I 

113TH CONGRESS 

1ST SESSION H. R. 1605 

To protect Second Amendment rights, ensure that all individuals who should 

be prohibited from buying a firearm are listed in the National Instant 

Criminal Background Check System, and provide a responsible and consistent background check process. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2013 

Mr. LARSON of Connecticut introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committees 

on Veterans’ Affairs and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm 

are listed in the National Instant Criminal Background 

Check System, and provide a responsible and consistent 

background check process. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Safety and Sec5 ond Amendment Rights Protection Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Congress supports, respects, and defends 

4 the fundamental, individual right to keep and bear 

5 arms guaranteed by the Second Amendment to the 

6 Constitution of the United States. 

7 (2) Congress supports and reaffirms the exist8 ing prohibition on a national firearms registry. 

9 (3) Congress believes the Department of Justice 

10 should prosecute violations of background check re11 quirements to the maximum extent of the law. 

12 (4) There are deficits in the background check 

13 system in existence prior to the date of enactment 

14 of this Act and the Department of Justice should 

15 make it a top priority to work with States to swiftly 

16 input missing records, including mental health 

17 records. 

18 (5) Congress and the citizens of the United 

19 States agree that in order to promote safe and re20 sponsible gun ownership, dangerous criminals and 

21 the seriously mentally ill should be prohibited from 

22 possessing firearms; therefore, it should be incum23 bent upon all citizens to ensure weapons are not 

24 being transferred to such people. 


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1 SEC. 3. RULE OF CONSTRUCTION. 

2 Nothing in this Act, or any amendment made by this 

3 Act, shall be construed to— 

4 (1) expand in any way the enforcement author5 ity or jurisdiction of the Bureau of Alcohol, Tobacco, 

6 Firearms, and Explosives; or 

7 (2) allow the establishment, directly or indi8 rectly, of a Federal firearms registry. 

9 SEC. 4. SEVERABILITY. 

10 If any provision of this Act or an amendment made 

11 by this Act, or the application of a provision or amend12 ment to any person or circumstance, is held to be invalid 

13 for any reason in any court of competent jurisdiction, the 

14 remainder of this Act and amendments made by this Act, 

15 and the application of the provisions and amendment to 

16 any other person or circumstance, shall not be affected. 


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1 TITLE I—ENSURING THAT ALL 

2 INDIVIDUALS WHO SHOULD 

3 BE PROHIBITED FROM BUY4 ING A GUN ARE LISTED IN 

5 THE NATIONAL INSTANT 

6 CRIMINAL BACKGROUND 

7 CHECK SYSTEM 

8 SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

9 HISTORY RECORDS IMPROVEMENT PRO10 GRAM. 

11 Section 106(b) of Public Law 103–159 (18 U.S.C. 

12 922 note) is amended— 

13 (1) in paragraph (1), in the matter preceding 

14 subparagraph (A), by striking ‘‘of this Act’’ and in15 serting ‘‘of the Public Safety and Second Amend16 ment Rights Protection Act of 2013’’; and 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated for grants 

21 under this subsection $100,000,000 for each of fis22 cal years 2014 through 2017.’’. 


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1 SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES. 

2 Section 102(b) of the NICS Improvement Amend3 ments Act of 2007 (18 U.S.C. 922 note) is amended to 

4 read as follows: 

5 ‘‘(b) IMPLEMENTATION PLAN.— 

6 ‘‘(1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of the Public Safety and Sec8 ond Amendment Rights Protection Act of 2013, the 

9 Attorney General, in coordination with the States, 

10 shall establish for each State or Indian tribal gov11 ernment desiring a grant under section 103 a 4-year 

12 implementation plan to ensure maximum coordina13 tion and automation of the reporting of records or 

14 making records available to the National Instant 

15 Criminal Background Check System. 

16 ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- 

17 year plan established under paragraph (1) shall in18 clude annual benchmarks, including both qualitative 

19 goals and quantitative measures, to assess imple20 mentation of the 4-year plan. 

21 ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 

22 ‘‘(A) IN GENERAL.—During the 4-year pe23 riod covered by a 4-year plan established under 

24 paragraph (1), the Attorney General shall with25 hold— 


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1 ‘‘(i) 10 percent of the amount that 

2 would otherwise be allocated to a State 

3 under section 505 of the Omnibus Crime 

4 Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3755) if the State does not meet 

6 the benchmark established under para7 graph (2) for the first year in the 4-year 

8 period; 

9 ‘‘(ii) 11 percent of the amount that 

10 would otherwise be allocated to a State 

11 under section 505 of the Omnibus Crime 

12 Control and Safe Streets Act of 1968 (42 

13 U.S.C. 3755) if the State does not meet 

14 the benchmark established under para15 graph (2) for the second year in the 4-year 

16 period; 

17 ‘‘(iii) 13 percent of the amount that 

18 would otherwise be allocated to a State 

19 under section 505 of the Omnibus Crime 

20 Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3755) if the State does not meet 

22 the benchmark established under para23 graph (2) for the third year in the 4-year 

24 period; and 


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1 ‘‘(iv) 15 percent of the amount that 

2 would otherwise be allocated to a State 

3 under section 505 of the Omnibus Crime 

4 Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3755) if the State does not meet 

6 the benchmark established under para7 graph (2) for the fourth year in the 4-year 

8 period. 

9 ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 

10 State that fails to establish a plan under para11 graph (1) shall be treated as having not met 

12 any benchmark established under paragraph 

13 (2).’’. 

14 SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO15 ORDINATION AND AUTOMATION OF NICS 

16 RECORD REPORTING. 

17 (a) IN GENERAL.—The NICS Improvement Amend18 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

19 (1) by striking section 103 and inserting the 

20 following: 

21 ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO22 ORDINATION AND AUTOMATION OF NICS 

23 RECORD REPORTING. 

24 ‘‘(a) AUTHORIZATION.—From amounts made avail25 able to carry out this section, the Attorney General shall 


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1 make grants to States, Indian Tribal governments, and 

2 State court systems, in a manner consistent with the Na3 tional Criminal History Improvement Program and con4 sistent with State plans for integration, automation, and 

5 accessibility of criminal history records, for use by the 

6 State, or units of local government of the State, Indian 

7 Tribal government, or State court system to improve the 

8 automation and transmittal of mental health records and 

9 criminal history dispositions, records relevant to deter10 mining whether a person has been convicted of a mis11 demeanor crime of domestic violence, court orders, and 

12 mental health adjudications or commitments to Federal 

13 and State record repositories in accordance with section 

14 102 and the National Criminal History Improvement Pro15 gram. 

