted,
convicted or acquitted of charges for violations of the
specific crimes listed in subsection (b)(2).
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out the program under this section $15,000,000 for each
of fiscal years 2014, 2015, and 2016, which shall be used for
salaries and expenses of assistant United States attorneys
and Bureau of Alcohol, Tobacco, Firearms, and Explosives
agents.
(2) Use of funds.--
(A) Assistant united states attorneys.--The assistant
United States attorneys hired using amounts authorized to be
appropriated under paragraph (1) shall prosecute violations
of Federal firearms laws in accordance with subsection
(b)(2).
(B) ATF agents.--The Bureau of Alcohol, Tobacco, Firearms,
and Explosives agents hired using amounts authorized to be
appropriated under paragraph (1) shall, to the maximum extent
practicable, concentrate their investigations on violations
of Federal firearms laws in accordance with subsection
(b)(2).

SEC. 107. PROSECUTION OF FELONS AND FUGITIVES WHO ATTEMPT TO
ILLEGALLY PURCHASE FIREARMS.

(a) Taskforce.--
(1) Establishment.--There is established a task force
within the Department of Justice, which shall be known as the
Felon and Fugitive Firearm Task Force (referred to in this
section as the ``Task Force''), to strengthen the efforts of
the Department of Justice to investigate and prosecute cases
of convicted felons and fugitives from justice who illegally
attempt to purchase a firearm.
(2) Membership.--The members of the Task Force shall be--
(A) the Deputy Attorney General, who shall serve as the
Chairperson of the Task Force;
(B) the Assistant Attorney General for the Criminal
Division;
(C) the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives;
(D) the Director of the Federal Bureau of Investigation;
and
(E) such other officers or employees of the Department of
Justice as the Attorney General may designate.
(3) Duties.--The Task Force shall--
(A) provide direction for the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm; and
(B) provide recommendations to the Attorney General
relating to--
(i) the allocation and reallocation of resources of the
Department of Justice for investigation and prosecution of
cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm;
(ii) enhancing cooperation among agencies and entities of
the Federal Government in the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm;
(iii) enhancing cooperation among Federal, State, and local
authorities responsible for the investigation and prosecution
of cases of convicted felons and fugitives from justice
attempting to illegally purchase a firearm; and
(iv) changes in rules, regulations, or policy to improve
the effective investigation and prosecution of cases of
convicted felons and fugitives from justice attempting to
illegally purchase a firearm.
(4) Meetings.--The Task Force shall meet not less than once
a year.
(5) Termination.--The Task Force shall terminate on the
date that is 5 years after the date of enactment of this Act.
(b) Authorization for Use of Funds.--Section 524(c)(1) of
title 28, United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (I) the following:
``(J) the investigation and prosecution of cases of
convicted felons and fugitives from justice who illegally
attempt to purchase a firearm, in accordance with section 107
of the Protecting Communities and Preserving the Second
Amendment Act of 2015, provided that--
``(i) not more than $10,000,000 shall be available to the
Attorney General for each of fiscal years 2014 through 2018
under this subparagraph; and
``(ii) not more than 5 percent of the amounts made
available under this subparagraph may be used for the
administrative costs of the task force established under
section 107 of the Protecting Communities and Preserving the
Second Amendment Act of 2015.''.

SEC. 108. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF
JUSTICE.

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.

SEC. 109. STRAW PURCHASING OF FIREARMS.

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

``Sec. 932. Straw purchasing of firearms

``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) purchase or otherwise obtain a firearm, which has
been shipped, transported, or received in interstate or
foreign commerce, for or on behalf of any other person who
the person purchasing or otherwise obtaining the firearm
knows--
``(A) is prohibited from possessing or receiving a firearm
under subsection (g) or (n) of section 922;
``(B) intends to use, carry, possess, or sell or otherwise
dispose of the firearm in furtherance of a crime of violence,
a drug trafficking crime, or a Federal crime of terrorism;
``(C) intends to engage in conduct that would constitute a
crime of violence, a drug trafficking crime, or a Federal
crime of terrorism if the conduct had occurred within the
United States; or
``(D) is not a resident of any State and is not a citizen
or lawful permanent resident of the United States; or
``(2) willfully procure another to engage in conduct
described in paragraph (1).
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 15
years, or both.

``Sec. 933. Trafficking in firearms

``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g).
``(b) Offense.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, or otherwise dispose of 2
or more firearms to another person in or otherwise affecting
interstate or foreign commerce, if the transferor knows that
the use, carrying, or possession of a firearm by the
transferee would violate subsection (g) or (n) of section
922, or constitute a crime of violence, a drug trafficking
crime, or a Federal crime of terrorism;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient--
``(A) knows that such receipt would violate subsection (g)
or (n) of section 922; or
``(B) intends to use the firearm in furtherance of a crime
of violence, a drug trafficking crime, or a Federal crime of
terrorism; or

[[Page S8409]]

``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(c) Penalties.--
``(1) In general.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) Organizer.--If a violation of subsection (b) is
committed by a person acting in concert with other persons as
an organizer, leader, supervisor, or manager, the person
shall be fined under this title, imprisoned not more than 20
years, or both.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by inserting after the item relating to section 931
the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.

(c) Directive to the 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. In its review, the
Commission shall consider, in particular, an appropriate
amendment to reflect the intent of Congress that straw
purchasers without significant criminal histories receive
sentences that are sufficient to deter participation in such
activities. 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.

SEC. 110. INCREASED PENALTIES FOR LYING AND BUYING.

Section 924(a)(1) of title 18, United States Code, is
amended in the undesignated matter following subparagraph (D)
by striking ``five years'' and inserting the following: ``5
years (or, in the case of a violation under subparagraph (A),
not more than 10 years)''.

SEC. 111. AMENDMENTS TO SECTION 924(A).

Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d), (g), or
(n) of section 922 shall be fined under this title,
imprisoned not more than 15 years, or both.''.

SEC. 112. AMENDMENTS TO SECTION 924(H).

Section 924 of title 18, United States Code, is amended by
striking subsection (h) and inserting the following:
``(h) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing 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)), a
Federal crime of terrorism (as defined in section 2332b(g)),
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.), or the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.), shall be imprisoned
not more than 15 years, fined in accordance with this title,
or both.''.

SEC. 113. AMENDMENTS TO SECTION 924(K).

Section 924 of title 18, United States Code, is amended by
striking subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or promote
conduct that--
``(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;
``(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);
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)); or
``(D) constitutes a Federal crime of terrorism (as defined
in section 2332b(g)),
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.
``(2) A person who, with intent to engage in or to promote
conduct that--
``(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
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) or a Federal crime of terrorism (as
defined in section 2332b(g)) 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.''.

SEC. 114. MULTIPLE SALES REPORTS FOR RIFLES AND SHOTGUNS.

Section 923(g)(5) of title 18, United States Code, is
amended by adding at the end the following:
``(C) The Attorney General may not require a licensee to
submit ongoing or periodic reporting of the sale or other
disposition of 2 or more rifles or shotguns during a
specified period of time.''.

SEC. 115. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND
NATIONAL ACADEMY OF SCIENCES ON THE CAUSES OF
MASS SHOOTINGS.

(a) In General.--
(1) Study.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall instruct
the Director of the National Institutes of Justice, to
conduct a peer-reviewed study to examine various sources and
causes of mass shootings including psychological factors, the
impact of violent video games, and other factors. The
Director shall enter into a contract with the National
Academy of Sciences to conduct this study jointly with an
independent panel of 5 experts appointed by the Academy.
(2) Report.--Not later than 1 year after the date on which
the study required under paragraph (1) begins, the Directors
shall submit to Congress a report detailing the findings of
the study.
(b) Issues Examined.--The study conducted under subsection
(a)(1) shall examine--
(1) mental illness;
(2) the availability of mental health and other resources
and strategies to help families detect and counter tendencies
toward violence;
(3) the availability of mental health and other resources
at schools to help detect and counter tendencies of students
towards violence;
(4) the extent to which perpetrators of mass shootings,
either alleged, convicted, deceased, or otherwise, played
violent or adult-themed video games and whether the
perpetrators of mass shootings discussed, planned, or used
violent or adult-themed video games in preparation of or to
assist in carrying out their violent actions;
(5) familial relationships, including the level of
involvement and awareness of parents;
(6) exposure to bullying; and
(7) the extent to which perpetrators of mass shootings were
acting in a ``copycat'' manner based upon previous violent
events.

SEC. 116. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES
BY FEDERAL AGENCIES.

Not later than 1 year after the date of enactment of this
Act, the Director of the Office of Management and Budget,
shall report to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and the Chairmen and
Ranking Members of the House and Senate Committee on
Appropriations and the Committee on the Judiciary, the House
Committee on Homeland Security, the Senate Committee on
Homeland Security and Government Affairs, and the House
Committee on Government Reform and Oversight, a report
including--
(1) details of all purchases of ammunition by each Federal
agency;
(2) a summary of all purchases, solicitations, and
expenditures on ammunition by each Federal agency;
(3) a summary of all the rounds of ammunition expended by
each Federal agency and a current listing of stockpiled
ammunition for each Federal agency; and
(4) an estimate of future ammunition needs and purchases
for each Federal agency for the next fiscal year.

SEC. 117. INCENTIVES FOR STATE COMPLIANCE WITH NICS MENTAL
HEALTH RECORD REQUIREMENTS.

Section 104(b) of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended--
(1) by striking paragraphs (1) and (2);
(2) by redesignating paragraph (3) as paragraph (2);
(3) in paragraph (2), as redesignated, by striking ``of
paragraph (2)'' and inserting ``of paragraph (1)''; and
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) Incentives for providing mental health records and
fixing the background check system.--
``(A) Definition of compliant state.--In this paragraph,
the term `compliant State' means a State that has--
``(i) provided not less than 90 percent of the records
required to be provided under sections 102 and 103; or
``(ii) in effect a statute that--

``(I) requires the State to provide the records required to
be provided under sections 102 and 103; and
``(II) implements a relief from disabilities program in
accordance with section 105.

``(B) Incentives for compliance.--During the period
beginning on the date that is 18 months after the enactment
of the Protecting Communities and Preserving the Second
Amendment Act of 2015 and ending on the date that is 5 years
after the date of enactment of such Act, the Attorney
General--
``(i) shall use funds appropriated to carry out section 103
of this Act, the excess unobligated balances of the
Department of Justice and funds withheld under clause (ii),
or any combination thereof, to increase the amounts available
under section 505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) for each

[[Page S8410]]

compliant State in an amount that is not less than 2 percent
nor more than 5 percent of the amount that was allocated to
such State under such section 505 in the previous fiscal
year; and
``(ii) may withhold an amount not to exceed the amount
described in clause (i) that would otherwise be allocated to
a State under any section of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) if the
State--

``(I) is not a compliant State; and
``(II) does not submit an assurance to the Attorney General
that--

``(aa) an amount that is not less than the amount described
in clause (i) will be used solely for the purpose of enabling
the State to become a compliant State; or
``(bb) the State will hold in abeyance an amount that is
not less than the amount described in clause (i) until such
State has become a compliant State.
``(C) Regulations.--Not later than 180 days after the
enactment of the Protecting Communities and Preserving the
Second Amendment Act of 2015, the Attorney General shall
issue regulations implementing this paragraph.''.