16 ‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 

17 States, Indian Tribal governments, or State court systems 

18 under this section may only be used to— 

19 ‘‘(1) carry out, as necessary, assessments of the 

20 capabilities of the courts of the State or Indian Trib21 al government for the automation and transmission 

22 of arrest and conviction records, court orders, and 

23 mental health adjudications or commitments to Fed24 eral and State record repositories; 


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1 ‘‘(2) implement policies, systems, and proce2 dures for the automation and transmission of arrest 

3 and conviction records, court orders, and mental 

4 health adjudications or commitments to Federal and 

5 State record repositories; 

6 ‘‘(3) create electronic systems that provide ac7 curate and up-to-date information which is directly 

8 related to checks under the National Instant Crimi9 nal Background Check System, including court dis10 position and corrections records; 

11 ‘‘(4) assist States or Indian Tribal governments 

12 in establishing or enhancing their own capacities to 

13 perform background checks using the National In14 stant Criminal Background Check System; and 

15 ‘‘(5) develop and maintain the relief from dis16 abilities program in accordance with section 105. 

17 ‘‘(c) ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—To be eligible for a grant 

19 under this section, a State, Indian Tribal govern20 ment, or State court system shall certify, to the sat21 isfaction of the Attorney General, that the State, In22 dian Tribal government, or State court system— 

23 ‘‘(A) is not prohibited by State law or 

24 court order from submitting mental health 


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1 records to the National Instant Criminal Back2 ground Check System; and 

3 ‘‘(B) subject to paragraph (2), has imple4 mented a relief from disabilities program in ac5 cordance with section 105. 

6 ‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 

7 For purposes of obtaining a grant under this sec8 tion, a State, Indian Tribal government, or State 

9 court system shall not be required to meet the eligi10 bility requirement described in paragraph (1)(B) 

11 until the date that is 2 years after the date of enact12 ment of the Public Safety and Second Amendment 

13 Rights Protection Act of 2013. 

14 ‘‘(d) FEDERAL SHARE.— 

15 ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL

16 ACTIVITIES.—The Federal share of a study, assess17 ment, creation of a task force, or other non-material 

18 activity, as determined by the Attorney General, car19 ried out with a grant under this section shall be not 

20 more than 25 percent. 

21 ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP22 MENT.—The Federal share of an activity involving 

23 infrastructure or system development, including 

24 labor-related costs, for the purpose of improving 

25 State or Indian Tribal government record reporting 


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1 to the National Instant Criminal Background Check 

2 System carried out with a grant under this section 

3 may amount to 100 percent of the cost of the activ4 ity. 

5 ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 

6 of the grant funding available under this section may be 

7 reserved for Indian tribal governments for use by Indian 

8 tribal judicial systems. 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $100,000,000 for each of fiscal years 2014 through 

12 2017.’’; 

13 (2) by striking title III; and 

14 (3) in section 401(b), by inserting after ‘‘of this 

15 Act’’ the following: ‘‘and 18 months after the date 

16 of enactment of the Public Safety and Second 

17 Amendment Rights Protection Act of 2013’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections in section 1(b) of the NICS Improve20 ment Amendments Act of 2007 (18 U.S.C. 922 note) is 

21 amended by striking the item relating to section 103 and 

22 inserting the following: 

‘‘Sec. 103. Grants to States for improvement of coordination and automation 

of NICS record reporting.’’. 


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1 SEC. 104. RELIEF FROM DISABILITIES PROGRAM. 

2 Section 105 of the NICS Improvement Amendments 

3 Act of 2007 (18 U.S.C. 922 note) is amended by adding 

4 at the end the following: 

5 ‘‘(c) PENALTIES FOR NON-COMPLIANCE.— 

6 ‘‘(1) 10 PERCENT REDUCTION.—During the 1- 

7 year period beginning 2 years after the date of en8 actment of the Public Safety and Second Amend9 ment Rights Protection Act of 2013, the Attorney 

10 General shall withhold 10 percent of the amount 

11 that would otherwise be allocated to a State under 

12 section 505 of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 (42 U.S.C. 3755) if the State 

14 has not implemented a relief from disabilities pro15 gram in accordance with this section. 

16 ‘‘(2) 11 PERCENT REDUCTION.—During the 1- 

17 year period after the expiration of the period de18 scribed in paragraph (1), the Attorney General shall 

19 withhold 11 percent of the amount that would other20 wise be allocated to a State under section 505 of the 

21 Omnibus Crime Control and Safe Streets Act of 

22 1968 (42 U.S.C. 3755) if the State has not imple23 mented a relief from disabilities program in accord24 ance with this section. 

25 ‘‘(3) 13 PERCENT REDUCTION.—During the 1- 

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1 scribed in paragraph (2), the Attorney General shall 

2 withhold 13 percent of the amount that would other3 wise be allocated to a State under section 505 of the 

4 Omnibus Crime Control and Safe Streets Act of 

5 1968 (42 U.S.C. 3755) if the State has not imple6 mented a relief from disabilities program in accord7 ance with this section. 

8 ‘‘(4) 15 PERCENT REDUCTION.—After the expi9 ration of the 1-year period described in paragraph 

10 (3), the Attorney General shall withhold 15 percent 

11 of the amount that would otherwise be allocated to 

12 a State under section 505 of the Omnibus Crime 

13 Control and Safe Streets Act of 1968 (42 U.S.C. 

14 3755) if the State has not implemented a relief from 

15 disabilities program in accordance with this sec16 tion.’’. 

17 SEC. 105. ADDITIONAL PROTECTIONS FOR OUR VETERANS. 

18 (a) IN GENERAL.—Chapter 55 of title 38, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 5511. Conditions for treatment of certain persons 

22 as adjudicated mentally incompetent for 

23 certain purposes 

24 ‘‘(a) IN GENERAL.—In any case arising out of the 

25 administration by the Secretary of laws and benefits under 


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1 this title, a person who is determined by the Secretary to 

2 be mentally incompetent shall not be considered adju3 dicated pursuant to subsection (d)(4) or (g)(4) of section 

4 922 of title 18 until— 

5 ‘‘(1) in the case in which the person does not 

6 request a review as described in subsection (c)(1), 

7 the end of the 30-day period beginning on the date 

8 on which the person receives notice submitted under 

9 subsection (b); or 

10 ‘‘(2) in the case in which the person requests a 

11 review as described in paragraph (1) of subsection 

12 (c), upon an assessment by the board designated or 

13 established under paragraph (2) of such subsection 

14 or court of competent jurisdiction that a person can15 not safely use, carry, possess, or store a firearm due 

16 to mental incompetency. 

17 ‘‘(b) NOTICE.—Notice submitted under this sub18 section to a person described in subsection (a) is notice 

19 submitted by the Secretary that notifies the person of the 

20 following: 

21 ‘‘(1) The determination made by the Secretary. 

22 ‘‘(2) A description of the implications of being 

23 considered adjudicated as a mental defective under 

24 subsection (d)(4) or (g)(4) of section 922 of title 18. 


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1 ‘‘(3) The person’s right to request a review 

2 under subsection (c)(1). 

3 ‘‘(c) ADMINISTRATIVE REVIEW.—(1) Not later than 

4 30 days after the date on which a person described in sub5 section (a) receives notice submitted under subsection (b), 

6 such person may request a review by the board designed 

7 or established under paragraph (2) or a court of com8 petent jurisdiction to assess whether a person cannot safe9 ly use, carry, possess, or store a firearm due to mental 

10 incompetency. In such assessment, the board may consider 

11 the person’s honorable discharge or decoration. 

12 ‘‘(2) Not later than 180 days after the date of enact13 ment of the Public Safety and Second Amendment Rights 

14 Protection Act of 2013, the Secretary shall designate or 

15 establish a board that shall, upon request of a person 

16 under paragraph (1), assess whether a person cannot safe17 ly use, carry, possess, or store a firearm due to mental 

18 incompetency. 

19 ‘‘(d) JUDICIAL REVIEW.—Not later than 30 days 

20 after the date of an assessment of a person under sub21 section (c) by the board designated or established under 

22 paragraph (2) of such subsection, such person may file 

23 a petition for judicial review of such assessment with a 

24 Federal court of competent jurisdiction. 


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1 ‘‘(e) PROTECTING RIGHTS OF VETERANS WITH EX2 ISTING RECORDS.—Not later than 90 days after the date 

3 of enactment of the Public Safety and Second Amendment 

4 Rights Protection Act of 2013, the Secretary shall provide 

5 written notice of the opportunity for administrative review 

6 and appeal under subsection (c) to all persons who, on 

7 the date of enactment of the Public Safety and Second 

8 Amendment Rights Protection Act of 2013, are considered 

9 adjudicated pursuant to subsection (d)(4) or (g)(4) of sec10 tion 922 of title 18 as a result of having been found by 

11 the Department of Veterans Affairs to be mentally incom12 petent. 

13 ‘‘(f) FUTURE DETERMINATIONS.— 

14 ‘‘(1) IN GENERAL.—Not later than 180 days 

15 after the enactment of the Public Safety and Second 

16 Amendment Rights Protection Act of 2013, the Sec17 retary shall review the policies and procedures by 

18 which individuals are determined to be mentally in19 competent, and shall revise such policies and proce20 dures as necessary to ensure that any individual who 

21 is competent to manage his own financial affairs, in22 cluding his receipt of Federal benefits, but who vol23 untarily turns over the management thereof to a fi24 duciary is not considered adjudicated pursuant to 

25 subsection (d)(4) or (g)(4) of section 922 of title 18. 


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1 ‘‘(2) REPORT.—Not later than 30 days after 

2 the Secretary has made the review and changes re3 quired under paragraph (1), the Secretary shall sub4 mit to Congress a report detailing the results of the 

5 review and any resulting policy and procedural 

6 changes.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 55 of such title is amended 

9 by adding at the end the following new item: 

‘‘5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.’’. 

10 (c) APPLICABILITY.—Section 5511 of title 38, United 

11 States Code (as added by this section), shall apply only 

12 with respect to persons who are determined by the Sec13 retary of Veterans Affairs, on or after the date of the en14 actment of this Act, to be mentally incompetent, except 

15 that those persons who are provided notice pursuant to 

16 section 5511(e) of such title shall be entitled to use the 

17 administrative review under section 5511(c) of such title 

18 and, as necessary, the subsequent judicial review under 

19 section 5511(d) of such title. 


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1 SEC. 106. CLARIFICATION THAT FEDERAL COURT INFOR2 MATION IS TO BE MADE AVAILABLE TO THE 

3 NATIONAL INSTANT CRIMINAL BACKGROUND 

4 CHECK SYSTEM. 

5 Section 103(e)(1) of Public Law 103–159 (18 U.S.C. 

6 922 note), is amended by adding at the end the following: 

7 ‘‘(F) APPLICATION TO FEDERAL

8 COURTS.—In this subsection— 

9 ‘‘(i) the terms ‘department or agency 

10 of the United States’ and ‘Federal depart11 ment or agency’ include a Federal court; 

12 and 

13 ‘‘(ii) for purposes of any request, sub14 mission, or notification, the Director of the 

15 Administrative Office of the United States 

16 Courts shall perform the functions of the 

17 head of the department or agency.’’. 

18 SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL 

19 HEALTH RECORDS TO THE NATIONAL IN20 STANT CRIMINAL BACKGROUND CHECK SYS21 TEM IS NOT PROHIBITED BY THE HEALTH IN22 SURANCE PORTABILITY AND ACCOUNT23 ABILITY ACT. 

24 Information collected under section 102(c)(3) of the 

25 NICS Improvement Amendments Act of 2007 (18 U.S.C. 

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1 tion 922(g)(4) of title 18, United States Code, shall not 

2 be subject to the regulations promulgated under section 

3 264(c) of the Health Insurance Portability and Account4 ability Act of 1996 (42 U.S.C. 1320d–2 note). 

5 SEC. 108. PUBLICATION OF NICS INDEX STATISTICS. 

6 Not later than 180 days after the date of enactment 

7 of this Act, and biannually thereafter, the Attorney Gen8 eral shall make the National Instant Criminal Background 

9 Check System index statistics available on a publically ac10 cessible Internet website. 

11 SEC. 109. EFFECTIVE DATE. 

12 The amendments made by this title shall take effect 

13 180 days after the date of enactment of this Act. 

14 TITLE II—PROVIDING A RESPON15 SIBLE AND CONSISTENT 

16 BACKGROUND CHECK PROC17 ESS 

18 SEC. 201. PURPOSE. 

19 The purpose of this title is to enhance the current 

20 background check process in the United States to ensure 

21 criminals and the mentally ill are not able to purchase fire22 arms. 