SEC. 118. FIREARM COMMERCE MODERNIZATION.

(a) Firearms Dispositions.--Section 922(b)(3) of title 18,
United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``located'' and inserting ``located or temporarily located'';
and
(2) in subparagraph (A)--
(A) by striking ``rifle or shotgun'' and inserting
``firearm'';
(B) by striking ``located'' and inserting ``located or
temporarily located''; and
(C) by striking ``both such States'' and inserting ``the
State in which the transfer is conducted and the State of
residence of the transferee''.
(b) Dealer Location.--Section 923 of title 18, United
States Code, is amended--
(1) in subsection (j)--
(A) in the first sentence, by striking ``, and such
location is in the State which is specified on the license'';
and
(B) in the last sentence--
(i) by inserting ``transfer,'' after ``sell,''; and
(ii) by striking ``Act,'' and all that follows and
inserting ``Act.''; and
(2) by adding at the end the following:
``(m) Nothing in this chapter shall be construed to
prohibit the sale, transfer, delivery, or other disposition
of a firearm or ammunition--
``(1) by a person licensed under this chapter to another
person so licensed, at any location in any State; or
``(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.''.
(c) Residence of United States Officers.--Section 921 of
title 18, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) For purposes of this chapter:
``(1) A member of the Armed Forces on active duty, or a
spouse of such a member, is a resident of--
``(A) the State in which the member or spouse maintains
legal residence;
``(B) the State in which the permanent duty station of the
member is located; and
``(C) the State in which the member maintains a place of
abode from which the member commutes each day to the
permanent duty station of the member.
``(2) An officer or employee of the United States (other
than a member of the Armed Forces) who is stationed outside
the United States for a period of more than 1 year, and a
spouse of such an officer or employee, is a resident of the
State in which the person maintains legal residence.''.

SEC. 119. FIREARM DEALER ACCESS TO LAW ENFORCEMENT
INFORMATION.

(a) In General.--Section 103(b) of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note), is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Voluntary background checks.--
``(A) In general.--Not later than 90 days after the date of
enactment of the Protecting Communities and Preserving the
Second Amendment Act of 2015, the Attorney General shall
promulgate regulations allowing licensees to use the national
instant criminal background check system established under
this section for purposes of conducting voluntary, no fee
employment background checks on current or prospective
employees.
``(B) Notice.--Before conducting an employment background
check relating to an individual under subparagraph (A), a
licensee shall--
``(i) provide written notice to the individual that the
licensee intends to conduct the background check; and
``(ii) obtain consent to conduct the background check from
the individual in writing.
``(C) Exemption.--An employment background check conducted
by a licensee under subparagraph (A) shall not governed by
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
``(D) Appeal.--Any individual who is the subject of an
employment background check conducted by a licensee under
subparagraph (A) the result of which indicates that the
individual is a prohibited from possessing a firearm or
ammunition pursuant to subsection (g) or (n) of section 922
of title 18, United States Code, may appeal the results of
the background check in the same manner and to the same
extent as if the individual had been the subject of a
background check relating to the transfer of a firearm.''.
(b) Acquisition, Preservation, and Exchange of
Identification Records and Information.--Section 534 of title
28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (4) the following:
``(5) provide a person licensed as an importer,
manufacturer, or dealer of firearms under chapter 44 of title
18 with information necessary to verify whether firearms
offered for sale to such licensees have been stolen.''; and
(2) in subsection (b), by inserting ``, except for
dissemination authorized under subsection (a)(5) of this
section'' before the period.
(c) Regulations.--Not later than 90 days after the date of
enactment of this Act, and without regard to chapter 5 of
title 5, United States Code, the Attorney General shall
promulgate regulations allowing a person licensed as an
importer, manufacturer, or dealer of firearms under chapter
44 of title 18, United States Code, to receive access to
records of stolen firearms maintained by the National Crime
Information Center operated by the Federal Bureau of
Investigation, solely for the purpose of voluntarily
verifying whether firearms offered for sale to such licensees
have been stolen.
(d) Statutory Construction; Evidence.--
(1) Statutory construction.--Nothing in this section or the
amendments made by this section shall be construed--
(A) to create a cause of action against any person licensed
as an importer, manufacturer, or dealer of firearms under
chapter 44 of title 18, United States Code or any other
person for any civil liability; or
(B) to establish any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding the use or non-use by a person licensed as
an importer, manufacturer, or dealer of firearms under
chapter 44 of title 18, United States Code of the systems,
information, or records made available under this section or
the amendments made by this section shall not be admissible
as evidence in any proceeding of any court, agency, board, or
other entity.

SEC. 120. INTERSTATE TRANSPORTATION OF FIREARMS OR
AMMUNITION.

(a) In General.--Section 926A of title 18, United States
Code, is amended to read as follows:

``Sec. 926A. Interstate transportation of firearms or
ammunition

``(a) Definition.--In this section, the term `transport'
includes staying in temporary lodging overnight, stopping for
food, fuel, vehicle maintenance, an emergency, medical
treatment, and any other activity incidental to the
transport.
``(b) Authorization.--Notwithstanding any provision of any
law (including a rule or regulation) of a State or any
political subdivision thereof, a person who is not prohibited
by this chapter from possessing, transporting, shipping, or
receiving a firearm or ammunition shall be entitled to--
``(1) transport a firearm for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the firearm to any other such place if, during the
transportation--
``(A) the firearm is unloaded; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the firearm is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the firearm is--

``(aa) in a locked container other than the glove
compartment or console; or
``(bb) secured by a secure gun storage or safety device; or

``(ii) if the transportation is by other means, the firearm
is in a locked container or secured by a secure gun storage
or safety device; and
``(2) transport ammunition for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the ammunition, to any other such place if, during
the transportation--
``(A) the ammunition is not loaded into a firearm; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the ammunition is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the ammunition is in
a locked container other than the glove compartment or
console; or
``(ii) if the transportation is by other means, the
ammunition is in a locked container.
``(c) State Law.--
``(1) Arrest authority.--A person who is transporting a
firearm or ammunition may not be--
``(A) arrested for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the

[[Page S8411]]

possession, transportation, or carrying of firearms or
ammunition, unless there is probable cause to believe that
the transportation is not in accordance with subsection (b);
or
``(B) detained for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is reasonable suspicion
that the transportation is not in accordance with subsection
(b).
``(2) Prosecution.--
``(A) Burden of proof.--If a person asserts this section as
a defense in a criminal proceeding, the government shall bear
the burden of proving, beyond a reasonable doubt, that the
conduct of the person was not in accordance with subsection
(b).
``(B) Prevailing defendant.--If a person successfully
asserts this section as a defense in a criminal proceeding,
the court shall award the prevailing defendant reasonable
attorney's fees.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by striking the item relating to section 926A and
inserting the following:

``926A. Interstate transportation of firearms or ammunition.''.

TITLE II--MENTAL HEALTH

SEC. 201. REAUTHORIZATION AND ADDITIONAL AMENDMENTS TO THE
MENTALLY ILL OFFENDER TREATMENT AND CRIME
REDUCTION ACT.

(a) Safe Communities.--
(1) In general.--Section 2991(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is
amended--
(A) in paragraph (7)--
(i) in the heading, by striking ``Mental illness'' and
inserting ``Mental illness; mental health disorder''; and
(ii) by striking ``term `mental illness' means'' and
inserting ``terms `mental illness' and `mental health
disorder' mean''; and
(B) by striking paragraph (9) and inserting the following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily qualified
offender' means an adult or juvenile accused of an offense
who--
``(i)(I) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness or co-occurring mental illness and substance abuse
disorders;
``(II) manifests obvious signs of mental illness or co-
occurring mental illness and substance abuse disorders during
arrest or confinement or before any court; or
``(III) in the case of a veterans treatment court provided
under subsection (i), has been diagnosed with, or manifests
obvious signs of, mental illness or a substance abuse
disorder or co-occurring mental illness and substance abuse
disorder; and
``(ii) has been unanimously approved for participation in a
program funded under this section by, when appropriate, the
relevant--

``(I) prosecuting attorney;
``(II) defense attorney;
``(III) probation or corrections official;
``(IV) judge; and
``(V) a representative from the relevant mental health
agency described in subsection (b)(5)(B)(i).

``(B) Determination.--In determining whether to designate a
defendant as a preliminarily qualified offender, the relevant
prosecuting attorney, defense attorney, probation or
corrections official, judge, and mental health or substance
abuse agency representative shall take into account--
``(i) whether the participation of the defendant in the
program would pose a substantial risk of violence to the
community;
``(ii) the criminal history of the defendant and the nature
and severity of the offense for which the defendant is
charged;
``(iii) the views of any relevant victims to the offense;
``(iv) the extent to which the defendant would benefit from
participation in the program;
``(v) the extent to which the community would realize cost
savings because of the defendant's participation in the
program; and
``(vi) whether the defendant satisfies the eligibility
criteria for program participation unanimously established by
the relevant prosecuting attorney, defense attorney,
probation or corrections official, judge and mental health or
substance abuse agency representative.''.
(2) Technical and conforming amendment.--Section 2927(2) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797s-6(2)) is amended by striking ``has the meaning
given that term in section 2991(a).'' and inserting ``means
an offense that--
``(A) does not have as an element the use, attempted use,
or threatened use of physical force against the person or
property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person or
property of another may be used in the course of committing
the offense.''.
(b) Evidence Based Practices.--Section 2991(c) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and
services; or''.
(c) Academy Training.--Section 2991(h) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(h)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for academy
curricula, law enforcement officer orientation programs,
continuing education training, and other programs that teach
law enforcement personnel how to identify and respond to
incidents involving persons with mental health disorders or
co-occurring mental health and substance abuse disorders.'';
and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
(d) Assisting Veterans.--
Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended--
(A) by redesignating subsection (i) as subsection (n); and
(B) by inserting after subsection (h) the following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term `peer to
peer services or programs' means services or programs that
connect qualified veterans with other veterans for the
purpose of providing support and mentorship to assist
qualified veterans in obtaining treatment, recovery,
stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified veteran'
means a preliminarily qualified offender who--
``(i) has served on active duty in any branch of the Armed
Forces, including the National Guard and reserve components;
and
``(ii) was discharged or released from such service under
conditions other than dishonorable.
``(C) Veterans treatment court program.--The term `veterans
treatment court program' means a court program involving
collaboration among criminal justice, veterans, and mental
health and substance abuse agencies that provides qualified
veterans with--
``(i) intensive judicial supervision and case management,
which may include random and frequent drug testing where
appropriate;
``(ii) a full continuum of treatment services, including
mental health services, substance abuse services, medical
services, and services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services, including housing,
transportation, mentoring, employment, job training,
education, and assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in consultation
with the Secretary of Veterans Affairs, may award grants
under this subsection to applicants to establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs for qualified
veterans;
``(iii) practices that identify and provide treatment,
rehabilitation, legal, transitional, and other appropriate
services to qualified veterans who have been incarcerated;
and
``(iv) training programs to teach criminal justice, law
enforcement, corrections, mental health, and substance abuse
personnel how to identify and appropriately respond to
incidents involving qualified veterans.
``(B) Priority.--In awarding grants under this subsection,
the Attorney General shall give priority to applications
that--
``(i) demonstrate collaboration between and joint
investments by criminal justice, mental health, substance
abuse, and veterans service agencies;
``(ii) promote effective strategies to identify and reduce
the risk of harm to qualified veterans and public safety; and
``(iii) propose interventions with empirical support to
improve outcomes for qualified veterans.''.
(e) Correctional Facilities; High Utilizers.--Section 2991
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797aa) is amended by inserting after subsection (i),
as so added by subsection (d), the following:
``(j) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term `correctional
facility' means a jail, prison, or other detention facility
used to house people who have been arrested, detained, held,
or convicted by a criminal justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate' means an
individual who--
``(i) is being held, detained, or incarcerated in a
correctional facility; and
``(ii) manifests obvious signs of a mental illness or has
been diagnosed by a qualified mental health professional as
having a mental illness.