23 SEC. 202. FIREARMS TRANSFERS. 

24 (a) IN GENERAL.—Section 922 of title 18, United 

25 States Code, is amended— 


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1 (1) by repealing subsection (s); 

2 (2) by redesignating subsection (t) as sub3 section (s); 

4 (3) in subsection (s), as redesignated— 

5 (A) in paragraph (1)(B)— 

6 (i) in clause (i), by striking ‘‘or’’; 

7 (ii) in clause (ii), by striking ‘‘and’’ at 

8 the end; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(iii) in the case of an instant background 

12 check conducted at a gun show or event during the 

13 4-year period beginning on the effective date under 

14 section 210(a) of the Public Safety and Second 

15 Amendment Rights Protection Act of 2013, 48 

16 hours have elapsed since the licensee contacted the 

17 system, and the system has not notified the licensee 

18 that the receipt of a firearm by such other person 

19 would violate subsection (g) or (n) of this section; or 

20 ‘‘(iv) in the case of an instant background 

21 check conducted at a gun show or event after the 4- 

22 year period described in clause (iii), 24 hours have 

23 elapsed since the licensee contacted the system, and 

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1 ceipt of a firearm by such other person would violate 

2 subsection (g) or (n) of this section; and’’; 

3 (B) in paragraph (3)(C)(ii), by striking 

4 ‘‘(as defined in subsection (s)(8))’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(7) In this subsection— 

7 ‘‘(A) the term ‘chief law enforcement offi8 cer’ means the chief of police, the sheriff, or an 

9 equivalent officer or the designee of any such 

10 individual; and 

11 ‘‘(B) the term ‘gun show or event’ has the 

12 meaning given the term in subsection (t)(7). 

13 ‘‘(8) The Federal Bureau of Investigation shall 

14 not charge a user fee for a background check con15 ducted pursuant to this subsection. 

16 ‘‘(9) Notwithstanding any other provision of 

17 this chapter, upon receiving a request for an instant 

18 background check that originates from a gun show 

19 or event, the system shall complete the instant back20 ground check before completing any pending instant 

21 background check that did not originate from a gun 

22 show or event.’’; and 

23 (4) by inserting after subsection (s), as redesig24 nated, the following: 


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1 ‘‘(t)(1) Beginning on the date that is 180 days after 

2 the date of enactment of this subsection and except as pro3 vided in paragraph (2), it shall be unlawful for any person 

4 other than a licensed dealer, licensed manufacturer, or li5 censed importer to complete the transfer of a firearm to 

6 any other person who is not licensed under this chapter, 

7 if such transfer occurs— 

8 ‘‘(A) at a gun show or event, on the curtilage 

9 thereof; or 

10 ‘‘(B) pursuant to an advertisement, posting, 

11 display or other listing on the Internet or in a publi12 cation by the transferor of his intent to transfer, or 

13 the transferee of his intent to acquire, the firearm. 

14 ‘‘(2) Paragraph (1) shall not apply if— 

15 ‘‘(A) the transfer is made after a licensed im16 porter, licensed manufacturer, or licensed dealer has 

17 first taken possession of the firearm for the purpose 

18 of complying with subsection (s), and upon taking 

19 possession of the firearm, the licensee— 

20 ‘‘(i) complies with all requirements of this 

21 chapter as if the licensee were transferring the 

22 firearm from the licensee’s business inventory 

23 to the unlicensed transferee, except that when 

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1 ground check a valid permit issued within the 

2 previous 5 years by a State, or a political sub3 division of a State, that allows the transferee to 

4 possess, acquire, or carry a firearm, if the law 

5 of the State, or political subdivision of a State, 

6 that issued the permit requires that such per7 mit is issued only after an authorized govern8 ment official has verified that the information 

9 available to such official does not indicate that 

10 possession of a firearm by the unlicensed trans11 feree would be in violation of Federal, State, or 

12 local law; 

13 ‘‘(B) the transfer is made between an unli14 censed transferor and an unlicensed transferee resid15 ing in the same State, which takes place in such 

16 State, if— 

17 ‘‘(i) the Attorney General certifies that 

18 State in which the transfer takes place has in 

19 effect requirements under law that are generally 

20 equivalent to the requirements of this section; 

21 and 

22 ‘‘(ii) the transfer was conducted in compli23 ance with the laws of the State; 

24 ‘‘(C) the transfer is made between spouses, be25 tween parents or spouses of parents and their chilVerDate Mar 15 2010 23:39 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1605.IH H1605

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1 dren or spouses of their children, between siblings or 

2 spouses of siblings, or between grandparents or 

3 spouses of grandparents and their grandchildren or 

4 spouses of their grandchildren, or between aunts or 

5 uncles or their spouses and their nieces or nephews 

6 or their spouses, or between first cousins, if the 

7 transferor does not know or have reasonable cause 

8 to believe that the transferee is prohibited from re9 ceiving or possessing a firearm under Federal, State, 

10 or local law; or 

11 ‘‘(D) the Attorney General has approved the 

12 transfer under section 5812 of the Internal Revenue 

13 Code of 1986. 

14 ‘‘(3) A licensed importer, licensed manufacturer, or 

15 licensed dealer who processes a transfer of a firearm au16 thorized under paragraph (2)(A) shall not be subject to 

17 a license revocation or license denial based solely upon a 

18 violation of those paragraphs, or a violation of the rules 

19 or regulations promulgated under this paragraph, unless 

20 the licensed importer, licensed manufacturer, or licensed 

21 dealer— 

22 ‘‘(A) knows or has reasonable cause to believe 

23 that the information provided for purposes of identi24 fying the transferor, transferee, or the firearm is 

25 false; 


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1 ‘‘(B) knows or has reasonable cause to believe 

2 that the transferee is prohibited from purchasing, 

3 receiving, or possessing a firearm by Federal or 

4 State law, or published ordinance; or 

5 ‘‘(C) knowingly violates any other provision of 

6 this chapter, or the rules or regulations promulgated 

7 thereunder. 

8 ‘‘(4)(A) Notwithstanding any other provision of this 

9 chapter, except for section 923(m), the Attorney General 

10 may implement this subsection with regulations. 

11 ‘‘(B) Regulations promulgated under this paragraph 

12 may not include any provision requiring licensees to facili13 tate transfers in accordance with paragraph (2)(A). 

14 ‘‘(C) Regulations promulgated under this paragraph 

15 may not include any provision requiring persons not li16 censed under this chapter to keep records of background 

17 checks or firearms transfers. 

18 ‘‘(D) Regulations promulgated under this paragraph 

19 may not include any provision placing a cap on the fee 

20 licensees may charge to facilitate transfers in accordance 

21 with paragraph (2)(A). 

22 ‘‘(5)(A) A person other than a licensed importer, li23 censed manufacturer, or licensed dealer, who makes a 

24 transfer of a firearm in accordance with this section, or 

25 who is the organizer of a gun show or event at which such 


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1 transfer occurs, shall be immune from a qualified civil li2 ability action relating to the transfer of the firearm as if 

3 the person were a seller of a qualified product. 

4 ‘‘(B) A provider of an interactive computer service 

5 shall be immune from a qualified civil liability action relat6 ing to the transfer of a firearm as if the provider of an 

7 interactive computer service were a seller of a qualified 

8 product. 

9 ‘‘(C) In this paragraph— 

10 ‘‘(i) the term ‘interactive computer service’ shall 

11 have the meaning given the term in section 230(f) 

12 of the Communications Act of 1934 (47 U.S.C. 

13 230(f)); and 

14 ‘‘(ii) the terms ‘qualified civil liability action’, 

15 ‘qualified product’, and ‘seller’ shall have the mean16 ings given the terms in section 4 of the Protection 

17 of Lawful Commerce in Arms Act (15 U.S.C. 7903). 

18 ‘‘(D) Nothing in this paragraph shall be construed 

19 to affect the immunity of a provider of an interactive com20 puter service under section 230 of the Communications 

21 Act of 1934 (47 U.S.C. 230). 

22 ‘‘(6) In any civil liability action in any State or Fed23 eral court arising from the criminal or unlawful use of a 

24 firearm following a transfer of such firearm for which no 


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1 background check was required under this section, this 

2 section shall not be construed— 

3 ‘‘(A) as creating a cause of action for any civil 

4 liability; or 

5 ‘‘(B) as establishing any standard of care. 

6 ‘‘(7) For purposes of this subsection, the term ‘gun 

7 show or event’— 

8 ‘‘(A) means any event at which 75 or more fire9 arms are offered or exhibited for sale, exchange, or 

10 transfer, if 1 or more of the firearms has been 

11 shipped or transported in, or otherwise affects, inter12 state or foreign commerce; and 

13 ‘‘(B) does not include an offer or exhibit of fire14 arms for sale, exchange, or transfer by an individual 

15 from the personal collection of that individual, at the 

16 private residence of that individual, if the individual 

17 is not required to be licensed under section 923.’’. 

18 (b) PROHIBITING THE SEIZURE OF RECORDS OR

19 DOCUMENTS.—Section 923(g)(1)(D) is amended by strik20 ing, ‘‘The inspection and examination authorized by this 

21 paragraph shall not be construed as authorizing the Attor22 ney General to seize any records or other documents other 

23 than those records or documents constituting material evi24 dence of a violation of law,’’ and inserting the following: 

25 ‘‘The Attorney General shall be prohibited from seizing 


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1 any records or other documents in the course of an inspec2 tion or examination authorized by this paragraph other 

3 than those records or documents constituting material evi4 dence of a violation of law.’’. 

5 (c) PROHIBITION OF NATIONAL GUN REGISTRY.— 

6 Section 923 of title 18, United States Code, is amended 

7 by adding at the end the following: 

8 ‘‘(m) The Attorney General may not consolidate or 

9 centralize the records of the— 

10 ‘‘(1) acquisition or disposition of firearms, or 

11 any portion thereof, maintained by— 

12 ‘‘(A) a person with a valid, current license 

13 under this chapter; 

14 ‘‘(B) an unlicensed transferor under sec15 tion 922(t); or 

16 ‘‘(2) possession or ownership of a firearm, 

17 maintained by any medical or health insurance enti18 ty.’’. 

19 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) SECTION 922.—Section 922(y)(2) of title 

21 18, United States Code, is amended, in the matter 

22 preceding subparagraph (A), by striking ‘‘, 

23 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 

24 (g)(5)(B)’’. 


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1 (2) CONSOLIDATED AND FURTHER CONTINUING

2 APPROPRIATIONS ACT, 2012.—Section 511 of title V 

3 of division B of the Consolidated and Further Con4 tinuing Appropriations Act, 2012 (18 U.S.C. 922 

5 note) is amended by striking ‘‘subsection 922(t)’’ 

6 and inserting ‘‘subsection (s) or (t) of section 922’’ 

7 each place it appears. 

8 SEC. 203. PENALTIES. 

9 Section 924 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (a), by adding at the end the 

12 following: 

13 ‘‘(8) Whoever makes or attempts to make a transfer 

14 of a firearm in violation of section 922(t) to a person not 

15 licensed under this chapter who is prohibited from receiv16 ing a firearm under subsection (g) or (n) of section 922 

17 or State law, to a law enforcement officer, or to a person 

18 acting at the direction of, or with the approval of, a law 

19 enforcement officer authorized to investigate or prosecute 

20 violations of section 922(t), shall be fined under this title, 

21 imprisoned not more than 5 years, or both.’’; and 

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

23 ‘‘(q) IMPROPER USE OF STORAGE OF RECORDS.— 

24 Any person who knowingly violates section 923(m) shall 


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1 be fined under this title, imprisoned not more than 15 

2 years, or both.’’. 

3 SEC. 204. FIREARMS DISPOSITIONS. 

4 Section 922(b)(3) of title 18, United States Code, is 

5 amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by striking ‘‘located’’ and inserting ‘‘located or tem8 porarily located’’; and 

9 (2) in subparagraph (A)— 

10 (A) by striking ‘‘rifle or shotgun’’ and in11 serting ‘‘firearm’’; 

12 (B) by striking ‘‘located’’ and inserting 

13 ‘‘located or temporarily located’’; and 

14 (C) by striking ‘‘both such States’’ and in15 serting ‘‘the State in which the transfer is con16 ducted and the State of residence of the trans17 feree’’. 

18 SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCE19 MENT INFORMATION. 

20 Section 103(b) of Public Law 103–159 (18 U.S.C. 

21 922 note), is amended— 

22 (1) by striking ‘‘Not later than’’ and inserting 

23 the following: 

24 ‘‘(1) IN GENERAL.—Not later than’’; and 

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


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1 ‘‘(2) VOLUNTARY BACKGROUND CHECKS.—Not 

2 later than 90 days after the date of enactment of 

3 the Public Safety and Second Amendment Rights 

4 Protection Act of 2013, the Attorney General shall 

5 promulgate regulations allowing licensees to use the 

6 National Instant Criminal Background Check Sys7 tem established under this section for purposes of 

8 conducting voluntary preemployment background 

9 checks on prospective employees.’’. 