[[Page S8412]]

``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of
a correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of the clinical,
medical, and social needs of inmates; and
``(ii) appropriate treatment and services that address the
mental health and substance abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for eligible inmates
that, in a comprehensive manner, coordinate health, housing,
medical, employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health care services and
substance abuse treatment services; and
``(iii) alternatives to solitary confinement and segregated
housing and mental health screening and treatment for inmates
placed in solitary confinement or segregated housing; and
``(D) to train each employee of the correctional facility
to identify and appropriately respond to incidents involving
inmates with mental health or co-occurring mental health and
substance abuse disorders.
``(k) Demonstration Grants Responding to High Utilizers.--
``(1) Definition.--In this subsection, the term `high
utilizer' means an individual who--
``(A) manifests obvious signs of mental illness or has been
diagnosed by a qualified mental health professional as having
a mental illness; and
``(B) consumes a significantly disproportionate quantity of
public resources, such as emergency, housing, judicial,
corrections, and law enforcement services.
``(2) Demonstration grants responding to high utilizers.--
``(A) In general.--The Attorney General may award not more
than 6 grants per year under this subsection to applicants
for the purpose of reducing the use of public services by
high utilizers.
``(B) Use of grants.--A recipient of a grant awarded under
this subsection may use the grant--
``(i) to develop or support multidisciplinary teams that
coordinate, implement, and administer community-based crisis
responses and long-term plans for high utilizers;
``(ii) to provide training on how to respond appropriately
to the unique issues involving high utilizers for public
service personnel, including criminal justice, mental health,
substance abuse, emergency room, healthcare, law enforcement,
corrections, and housing personnel;
``(iii) to develop or support alternatives to hospital and
jail admissions for high utilizers that provide treatment,
stabilization, and other appropriate supports in the least
restrictive, yet appropriate, environment; or
``(iv) to develop protocols and systems among law
enforcement, mental health, substance abuse, housing,
corrections, and emergency medical service operations to
provide coordinated assistance to high utilizers.
``(C) Report.--Not later than the last day of the first
year following the fiscal year in which a grant is awarded
under this subsection, the recipient of the grant shall
submit to the Attorney General a report that--
``(i) measures the performance of the grant recipient in
reducing the use of public services by high utilizers; and
``(ii) provides a model set of practices, systems, or
procedures that other jurisdictions can adopt to reduce the
use of public services by high utilizers.''.
(f) Grant Accountability.--Section 2991 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa)
is amended by inserting after subsection (i), as so added by
subsection (e), the following:
``(l) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(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.
``(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 section 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.
``(C) Mandatory exclusion.--A recipient of grant funds
under this section that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this section during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this section, 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 section.
``(E) Reimbursement.--If an entity is awarded grant funds
under this section during the 2-fiscal-year period during
which the entity is barred from receiving grants under
subparagraph (C), the Attorney General shall--
``(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
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(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.
``(B) Prohibition.--The Attorney General may not award a
grant under this part to a section 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.
``(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this section 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.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this section may be used
by the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative agreement
under this section, 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.
``(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.
``(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.
``(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--
``(A) indicating whether--
``(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;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.''.
``(m) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine if duplicate grant
awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.
(g) Reauthorization of Appropriations.--Section 2991(n) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968, as redesignated in subsection (d), is amended--
(1) in paragraph (1);
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2015 through
2019.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated

[[Page S8413]]

under this section may be used for purposes described in
subsection (i) (relating to veterans).''.

SEC. 202. ADDITIONAL PURPOSES FOR FEDERAL GRANTS.

(a) Modifications to the Edward Byrne Memorial Justice
Assistance Grant Program.--Section 501(a)(1) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(a)(1)) is amended by adding at the end the
following:
``(H) Mental health programs and operations by law
enforcement or corrections.''.
(b) Modifications to the Community Oriented Policing
Services Program.--Section 1701(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (19);
(3) by inserting after paragraph (16) the following:
``(17) to provide specialized training to law enforcement
officers (including village public safety officers (as
defined in section 247 of the Indian Arts and Crafts
Amendments Act of 2010 (42 U.S.C. 3796dd note))) to recognize
individuals who have mental illness and how to properly
intervene with individuals with mental illness and to
establish programs that enhance the ability of law
enforcement agencies to address the mental health,
behavioral, and substance abuse problems of individuals
encountered in the line of duty;
``(18) to provide specialized training to corrections
officers to recognize individuals who have mental illness and
to enhance the ability of corrections officers to address the
mental health or individuals under the care and custody of
jails and prisons; and''; and
(4) in paragraph (19), as redesignated, by striking
``through (16)'' and inserting ``through (18)''.

SEC. 203. PROTECTING THE SECOND AMENDMENT RIGHTS OF VETERANS.

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

``Sec. 5511. Conditions for treatment of certain persons as
adjudicated mentally incompetent for certain purposes

``(a) Protecting Rights of Veterans With Existing
Records.--Not later than 90 days after the date of enactment
of the Protecting Communities and Preserving the Second
Amendment Act of 2015, the Secretary shall provide written
notice in accordance with subsection (b) of the opportunity
for administrative review under subsection (c) to all persons
who, on the date of enactment of the Protecting Communities
and Preserving the Second Amendment Act of 2015, are
considered to have been adjudicated mentally incompetent or
committed to a psychiatric hospital under subsection (d)(4)
or (g)(4) of section 922 of title 18 as a result of having
been found by the Department to be mentally incompetent.
``(b) Notice.--The Secretary shall provide notice under
this section to a person described in subsection (a) that
notifies the person of--
``(1) the determination made by the Secretary;
``(2) a description of the implications of being considered
to have been adjudicated mentally incompetent or committed to
a psychiatric hospital under subsection (d)(4) or (g)(4) of
section 922 of title 18; and
``(3) the right of the person to request a review under
subsection (c)(1).
``(c) Administrative Review.--
``(1) Request.--Not later than 30 days after the date on
which a person described in subsection (a) receives notice in
accordance with subsection (b), such person may request a
review by the board designed or established under paragraph
(2) or by a court of competent jurisdiction to assess whether
the person is a danger to himself or herself or to others. In
such assessment, the board may consider the person's
honorable discharge or decorations.
``(2) Board.--Not later than 180 days after the date of
enactment of the Protecting Communities and Preserving the
Second Amendment Act of 2015, the Secretary shall designate
or establish a board that shall, upon request of a person
under paragraph (1), assess whether the person is a danger to
himself or herself or to others.
``(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 subsection (c)(2).''.
(b) Clerical Amendment.--The table of sections for chapter
55 of title 38, United States Code, is amended by adding at
the end the following:

``5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain purposes.''.

SEC. 204. APPLICABILITY OF AMENDMENTS.

With respect to any record of a person prohibited from
possessing or receiving a firearm under subsection (d)(4) or
(g)(4) of section 922 of title 18, United States Code, before
the date of enactment of this Act, the Attorney General shall
remove such a record from the National Instant Criminal
Background Check System--
(1) upon being made aware that the person is no longer
considered as adjudicated mentally incompetent or committed
to a psychiatric hospital according to the criteria under
paragraph (36)(A)(i)(II) of section 921(a) of title 18,
United States Code (as added by this title), and is therefore
no longer prohibited from possessing or receiving a firearm;
(2) upon being made aware that any order or finding that
the record is based on is an order or finding described in
paragraph (36)(B) of section 921(a) of title 18, United State
Code (as added by this title); or
(3) upon being made aware that the person has been found
competent to possess a firearm after an administrative or
judicial review under subsection (c) or (d) of section 5511
of title 38, United States Code (as added by this title).

TITLE III--SCHOOL SAFETY

SEC. 301. SHORT TITLE.

This title may be cited as the ``School Safety Enhancements
Act of 2015''.

SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY.

Section 2701 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Placement'' and inserting
``Installation''; and
(ii) by inserting ``surveillance equipment,'' after
``detectors,'';
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following:
``(5) Establishment of hotlines or tiplines for the
reporting of potentially dangerous students and
situations.''; and
(2) by adding at the end the following:
``(g) Interagency Task Force.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of the School Safety Enhancements Act of 2015,
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.
``(2) Publication of guidelines.--Not later than 1 year
after the date of enactment of the School Safety Enhancements
Act of 2015, the advisory school safety guidelines
promulgated by the interagency task force shall be published
in the Federal Register.
``(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.''.

SEC. 303. APPLICATIONS.

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:
``(2) be accompanied by a report--
``(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
``(B) demonstrating that each proposed use of the grant
funds will be--
``(i) an effective means for improving the safety of 1 or
more schools;
``(ii) consistent with a comprehensive approach to
preventing school violence; and
``(iii) individualized to the needs of each school at which
those improvements are to be made.''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

Section 2705 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by
striking ``2001 through 2009'' and inserting ``2014 through
2023''.

SEC. 305. ACCOUNTABILITY.

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 202 of this title, is amended by adding at the end
the following:
``(h) Accountability.--All grants awarded by the Attorney
General under this part shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(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.
``(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.
``(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).
``(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.
``(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

[[Page S8414]]

subparagraph (C), the Attorney General shall--
``(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
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(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.
``(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.
``(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.
``(3) Conference expenditures.--
``(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.
``(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.
``(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.
``(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--
``(A) indicating whether--
``(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;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.''.

SEC. 306. PREVENTING DUPLICATIVE GRANTS.

Section 1701 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by
adding at the end the following:
``(l) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with grants awarded
under parts A or T to determine if duplicate grant awards are
awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.