10 SEC. 206. DEALER LOCATION. 

11 Section 923 of title 18, United States Code, is 

12 amended— 

13 (1) in subsection (j)— 

14 (A) in the first sentence, by striking ‘‘, and 

15 such location is in the State which is specified 

16 on the license’’; and 

17 (B) in the last sentence— 

18 (i) by inserting ‘‘transfer,’’ after 

19 ‘‘sell,’’; and 

20 (ii) by striking ‘‘Act,’’ and all that fol21 lows and inserting ‘‘Act.’’; and 

22 (2) by adding after subsection (m), as added by 

23 section 202(c), the following: 

24 ‘‘(n) Nothing in this chapter shall be construed to 

25 prohibit the sale, transfer, delivery, or other disposition 


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1 of a firearm or ammunition not otherwise prohibited under 

2 this chapter— 

3 ‘‘(1) by a person licensed under this chapter to 

4 another person so licensed, at any location in any 

5 State; or 

6 ‘‘(2) by a licensed importer, licensed manufac7 turer, or licensed dealer to a person not licensed 

8 under this chapter, at a temporary location de9 scribed in subsection (j) in any State.’’. 

10 SEC. 207. RESIDENCE OF UNITED STATES OFFICERS. 

11 Section 921 of title 18, United States Code, is 

12 amended by striking subsection (b) and inserting the fol13 lowing: 

14 ‘‘(b) For purposes of this chapter: 

15 ‘‘(1) A member of the Armed Forces on active 

16 duty, or a spouse of such a member, is a resident 

17 of— 

18 ‘‘(A) the State in which the member or 

19 spouse maintains legal residence; 

20 ‘‘(B) the State in which the permanent 

21 duty station of the member is located; and 

22 ‘‘(C) the State in which the member main23 tains a place of abode from which the member 

24 commutes each day to the permanent duty sta25 tion of the member. 


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1 ‘‘(2) An officer or employee of the United 

2 States (other than a member of the Armed Forces) 

3 who is stationed outside the United States for a pe4 riod of more than 1 year, and a spouse of such an 

5 officer or employee, is a resident of the State in 

6 which the person maintains legal residence.’’. 

7 SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR 

8 AMMUNITION. 

9 (a) IN GENERAL.—Section 926A of title 18, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 926A. Interstate transportation of firearms or am12 munition 

13 ‘‘(a) DEFINITION.—In this section, the term ‘trans14 port’— 

15 ‘‘(1) includes staying in temporary lodging over16 night, stopping for food, fuel, vehicle maintenance, 

17 an emergency, medical treatment, and any other ac18 tivity incidental to the transport; and 

19 ‘‘(2) does not include transportation— 

20 ‘‘(A) with the intent to commit a crime 

21 punishable by imprisonment for a term exceed22 ing 1 year that involves a firearm; or 

23 ‘‘(B) with knowledge, or reasonable cause 

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1 graph (A) is to be committed in the course of, 

2 or arising from, the transportation. 

3 ‘‘(b) AUTHORIZATION.—Notwithstanding any provi4 sion of any law (including a rule or regulation) of a State 

5 or any political subdivision thereof, a person who is not 

6 prohibited by this chapter from possessing, transporting, 

7 shipping, or receiving a firearm or ammunition shall be 

8 entitled to— 

9 ‘‘(1) transport a firearm for any lawful purpose 

10 from any place where the person may lawfully pos11 sess, carry, or transport the firearm to any other 

12 such place if, during the transportation— 

13 ‘‘(A) the firearm is unloaded; and 

14 ‘‘(B)(i) if the transportation is by motor 

15 vehicle— 

16 ‘‘(I) the firearm is not directly acces17 sible from the passenger compartment of 

18 the motor vehicle; or 

19 ‘‘(II) if the motor vehicle is without a 

20 compartment separate from the passenger 

21 compartment, the firearm is— 

22 ‘‘(aa) in a locked container other 

23 than the glove compartment or con24 sole; or 


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1 ‘‘(bb) secured by a secure gun 

2 storage or safety device; or 

3 ‘‘(ii) if the transportation is by other 

4 means, the firearm is in a locked container or 

5 secured by a secure gun storage or safety de6 vice; and 

7 ‘‘(2) transport ammunition for any lawful pur8 pose from any place where the person may lawfully 

9 possess, carry, or transport the ammunition, to any 

10 other such place if, during the transportation— 

11 ‘‘(A) the ammunition is not loaded into a 

12 firearm; and 

13 ‘‘(B)(i) if the transportation is by motor 

14 vehicle— 

15 ‘‘(I) the ammunition is not directly 

16 accessible from the passenger compartment 

17 of the motor vehicle; or 

18 ‘‘(II) if the motor vehicle is without a 

19 compartment separate from the passenger 

20 compartment, the ammunition is in a 

21 locked container other than the glove com22 partment or console; or 

23 ‘‘(ii) if the transportation is by other 

24 means, the ammunition is in a locked container. 


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1 ‘‘(c) LIMITATION ON ARREST AUTHORITY.—A person 

2 who is transporting a firearm or ammunition may not 

3 be— 

4 ‘‘(1) arrested for violation of any law or any 

5 rule or regulation of a State, or any political subdivi6 sion thereof, relating to the possession, transpor7 tation, or carrying of firearms or ammunition, unless 

8 there is probable cause that the transportation is not 

9 in accordance with subsection (b); or 

10 ‘‘(2) detained for violation of any law or any 

11 rule or regulation of a State, or any political subdivi12 sion thereof, relating to the possession, transpor13 tation, or carrying of firearms or ammunition, unless 

14 there is reasonable suspicion that the transportation 

15 is not in accordance with subsection (b).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 44 of title 18, United 

18 States Code, is amended by striking the item relating to 

19 section 926A and inserting the following: 

‘‘926A. Interstate transportation of firearms or ammunition.’’. 

20 SEC. 209. RULE OF CONSTRUCTION. 

21 Nothing in this title, or an amendment made by this 

22 title, shall be construed— 

23 (1) to extend background check requirements to 

24 transfers other than those made at gun shows or on 

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1 ment, posting, display, or other listing on the Inter2 net or in a publication by the transferor of the in3 tent of the transferor to transfer, or the transferee 

4 of the intent of the transferee to acquire, the fire5 arm; or 

6 (2) to extend background check requirements to 

7 temporary transfers for purposes including lawful 

8 hunting or sporting or to temporary possession of a 

9 firearm for purposes of examination or evaluation by 

10 a prospective transferee. 

11 SEC. 210. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), this title and the amendments made by this title shall 

14 take effect 180 days after the date of enactment of this 

15 Act. 

16 (b) FIREARM DEALER ACCESS TO LAW ENFORCE17 MENT INFORMATION.—Section 205 and the amendments 

18 made by section 205 shall take effect on the date of enact19 ment of this Act. 