TITLE IV--SANCTUARY CITIES

SEC. 401. STOP SANCTUARY POLICIES AND PROTECT AMERICANS.

(a) Short Title.--This section may be cited as the ``Stop
Sanctuary Policies and Protect Americans Act''.
(b) Sanctuary Jurisdiction Defined.--In this section, the
term ``sanctuary jurisdiction'' means any State or political
subdivision of a State, including any law enforcement entity
of a State or of a political subdivision of a State, that--
(1) has in effect a statute, ordinance, policy, or practice
that is in violation of subsection (a) or (b) of section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
(2) has in effect a statute, ordinance, policy, or practice
that prohibits any government entity or official from
complying with a detainer that has been lawfully issued or a
request to notify about the release of an alien that has been
made by the Department of Homeland Security in accordance
with section 236 and 287 of the Immigration and Nationality
Act (8 U.S.C. 1226 and 1357) and section 287.7 of title 8,
Code of Federal Regulations.
(c) Limitation on Grants to Sanctuary Jurisdictions.--
(1) Ineligibility for grants.--
(A) Law enforcement grants.--
(i) SCAAP grants.--A sanctuary jurisdiction shall not be
eligible to receive funds pursuant to the State Criminal
Alien Assistance Program under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)).
(ii) Cops grants.--No law enforcement entity of a State or
of a political subdivision of a State that has a departmental
policy or practice that renders it a sanctuary jurisdiction,
and such a policy or practice is not required by statute,
ordinance, or other codified law, or by order of a chief
executive officer of the jurisdiction, or the executive or
legislative board of the jurisdiction, shall be eligible to
receive funds directly or indirectly under the `Cops on the
Beat' program under part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.).
(iii) Enforcement.--The Attorney General, in consultation
with the Secretary of Homeland Security, shall terminate the
funding described in subparagraphs (A) and (B) to a State or
political subdivision of a State on the date that is 30 days
after the date on which a notification described in
subsection (d)(2) is made to the State or subdivision, unless
the Secretary of Homeland Security, in consultation with the
Attorney General, determines the State or subdivision is no
longer a sanctuary jurisdiction.
(B) Community development block grants.--
(i) In general.--Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--

(I) in section 102 (42 U.S.C. 5302), by adding at the end
the following:

``(25) The term `sanctuary jurisdiction' means any State or
unit of general local government that--
``(A) has in effect a statute, ordinance, policy, or
practice that is in violation of subsection (a) or (b) of
section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
``(B) has in effect a statute, ordinance, policy, or
practice that prohibits any government entity or official
from complying with a detainer that has been lawfully issued
or a request to notify about the release of an alien that has
been made by the Department of Homeland Security in
accordance with section 236 and 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 and 1357) and section 287.7 of
title 8, Code of Federal Regulations.''; and

(II) in section 104 (42 U.S.C. 5304)--

(aa) in subsection (b)--
(AA) in paragraph (5), by striking ``and'' at the end;
(BB) by redesignating paragraph (6) as paragraph (7); and
(CC) by inserting after paragraph (5) the following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for
which the grantee receives a grant under this title; and'';
and
(bb) by adding at the end the following:
``(n) Protection of Individuals Against Criminal Aliens.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended to any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary jurisdiction during
the period for which the State receives amounts under this
title, the Secretary--
``(i) shall direct the State to immediately return to the
Secretary any such amounts that have not been obligated by
the State as of the date on which the State became a
sanctuary jurisdiction; and
``(ii) may use any returned amounts under clause (i) to
make grants to other States that are not sanctuary
jurisdictions in accordance with this title.
``(B) Unit of general local government.--If a unit of
general local government is a sanctuary jurisdiction during
the period for which the unit of general local government
receives amounts under this title, any such amounts that have
not been obligated by the unit of general local government as
of the date on which the unit of general local government
became a sanctuary jurisdiction--
``(i) in the case of a unit of general local government
that is not in a nonentitlement area, shall be returned to
the Secretary to make grants to States and other units of
general local government that are not sanctuary jurisdictions
in accordance with this title; and
``(ii) in the case of a unit of general local government
that is in a nonentitlement area, shall be returned to the
Governor of the State to make grants to other units of

[[Page S8415]]