20 TITLE III—NATIONAL COMMIS21 SION ON MASS VIOLENCE 

22 SEC. 301. SHORT TITLE. 

23 This title may be cited as the ‘‘National Commission 

24 on Mass Violence Act of 2013’’. 


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1 SEC. 302. NATIONAL COMMISSION ON MASS VIOLENCE. 

2 (a) ESTABLISHMENT OF COMMISSION.—There is es3 tablished a commission to be known as the National Com4 mission on Mass Violence (in this title referred to as the 

5 ‘‘Commission’’) to study the availability and nature of fire6 arms, including the means of acquiring firearms, issues 

7 relating to mental health, and all positive and negative im8 pacts of the availability and nature of firearms on inci9 dents of mass violence or in preventing mass violence. 

10 (b) MEMBERSHIP.— 

11 (1) APPOINTMENTS.—The Commission shall be 

12 composed of 12 members, of whom— 

13 (A) 6 members of the Commission shall be 

14 appointed by the Majority Leader of the Sen15 ate, in consultation with the Democratic leader16 ship of the House of Representatives, 1 of 

17 whom shall serve as Chairman of the Commis18 sion; and 

19 (B) 6 members of the Commission shall be 

20 appointed by the Speaker of the House of Rep21 resentatives, in consultation with the Repub22 lican leadership of the Senate, 1 of whom shall 

23 serve as Vice Chairman of the Commission. 

24 (2) PERSONS ELIGIBLE.— 

25 (A) IN GENERAL.—The members ap26 pointed to the Commission shall include— 


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1 (i) well-known and respected individ2 uals among their peers in their respective 

3 fields of expertise; and 

4 (ii) not less than 1 non-elected indi5 vidual from each of the following cat6 egories, who has expertise in the category, 

7 by both experience and training: 

8 (I) Firearms. 

9 (II) Mental health. 

10 (III) School safety. 

11 (IV) Mass media. 

12 (B) EXPERTS.—In identifying the individ13 uals to serve on the Commission, the appointing 

14 authorities shall take special care to identify ex15 perts in the fields described in section 

16 303(a)(2). 

17 (C) PARTY AFFILIATION.—Not more than 

18 6 members of the Commission shall be from the 

19 same political party. 

20 (3) COMPLETION OF APPOINTMENTS; VACAN21 CIES.—Not later than 30 days after the date of en22 actment of this Act, the appointing authorities under 

23 paragraph (1) shall each make their respective ap24 pointments. Any vacancy that occurs during the life 

25 of the Commission shall not affect the powers of the 


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1 Commission, and shall be filled in the same manner 

2 as the original appointment not later than 30 days 

3 after the vacancy occurs. 

4 (4) OPERATION OF THE COMMISSION.— 

5 (A) MEETINGS.— 

6 (i) IN GENERAL.—The Commission 

7 shall meet at the call of the Chairman. 

8 (ii) INITIAL MEETING.—The initial 

9 meeting of the Commission shall be con10 ducted not later than 30 days after the 

11 later of— 

12 (I) the date of the appointment 

13 of the last member of the Commis14 sion; or 

15 (II) the date on which appro16 priated funds are available for the 

17 Commission. 

18 (B) QUORUM; VACANCIES; VOTING; 

19 RULES.—A majority of the members of the 

20 Commission shall constitute a quorum to con21 duct business, but the Commission may estab22 lish a lesser quorum for conducting hearings 

23 scheduled by the Commission. Each member of 

24 the Commission shall have 1 vote, and the vote 

25 of each member shall be accorded the same 


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1 weight. The Commission may establish by ma2 jority vote any other rules for the conduct of 

3 the Commission’s business, if such rules are not 

4 inconsistent with this title or other applicable 

5 law. 

6 SEC. 303. DUTIES OF THE COMMISSION. 

7 (a) STUDY.— 

8 (1) IN GENERAL.—It shall be the duty of the 

9 Commission to conduct a comprehensive factual 

10 study of incidents of mass violence, including inci11 dents of mass violence not involving firearms, in the 

12 context of the many acts of senseless mass violence 

13 that occur in the United States each year, in order 

14 to determine the root causes of such mass violence. 

15 (2) MATTERS TO BE STUDIED.—In determining 

16 the root causes of these recurring and tragic acts of 

17 mass violence, the Commission shall study any mat18 ter that the Commission determines relevant to 

19 meeting the requirements of paragraph (1), includ20 ing at a minimum— 

21 (A) the role of schools, including the level 

22 of involvement and awareness of teachers and 

23 school administrators in the lives of their stu24 dents and the availability of mental health and 

25 other resources and strategies to help detect 


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1 and counter tendencies of students towards 

2 mass violence; 

3 (B) the effectiveness of and resources 

4 available for school security strategies to pre5 vent incidents of mass violence; 

6 (C) the role of families and the availability 

7 of mental health and other resources and strat8 egies to help families detect and counter ten9 dencies toward mass violence; 

10 (D) the effectiveness and use of, and re11 sources available to, the mental health system 

12 in understanding, detecting, and countering 

13 tendencies toward mass violence, as well as the 

14 effects of treatments and therapies; 

15 (E) whether medical doctors and other 

16 mental health professionals have the ability, 

17 without negative legal or professional con18 sequences, to notify law enforcement officials 

19 when a patient is a danger to himself or others; 

20 (F) the nature and impact of the alien21 ation of the perpetrators of such incidents of 

22 mass violence from their schools, families, peer 

23 groups, and places of work; 

24 (G) the role that domestic violence plays in 

25 causing incidents of mass violence; 


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1 (H) the effect of depictions of mass vio2 lence in the media, and any impact of such de3 pictions on incidents of mass violence; 

4 (I) the availability and nature of firearms, 

5 including the means of acquiring such firearms, 

6 and all positive and negative impacts of such 

7 availability and nature on incidents of mass vio8 lence or in preventing mass violence; 

9 (J) the role of current prosecution rates in 

10 contributing to the availability of weapons that 

11 are used in mass violence; 

12 (K) the availability of information regard13 ing the construction of weapons, including ex14 plosive devices, and any impact of such infor15 mation on such incidents of mass violence; 

16 (L) the views of law enforcement officials, 

17 religious leaders, mental health experts, and 

18 other relevant officials on the root causes and 

19 prevention of mass violence; 

20 (M) incidents in which firearms were used 

21 to stop mass violence; and 

22 (N) any other area that the Commission 

23 determines contributes to the causes of mass vi24 olence. 