general local government that are not sanctuary jurisdictions
in accordance with this title.
``(o) Enforcement Against Funding for Sanctuary
Jurisdictions.--
``(1) In general.--The Secretary shall verify, on a
quarterly basis, the determination of the Secretary of
Homeland Security and the Attorney General as to whether a
State or unit of general local government is a sanctuary
jurisdiction and therefore ineligible to receive a grant
under this title for purposes of subsections (b)(6) and (n).
``(2) Notification.--If the Secretary verifies that a State
or unit of general local government is determined to be a
sanctuary jurisdiction under paragraph (1), the Secretary
shall notify the State or unit of general local government
that it is ineligible to receive a grant under this title.''.
(ii) Effective date.--The amendments made by clause (i)
shall only apply with respect to community development block
grants made under title I of the Housing and Community
Development Act (42 U.S.C. 5301 et seq.) after the date of
the enactment of this Act.
(2) Allocation.--Any funds that are not allocated to a
State or political subdivision of a State pursuant to
paragraph (1) and the amendments made by paragraph (1) shall
be allocated to States and political subdivisions of States
that are not sanctuary jurisdictions.
(3) Notification of congress.--Not later than 5 days after
a determination is made pursuant to paragraph (1) to
terminate a grant or to refuse to award a grant, the
Secretary of Homeland Security shall submit to the Committee
on Appropriations and the Committee on the Judiciary of the
Senate and the Committee on Appropriations and the Committee
on the Judiciary of the House of Representatives a report
that fully describes the circumstances and basis for the
termination or refusal.
(4) Transparency and accountability.--Not later than 60
days after the date of the enactment of this Act, and
quarterly thereafter, the Secretary of Homeland Security and
the Attorney General shall--
(A) determine the States and political subdivisions of
States that are sanctuary jurisdictions;
(B) notify each such State or subdivision that it is
determined to be a sanctuary jurisdiction; and
(C) publish on the website of the Department of Homeland
Security and of the Department of Justice--
(i) a list of each sanctuary jurisdiction;
(ii) the total number of detainers and requests for
notification of the release of any alien that has been issued
or made to each State or political subdivision of a State;
and
(iii) the number of such detainers and requests for
notification that have been ignored or otherwise not honored,
including the name of the jurisdiction in which each such
detainer or request for notification was issued or made.
(5) Construction.--Nothing in this subsection may be
construed to require law enforcement officials of a State or
a political subdivision of a State to provide the Secretary
of Homeland Security with information related to a victim or
a witness to a criminal offense.
(d) State and Local Government and Individual Compliance
With Detainers.--
(1) Authority to carry out detainers.--A State, a political
subdivision of a State, or an officer, employee, or agent of
such State or political subdivision that complies with a
detainer issued by the Department of Homeland Security under
section 236 or 287 of the Immigration and Nationality Act (8
U.S.C. 1226 and 1357)--
(A) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(B) shall have the authority available to employees of the
Department of Homeland Security with regard to actions taken
to comply with the detainer.
(2) Liability.--In any legal proceeding brought against a
State, a political subdivision of State, or an officer,
employee, or agent of such State or political subdivision,
which challenges the legality of the seizure or detention of
an individual pursuant to a detainer issued by the Department
of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and 1357)--
(A) no liability shall lie against the State or political
subdivision for actions taken in compliance with the
detainer;
(B) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(i) the officer, employee, or agent shall be deemed to be
an employee of the Federal Government and an investigative or
law enforcement officer and to have been acting within the
scope of his or her employment under section 1346(b) and
chapter 171 of title 28, United States Code;
(ii) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(iii) the United States shall be substituted as defendant
in the proceeding.
(3) Construction.--Nothing in this section may be
construed--
(A) to provide immunity to any person who knowingly
violates the civil or constitutional rights of an individual;
or
(B) to limit the application of the doctrine of official
immunity or of qualified immunity in a civil action brought
against a law enforcement officer acting pursuant to a
detainer issued by the Department of Homeland Security under
section 236 or 287 of the Immigration and Nationality Act (8
U.S.C. 1226 and 1357).
(e) Increased Penalties for Reentry of Removed Alien.--
Section 276 of the Immigration and Nationality Act (8 U.S.C.
1326) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to subsections (b) and (c), any
alien who--
``(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any
time found in, the United States, unless--
``(A) prior to the alien's reembarkation at a place outside
the United States or the alien's application for admission
from foreign contiguous territory, the Secretary of Homeland
Security has expressly consented to such alien's reapplying
for admission; or
``(B) with respect to an alien previously denied admission
and removed, such alien shall establish that the alien was
not required to obtain such advance consent under this Act or
any prior Act;

shall be fined under title 18, United States Code, or
imprisoned not more than five years, or both.
``(b) Criminal Penalties for Reentry of Certain Removed
Aliens.--
``(1) In general.--Notwithstanding the penalty provided in
subsection (a), and except as provided in subsection (c), an
alien described in subsection (a)--
``(A) who was convicted before such removal or departure of
three or more misdemeanors involving drugs, crimes against
the person, or both, or a felony (other than an aggravated
felony), shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both;
``(B) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or who has been removed from the United
States pursuant to the provisions of title V, and who
thereafter, without the permission of the Secretary of
Homeland Security, enters the United States, or attempts to
do so, shall be fined under title 18, United States Code, and
imprisoned for a period of 10 years, which sentence shall not
run concurrently with any other sentence;
``(C) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Secretary of Homeland Security, enters, attempts to
enter, or is at any time found in, the United States (unless
the Secretary of Homeland Security has expressly consented to
such alien's reentry) shall be fined under title 18, United
States Code, imprisoned for not more than 10 years, or both;
and
``(D) who has been denied admission, excluded, deported, or
removed 3 or more times and thereafter enters, attempts to
enter, crosses the border to, attempts to cross the border
to, or is at any time found in the United States, shall be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(2) Removal defined.--In this subsection and subsection
(c), the term `removal' includes any agreement in which an
alien stipulates to removal during (or not during) a criminal
trial under either Federal or State law.
``(c) Mandatory Minimum Criminal Penalty for Reentry of
Certain Removed Aliens.--Notwithstanding the penalties
provided in subsections (a) and (b), an alien described in
subsection (a)--
``(1) who was convicted before such removal or departure of
an aggravated felony; or
``(2) who was convicted at least two times before such
removal or departure of illegal reentry under this section;
shall be imprisoned not less than five years and not more
than 20 years, and may, in addition, be fined under title 18,
United States Code.''; and
(3) in subsection (d), as redesignated by paragraph (1)--
(A) by striking ``section 242(h)(2)'' and inserting
``section 241(a)(4)''; and
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(f) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is held invalid for any reason, the remainder of this
section, and the application of such provision to other
persons not similarly situated or to other circumstances,
shall not be affected by such invalidation.
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