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1 (3) TESTIMONY OF VICTIMS AND SURVIVORS.— 

2 In determining the root causes of these recurring 

3 and tragic incidents of mass violence, the Commis4 sion shall, in accordance with section 304(a), take 

5 the testimony of victims and survivors to learn and 

6 memorialize their views and experiences regarding 

7 such incidents of mass violence. 

8 (b) RECOMMENDATIONS.—Based on the findings of 

9 the study required under subsection (a), the Commission 

10 shall make recommendations to the President and Con11 gress to address the causes of these recurring and tragic 

12 incidents of mass violence and to reduce such incidents 

13 of mass violence. 

14 (c) REPORTS.— 

15 (1) INTERIM REPORT.—Not later than 3 

16 months after the date on which the Commission first 

17 meets, the Commission shall submit to the President 

18 and Congress an interim report describing any ini19 tial recommendations of the Commission. 

20 (2) FINAL REPORT.—Not later than 6 months 

21 after the date on which the Commission first meets, 

22 the Commission shall submit to the President and 

23 Congress a comprehensive report of the findings and 

24 conclusions of the Commission, together with the 

25 recommendations of the Commission. 


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1 (3) SUMMARIES.—The report under paragraph 

2 (2) shall include a summary of— 

3 (A) the reports submitted to the Commis4 sion by any entity under contract for research 

5 under section 304(e); and 

6 (B) any other material relied on by the 

7 Commission in the preparation of the report. 

8 SEC. 304. POWERS OF THE COMMISSION. 

9 (a) HEARINGS.— 

10 (1) IN GENERAL.—The Commission may hold 

11 such hearings, sit and act at such times and places, 

12 administer such oaths, take such testimony, and re13 ceive such evidence as the Commission considers ad14 visable to carry out its duties under section 143. 

15 (2) WITNESS EXPENSES.—Witnesses requested 

16 to appear before the Commission shall be paid the 

17 same fees as are paid to witnesses under section 

18 1821 of title 28, United States Code. 

19 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

20 Commission may secure directly from any Federal agency 

21 such information as the Commission considers necessary 

22 to carry out its duties under section 143. Upon the request 

23 of the Commission, the head of such agency may furnish 

24 such information to the Commission. 

25 (c) INFORMATION TO BE KEPT CONFIDENTIAL.— 


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1 (1) IN GENERAL.—The Commission shall be 

2 considered an agency of the Federal Government for 

3 purposes of section 1905 of title 18, United States 

4 Code, and any individual employed by any individual 

5 or entity under contract with the Commission under 

6 subsection (d) shall be considered an employee of the 

7 Commission for the purposes of section 1905 of title 

8 18, United States Code. 

9 (2) DISCLOSURE.—Information obtained by the 

10 Commission or the Attorney General under this title 

11 and shared with the Commission, other than infor12 mation available to the public, shall not be disclosed 

13 to any person in any manner, except— 

14 (A) to Commission employees or employees 

15 of any individual or entity under contract to the 

16 Commission under subsection (d) for the pur17 pose of receiving, reviewing, or processing such 

18 information; 

19 (B) upon court order; or 

20 (C) when publicly released by the Commis21 sion in an aggregate or summary form that 

22 does not directly or indirectly disclose— 

23 (i) the identity of any person or busi24 ness entity; or 


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1 (ii) any information which could not 

2 be released under section 1905 of title 18, 

3 United States Code. 

4 (d) CONTRACTING FOR RESEARCH.—The Commis5 sion may enter into contracts with any entity for research 

6 necessary to carry out the duties of the Commission under 

7 section 303. 

8 SEC. 305. COMMISSION PERSONNEL MATTERS. 

9 (a) COMPENSATION OF MEMBERS.—Each member of 

10 the Commission who is not an officer or employee of the 

11 Federal Government shall be compensated at a rate equal 

12 to the daily equivalent of the annual rate of basic pay pre13 scribed for level IV of the Executive Schedule under sec14 tion 5315 of title 5, United States Code, for each day (in15 cluding travel time) during which such member is engaged 

16 in the performance of the duties of the Commission. All 

17 members of the Commission who are officers or employees 

18 of the United States shall serve without compensation in 

19 addition to that received for their services as officers or 

20 employees of the United States. 

21 (b) TRAVEL EXPENSES.—The members of the Com22 mission shall be allowed travel expenses, including per 

23 diem in lieu of subsistence, at rates authorized for employ24 ees of agencies under subchapter I of chapter 57 of title 

25 5, United States Code, while away from their homes or 


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1 regular places of business in the performance of service 

2 for the Commission. 

3 (c) STAFF.— 

4 (1) IN GENERAL.—The Chairman of the Com5 mission may, without regard to the civil service laws 

6 and regulations, appoint and terminate an executive 

7 director and such other additional employees as may 

8 be necessary to enable the Commission to perform 

9 its duties. The employment and termination of an 

10 executive director shall be subject to confirmation by 

11 a majority of the members of the Commission. 

12 (2) COMPENSATION.—The executive director 

13 shall be compensated at a rate not to exceed the rate 

14 payable for level V of the Executive Schedule under 

15 section 5316 of title 5, United States Code. The 

16 Chairman may fix the compensation of other em17 ployees without regard to the provisions of chapter 

18 51 and subchapter III of chapter 53 of title 5, 

19 United States Code, relating to classification of posi20 tions and General Schedule pay rates, except that 

21 the rate of pay for such employees may not exceed 

22 the rate payable for level V of the Executive Sched23 ule under section 5316 of such title. 

24 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

25 Any Federal Government employee, with the apVerDate Mar 15 2010 23:39 Apr 23, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1605.IH H1605

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1 proval of the head of the appropriate Federal agen2 cy, may be detailed to the Commission without reim3 bursement, and such detail shall be without inter4 ruption or loss of civil service status, benefits, or 

5 privilege. 

6 (d) PROCUREMENT OF TEMPORARY AND INTERMIT7 TENT SERVICES.—The Chairman of the Commission may 

8 procure temporary and intermittent services under section 

9 3109(b) of title 5, United States Code, at rates for individ10 uals not to exceed the daily equivalent of the annual rate 

11 of basic pay prescribed for level V of the Executive Sched12 ule under section 5316 of such title. 

13 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Com15 mission and any agency of the Federal Government assist16 ing the Commission in carrying out its duties under this 

17 title such sums as may be necessary to carry out the pur18 poses of this title. Any sums appropriated shall remain 

19 available, without fiscal year limitation, until expended. 

20 SEC. 307. TERMINATION OF THE COMMISSION. 

21 The Commission shall terminate 30 days after the 

22 Commission submits the final report under section 

23 303(c)(2). 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS