II 

118TH CONGRESS 

2D SESSION S. 4104 

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 for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2024 

Mr. GRASSLEY (for himself, Mr. CRUZ, and Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

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 for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting Communities and Preserving the Second 

6 Amendment Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Reauthorization and improvements to NICS. 

Sec. 4. Availability of records to NICS. 

Sec. 5. Definitions relating to mental health. 

Sec. 6. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. 

Sec. 7. Reports and certifications to Congress. 

Sec. 8. Increasing Federal prosecution of gun violence. 

Sec. 9. Prosecution of felons and fugitives who attempt to illegally purchase 

firearms. 

Sec. 10. Limitation on operations by the Department of Justice. 

Sec. 11. Increased penalties for lying and buying. 

Sec. 12. Amendments to section 924. 

Sec. 13. Study by the National Institute of Justice and National Academy of 

Sciences on the causes of mass shootings. 

Sec. 14. Reports to Congress regarding ammunition purchases by Federal agencies. 

Sec. 15. Reduction of Byrne JAG funds for State failure to provide mental 

health records to NICS. 

Sec. 16. Firearm commerce modernization. 

Sec. 17. Interstate transportation of firearms or ammunition. 

Sec. 18. Preventing duplicative grants. 

Sec. 19. Regional firearms trafficking task forces. 

1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘agency’’ has the meaning given 

4 the term in section 551 of title 5, United States 

5 Code; 

6 (2) the term ‘‘covered firearms provision’’ 

7 means section 922, 924, 932, or 933 of title 18, 

8 United States Code, or section 5861 of the Internal 

9 Revenue Code of 1986; 

10 (3) the term ‘‘NICS’’ means the National In11 stant Criminal Background Check System; and 

12 (4) the term ‘‘relevant Federal records’’ means 

13 any record demonstrating that a person is prohibited 

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1 section (g) or (n) of section 922 of title 18, United 

2 States Code. 

3 SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS. 

4 (a) IN GENERAL.—Section 103 of the NICS Im5 provement Amendments Act of 2007 (34 U.S.C. 40913) 

6 is amended— 

7 (1) by redesignating subsections (e), (f), and 

8 (g) as subsections (f), (g), and (h), respectively; 

9 (2) by amending subsection (f), as so redesig10 nated, to read as follows: 

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

12 are authorized to be appropriated to carry out this section 

13 $20,000,000 for each of fiscal years 2025 through 2029.’’; 

14 and 

15 (3) by inserting after subsection (d) the fol16 lowing: 

17 ‘‘(e) ACCOUNTABILITY.—All grants awarded by the 

18 Attorney General under this section shall be subject to the 

19 following accountability provisions: 

20 ‘‘(1) DEFINITION.—In this subsection, the term 

21 ‘unresolved audit finding’ means a finding in the 

22 final audit report of the Inspector General of the 

23 Department of Justice that the audited grantee has 

24 utilized grant funds for an unauthorized expenditure 

25 or otherwise unallowable cost that is not closed or 


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1 resolved within 12 months from the date when the 

2 final audit report is issued. 

3 ‘‘(2) AUDITS.— 

4 ‘‘(A) IN GENERAL.—Beginning in the first 

5 fiscal year beginning after the date of enact6 ment of the Protecting Communities and Pre7 serving the Second Amendment Act of 2024, 

8 and in each fiscal year thereafter, the Inspector 

9 General of the Department of Justice shall con10 duct audits of recipients of grants under this 

11 section to prevent waste, fraud, and abuse of 

12 funds by grantees. 

13 ‘‘(B) SELECTION OF GRANTEES FOR

14 AUDIT.—The Inspector General shall determine 

15 the appropriate number of grantees to be au16 dited each year. 

17 ‘‘(3) PRIORITY.—In awarding grants under this 

18 section, the Attorney General shall give priority to 

19 eligible applicants that did not have an unresolved 

20 audit finding during the 3 fiscal years before sub21 mitting an application for a grant under this sec22 tion.’’. 

23 (b) MODIFICATION OF ELIGIBILITY REQUIRE24 MENTS.—The NICS Improvement Amendments Act of 

25 2007 (34 U.S.C. 40902 et seq.) is amended— 


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1 (1) in section 102(b)(1) (34 U.S.C. 

2 40912(b)(1))— 

3 (A) in subparagraph (A), by striking ‘‘sub4 paragraph (C)’’ and inserting ‘‘subparagraph 

5 (B)’’; 

6 (B) by striking subparagraph (B); and 

7 (C) by redesignating subparagraph (C) as 

8 subparagraph (B); 

9 (2) in section 103 (34 U.S.C. 40913)— 

10 (A) in subsection (a)(1), by striking ‘‘and 

11 subject to section 102(b)(1)(B)’’; and 

12 (B) in subsection (e)(2)(B)(ii)(II), by 

13 striking ‘‘section 102(b)(1)(C)’’ and inserting 

14 ‘‘section 102(b)(1)(B)’’; and 

15 (3) in section 104(d) (34 U.S.C. 40914(d)), by 

16 striking ‘‘section 102(b)(1)(C)’’ and inserting ‘‘sec17 tion 102(b)(1)(B)’’. 

18 SEC. 4. AVAILABILITY OF RECORDS TO NICS. 

19 (a) GUIDANCE.—Not later than 45 days after the 

20 date of enactment of this Act, the Attorney General shall 

21 issue guidance regarding— 

22 (1) the identification and sharing of relevant 

23 Federal records; and 

24 (2) submission of the relevant Federal records 

25 to NICS. 


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1 (b) PRIORITIZATION OF RECORDS.—Each agency 

2 that possesses relevant Federal records shall prioritize 

3 providing the relevant information contained in the rel4 evant Federal records to NICS on a regular and ongoing 

5 basis in accordance with the guidance issued by the Attor6 ney General under subsection (a). 

7 (c) REPORTS.—Not later than 60 days after the At8 torney General issues guidance under subsection (a), the 

9 head of each agency shall submit a report to the Attorney 

10 General that— 

11 (1) advises whether the agency possesses rel12 evant Federal records; and 

13 (2) describes the implementation plan of the 

14 agency for making the relevant information con15 tained in relevant Federal records available to NICS 

16 in a manner consistent with applicable law. 

17 (d) DETERMINATION OF RELEVANCE.—The Attorney 

18 General shall resolve any dispute regarding whether— 

19 (1) agency records are relevant Federal records; 

20 and 

21 (2) the relevant Federal records of an agency 

22 should be made available to NICS. 

23 SEC. 5. DEFINITIONS RELATING TO MENTAL HEALTH. 

24 (a) TITLE 18 DEFINITIONS.—Chapter 44 of title 18, 

25 United States Code, is amended— 


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1 (1) in section 921(a), by adding at the end the 

2 following: 

3 ‘‘(38)(A) Subject to subparagraph (B), the term ‘has 

4 been adjudicated mentally incompetent or has been com5 mitted to a psychiatric hospital’, with respect to a per6 son— 

7 ‘‘(i) means the person is the subject of an order 

8 or finding by a judicial officer, court, board, commis9 sion, or other adjudicative body— 

10 ‘‘(I) that was issued after— 

11 ‘‘(aa) a hearing— 

12 ‘‘(AA) of which the person re13 ceived actual notice; and 

14 ‘‘(BB) at which the person had 

15 an opportunity to participate with 

16 counsel; or 

17 ‘‘(bb) the person knowingly and intel18 ligently waived the opportunity for a hear19 ing— 

20 ‘‘(AA) of which the person re21 ceived actual notice; and 

22 ‘‘(BB) at which the person would 

23 have had an opportunity to participate 

24 with counsel; and 


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1 ‘‘(II) that found that the person, as a re2 sult of marked subnormal intelligence, mental 

3 impairment, or mental illness— 

4 ‘‘(aa) was a danger to himself or her5 self or to others; 

6 ‘‘(bb) was guilty but mentally ill in a 

7 criminal case; 

8 ‘‘(cc) was not guilty in a criminal case 

9 by reason of insanity or mental disease or 

10 defect; 

11 ‘‘(dd) was incompetent to stand trial 

12 in a criminal case; 

13 ‘‘(ee) was not guilty only by reason of 

14 lack of mental responsibility under section 

15 850a of title 10 (article 50a of the Uni16 form Code of Military Justice); 

17 ‘‘(ff) required involuntary inpatient 

18 treatment by a psychiatric hospital; 

19 ‘‘(gg) required involuntary outpatient 

20 treatment by a psychiatric hospital based 

21 on a finding that the person is a danger to 

22 himself or herself or to others; or 

23 ‘‘(hh) required involuntary commit24 ment to a psychiatric hospital for any rea25 son, including drug use; and 


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1 ‘‘(ii) does not include— 

2 ‘‘(I) a person who is in a psychiatric hos3 pital for observation; or 

4 ‘‘(II) a voluntary admission to a psy5 chiatric hospital. 

6 ‘‘(B) In this paragraph, the term ‘order or finding’ 

7 does not include— 

8 ‘‘(i) an order or finding that has expired or has 

9 been set aside or expunged; 

10 ‘‘(ii) an order or finding that is no longer appli11 cable because a judicial officer, court, board, com12 mission, or other adjudicative body has found that 

13 the person who is the subject of the order or find14 ing— 

15 ‘‘(I) does not present a danger to himself 

16 or to others; 

17 ‘‘(II) has been restored to sanity or cured 

18 of mental disease or defect; 

19 ‘‘(III) has been restored to competency; or 

20 ‘‘(IV) no longer requires involuntary inpa21 tient or outpatient treatment by, or involuntary 

22 commitment to, a psychiatric hospital; or 

23 ‘‘(iii) an order or finding with respect to which 

24 the person who is subject to the order or finding has 

25 been granted relief from disabilities under section 


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1 925(c) or under a program described in section 

2 101(c)(2)(A) or 105 of the NICS Improvement 

3 Amendments Act of 2007 (34 U.S.C. 

4 40911(c)(2)(A), 40915). 

5 ‘‘(39) The term ‘psychiatric hospital’ includes a men6 tal health facility, a mental hospital, a sanitarium, a psy7 chiatric facility, and any other facility that provides diag8 noses by licensed professionals of mental retardation or 

9 mental illness, including a psychiatric ward in a general 

10 hospital.’’; and 

11 (2) in section 922— 

12 (A) in subsection (d)(4)— 

13 (i) by striking ‘‘as a mental defective’’ 

14 and inserting ‘‘mentally incompetent’’; and 

15 (ii) by striking ‘‘any mental institu16 tion’’ and inserting ‘‘a psychiatric hos17 pital’’; 

18 (B) in subsection (g)(4)— 

19 (i) by striking ‘‘as a mental defective 

20 or who has’’ and inserting ‘‘mentally in21 competent or has’’; and 

22 (ii) by striking ‘‘mental institution’’ 

23 and inserting ‘‘psychiatric hospital’’; and 

24 (C) in subsection (s)(3)(B)(iv)— 


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1 (i) by striking ‘‘as a mental defective’’ 

2 and inserting ‘‘mentally incompetent’’; and 

3 (ii) by striking ‘‘any mental institu4 tion’’ and inserting ‘‘a psychiatric hos5 pital’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The NICS Improvement Amendments Act of 2007 (34 

8 U.S.C. 40902 et seq.) is amended— 

9 (1) by striking ‘‘as a mental defective’’ each 

10 place that term appears and inserting ‘‘mentally in11 competent’’; 

12 (2) by striking ‘‘mental institution’’ each place 

13 that term appears and inserting ‘‘psychiatric hos14 pital’’; and 

15 (3) in section 102(c)(3) (34 U.S.C. 

16 40912(c)(3))— 

17 (A) in the paragraph heading, by striking 

18 ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO

19 A MENTAL INSTITUTION’’ and inserting ‘‘MEN20 TALLY INCOMPETENT OR COMMITTED TO A PSY21 CHIATRIC HOSPITAL’’; and 

22 (B) by striking ‘‘mental institutions’’ and 

23 inserting ‘‘psychiatric hospitals’’. 


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1 SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PER2 SONS AS ADJUDICATED MENTALLY INCOM3 PETENT FOR CERTAIN PURPOSES. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 5511. Conditions for treatment of certain persons 

8 as adjudicated mentally incompetent for 

9 certain purposes 

10 ‘‘In any case arising out of the administration by the 

11 Secretary of laws and benefits under this title, a person 

12 who is mentally incapacitated, deemed mentally incom13 petent, or experiencing an extended loss of consciousness 

14 shall not be considered adjudicated as mentally incom15 petent under subsection (d)(4) or (g)(4) of section 922 

16 of title 18 without the order or finding of a judge, mag17 istrate, or other judicial authority of competent jurisdic18 tion that such person is a danger to himself or herself 

19 or others.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections at the beginning of chapter 55 of 

22 title 38, United States Code, is amended by adding at the 

23 end the following: 

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


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1 SEC. 7. REPORTS AND CERTIFICATIONS TO CONGRESS. 

2 (a) NICS REPORTS.—Not later than October 1, 

3 2025, and every year thereafter, the head of each agency 

4 that possesses relevant Federal records shall submit a re5 port to Congress that includes— 

6 (1) a description of the relevant Federal records 

7 possessed by the agency that can be shared with 

8 NICS in a manner consistent with applicable law; 

9 (2) the number of relevant Federal records the 

10 agency submitted to NICS during the reporting pe11 riod; 

12 (3) efforts made to increase the percentage of 

13 relevant Federal records possessed by the agency 

14 that are submitted to NICS; 

15 (4) any obstacles to increasing the percentage 

16 of relevant Federal records possessed by the agency 

17 that are submitted to NICS; 

18 (5) measures put in place to provide notice and 

19 programs for relief from disabilities as required 

20 under the NICS Improvement Amendments Act of 

21 2007 (34 U.S.C. 40902 et seq.) if the agency makes 

22 qualifying adjudications relating to the mental 

23 health of an individual; 

24 (6) measures put in place to correct, modify, or 

25 remove records available to NICS when the basis on 


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1 which the records were made available no longer ap2 plies; and 

3 (7) additional steps that will be taken during 

4 the 1-year period after the submission of the report 

5 to improve the processes by which relevant Federal 

6 records are— 

7 (A) identified; 

8 (B) made available to NICS; and 

9 (C) corrected, modified, or removed from 

10 NICS. 

11 (b) CERTIFICATIONS.— 

12 (1) IN GENERAL.—The annual report require13 ment in subsection (a) shall not apply to an agency 

14 that, as part of a report required to be submitted 

15 under subsection (a), provides certification that the 

16 agency has— 

17 (A) made available to NICS relevant Fed18 eral records that can be shared in a manner 

19 consistent with applicable law; 

20 (B) a plan to make any relevant Federal 

21 records available to NICS and a description of 

22 that plan; and 

23 (C) a plan to update, modify, or remove 

24 records electronically from NICS not less than 

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1 ment Amendments Act of 2007 (34 U.S.C. 

2 40902 et seq.) and a description of that plan. 

3 (2) FREQUENCY.—Each agency that is not re4 quired to submit annual reports under paragraph 

5 (1) shall submit an annual certification to Congress 

6 attesting that the agency continues to submit rel7 evant Federal records to NICS and has corrected, 

8 modified, or removed records available to NICS 

9 when the basis on which the records were made 

10 available no longer applies. 

11 (c) REPORTS TO CONGRESS ON FIREARMS PROSECU12 TIONS.— 

13 (1) DEFINITION.—In this subsection, the term 

14 ‘‘covered firearms case’’ means a case presented to 

15 the Department of Justice for review or prosecution, 

16 in which the objective facts of the case provide prob17 able cause to believe that there has been a violation 

18 of a covered firearms provision. 

19 (2) REPORT TO CONGRESS.—Not later than 

20 February 1, 2025, and February 1 of every year 

21 thereafter through 2034, the Attorney General shall 

22 submit to the Committee on the Judiciary and the 

23 Committee on Appropriations of the Senate and the 

24 Committee on the Judiciary and the Committee on 

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1 port regarding covered firearms cases during the fis2 cal year that ended on September 30 of the pre3 ceding year. 

4 (3) SUBJECT OF ANNUAL REPORT.—Not later 

5 than 90 days after the date of enactment of this 

6 Act, the Attorney General shall require each compo7 nent of the Department of Justice, including each 

8 United States Attorney’s Office, to furnish for the 

9 purposes of the report described in paragraph (2), 

10 information relating to any covered firearms case. 

11 (4) ELEMENTS OF ANNUAL REPORT.—The re12 ports submitted under paragraph (2) shall include, 

13 for the fiscal year covered by the report— 

14 (A) a list of the covered firearms cases in 

15 which a decision has been made not to charge 

16 an individual with a violation of a covered fire17 arms provision, or any other violation of Fed18 eral criminal law; 

19 (B) in any covered firearms case described 

20 in subparagraph (A), the reason that no charge 

21 was filed under a covered firearms provision; 

22 (C) for each covered firearms case— 

23 (i) whether an indictment, informa24 tion, or other charge has been filed against 


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1 any person or whether the matter is pend2 ing; 

3 (ii) if an indictment, information, or 

4 other charge has been filed, whether the 

5 charging document contains 1 or more 

6 counts alleging a violation of a covered 

7 firearms provision; 

8 (iii) if a charging document was filed 

9 that contains 1 or more counts alleging a 

10 violation of a covered firearms provision, 

11 whether a plea agreement of any kind has 

12 been entered into with the individual 

13 charged in the case; 

14 (iv) if a plea agreement has been en15 tered— 

16 (I) whether the plea agreement 

17 required that the individual plead 

18 guilty or enter a plea of nolo 

19 contendere or otherwise caused a 

20 court to enter a conviction against 

21 that individual for a violation of a cov22 ered firearms provision; and 

23 (II) if the plea agreement did not 

24 require that the individual plead 

25 guilty or enter a plea of nolo 


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1 contendere or otherwise cause a court 

2 to enter a conviction against that indi3 vidual for a violation of a covered fire4 arms provision, the charges to which 

5 that individual did plead guilty; 

6 (v) if a charging document was filed 

7 that contains 1 or more counts alleging a 

8 violation of a covered firearms provision, 

9 the result of any trial of such charges 

10 (guilty, not guilty, mistrial); and 

11 (vi) if a charging document was filed 

12 that did not contain a count alleging a vio13 lation of a covered firearms provision, the 

14 nature of the other charges brought and 

15 the result of any trial of such other 

16 charges as have been brought (guilty, not 

17 guilty, mistrial); 

18 (D) the number of persons who attempted 

19 to purchase a firearm but were denied because 

20 of a background check conducted in accordance 

21 with section 922(t) of title 18, United States 

22 Code; and 

23 (E) the number of prosecutions conducted 

24 in relation to persons described in subpara25 graph (D). 


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1 SEC. 8. INCREASING FEDERAL PROSECUTION OF GUN VIO2 LENCE. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Attorney General shall 

5 establish in jurisdictions specified in subsection (c) a pro6 gram that meets the requirements of subsection (b), to 

7 be known as the Nationwide Project Exile Expansion. 

8 (b) PROGRAM ELEMENTS.—Each program estab9 lished under subsection (a) shall, for the jurisdiction con10 cerned— 

11 (1) provide for coordination with State and 

12 local law enforcement officials in the identification of 

13 violations of a covered firearms provision; 

14 (2) provide for the establishment of agreements 

15 with State and local law enforcement officials for the 

16 referral for investigation or prosecution by the Bu17 reau of Alcohol, Tobacco, Firearms and Explosives 

18 and the United States Attorney of instances in 

19 which the State or local law enforcement officials de20 termine that there is probable cause to believe that 

21 a person arrested by the officials has violated a cov22 ered firearms provision; 

23 (3) provide for the establishment of multijuris24 dictional task forces, coordinated by the Executive 

25 Office for United States Attorneys to investigate and 

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1 chase firearms in 1 jurisdiction and transfer them to 

2 another; 

3 (4) require that the United States Attorney 

4 designate not less than 1 Assistant United States 

5 Attorney to prosecute violations of a covered fire6 arms provision; and 

7 (5) ensure that each person referred to the 

8 United States Attorney under paragraph (2) be 

9 charged with a violation of the most serious covered 

10 firearms provision, consistent with the act com11 mitted. 

12 (c) COVERED JURISDICTIONS.— 

13 (1) IN GENERAL.—Subject to paragraph (2), 

14 the jurisdictions specified in this subsection are— 

15 (A) the 10 jurisdictions with a population 

16 equal to or greater than 100,000 persons that 

17 had the highest total number of homicides ac18 cording to the uniform crime report of the Fed19 eral Bureau of Investigation for the most recent 

20 year available; 

21 (B) the 5 jurisdictions with such a popu22 lation, other than the jurisdictions covered by 

23 paragraph (1), with the highest per capita rate 

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1 port of the Federal Bureau of Investigation for 

2 the most recent year available; and 

3 (C) the 3 Tribal jurisdictions that have the 

4 highest homicide crime rates, as determined by 

5 the Attorney General. 

6 (2) LIMITATION.—The 15 jurisdictions de7 scribed in subparagraphs (A) and (B) shall not in8 clude any jurisdiction other than those within the 50 

9 States. 

10 (d) ANNUAL REPORTS.—Not later than 1 year after 

11 the date of enactment of this Act, and annually thereafter, 

12 the Attorney General shall submit to the Committee on 

13 the Judiciary of the Senate and the Committee on the Ju14 diciary of the House of Representatives a report con15 taining the following information: 

16 (1) The number of individuals indicted for a 

17 violation of a covered firearms provision during the 

18 preceding year as a result of the program. 

19 (2) The increase or decrease in the number of 

20 individuals indicted for a violation of a covered fire21 arms provision during the preceding year as a result 

22 of the program when compared with the year before 

23 such preceding year. 


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1 (3) The number of individuals held without 

2 bond in anticipation of prosecution as a result of the 

3 program during the preceding year. 

4 (4) To the extent the information is available, 

5 the average length of prison sentence of the individ6 uals convicted of a violation of a covered firearms 

7 provision as a result of the program. 

8 (5) The number of multijurisdictional task 

9 forces established and the number of individuals ar10 rested, indicted, convicted or acquitted of charges for 

11 a violation of a covered firearms provision. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated to carry out the program under this 

15 section $15,000,000 for each of fiscal years 2025, 

16 2026, and 2027, which shall be used for salaries and 

17 expenses of Assistant United States Attorneys and 

18 Bureau of Alcohol, Tobacco, Firearms and Explo19 sives agents. 

20 (2) USE OF FUNDS.— 

21 (A) ASSISTANT UNITED STATES ATTOR22 NEYS.—The Assistant United States Attorneys 

23 hired using amounts authorized to be appro24 priated under paragraph (1) shall prosecute vio25 lations of covered firearms provisions in accordVerDate Sep 11 2014 00:49 Apr 20, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4104.IS S4104

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1 ance with any agreement entered into under 

2 subsection (b)(2). 

3 (B) ATF AGENTS.—The Bureau of Alco4 hol, Tobacco, Firearms and Explosives agents 

5 hired using amounts authorized to be appro6 priated under paragraph (1) shall, to the max7 imum extent practicable, concentrate their in8 vestigations on violations of covered firearms 

9 provisions in accordance with any agreement 

10 entered into under subsection (b)(2), with an 

11 emphasis on heightened enforcement and pros12 ecution of straw purchasers under section 932 

13 or 933 of title 18, United States Code. 

14 SEC. 9. PROSECUTION OF FELONS AND FUGITIVES WHO AT15 TEMPT TO ILLEGALLY PURCHASE FIREARMS. 

16 (a) TASK FORCE.— 

17 (1) ESTABLISHMENT.—There is established a 

18 task force within the Department of Justice, which 

19 shall be known as the Felon and Fugitive Firearm 

20 Task Force (referred to in this section as the ‘‘Task 

21 Force’’), to strengthen the efforts of the Department 

22 of Justice to investigate and prosecute cases of con23 victed felons and fugitives from justice who illegally 

24 attempt to purchase a firearm. 


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1 (2) MEMBERSHIP.—The members of the Task 

2 Force shall be— 

3 (A) the Deputy Attorney General, who 

4 shall serve as the Chairperson of the Task 

5 Force; 

6 (B) the Assistant Attorney General for the 

7 Criminal Division; 

8 (C) the Director of the Bureau of Alcohol, 

9 Tobacco, Firearms and Explosives; 

10 (D) the Director of the Federal Bureau of 

11 Investigation; and 

12 (E) such other officers or employees of the 

13 Department of Justice as the Attorney General 

14 may designate. 

15 (3) DUTIES.—The Task Force shall— 

16 (A) provide direction for the investigation 

17 and prosecution of cases of convicted felons and 

18 fugitives from justice attempting to illegally 

19 purchase a firearm; and 

20 (B) provide recommendations to the Attor21 ney General relating to— 

22 (i) the allocation and reallocation of 

23 resources of the Department of Justice for 

24 investigation and prosecution of cases of 


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•S 4104 IS

1 convicted felons and fugitives from justice 

2 attempting to illegally purchase a firearm; 

3 (ii) enhancing cooperation among 

4 agencies and entities of the Federal Gov5 ernment in the investigation and prosecu6 tion of cases of convicted felons and fugi7 tives from justice attempting to illegally 

8 purchase a firearm; 

9 (iii) enhancing cooperation among 

10 Federal, State, and local authorities re11 sponsible for the investigation and prosecu12 tion of cases of convicted felons and fugi13 tives from justice attempting to illegally 

14 purchase a firearm; and 

15 (iv) changes in rules, regulations, or 

16 policy to improve the effective investigation 

17 and prosecution of cases of convicted felons 

18 and fugitives from justice attempting to il19 legally purchase a firearm. 

20 (4) MEETINGS.—The Task Force shall meet 

21 not less than twice per year. 

22 (5) TERMINATION.—The Task Force shall ter23 minate on the date that is 5 years after the date of 

24 enactment of this Act. 


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1 (b) AUTHORIZATION FOR USE OF FUNDS.—Section 

2 524(c)(1) of title 28, United States Code, is amended— 

3 (1) in subparagraph (I), by striking ‘‘and’’ at 

4 the end; 

5 (2) in subparagraph (J), by striking the period 

6 at the end and inserting ‘‘; and’’; and 

7 (3) by inserting after subparagraph (J) the fol8 lowing: 

9 ‘‘(K) the investigation and prosecution of cases 

10 of convicted felons and fugitives from justice who il11 legally attempt to purchase a firearm, in accordance 

12 with the direction provided under section 9 of the 

13 Protecting Communities and Preserving the Second 

14 Amendment Act of 2024, provided that— 

15 ‘‘(i) not more than $10,000,000 shall be 

16 available to the Attorney General for each of 

17 fiscal years 2025 through 2029 under this sub18 paragraph; and 

19 ‘‘(ii) not more than 5 percent of the 

20 amounts made available under this subpara21 graph may be used for the administrative costs 

22 of the task force established under section 9 of 

23 the Protecting Communities and Preserving the 

24 Second Amendment Act of 2024.’’. 


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•S 4104 IS

1 SEC. 10. LIMITATION ON OPERATIONS BY THE DEPART2 MENT OF JUSTICE. 

3 The Department of Justice, and any of the law en4 forcement coordinate agencies of the Department of Jus5 tice, shall not conduct any operation where a Federal fire6 arms licensee is directed, instructed, enticed, or otherwise 

7 encouraged by the Department of Justice to sell a firearm 

8 to an individual if the Department of Justice, or a coordi9 nate agency, knows or has reasonable cause to believe that 

10 such an individual is purchasing on behalf of another for 

11 an illegal purpose unless the Attorney General, the Deputy 

12 Attorney General, or the Assistant Attorney General for 

13 the Criminal Division personally reviews and approves the 

14 operation, in writing, and determines that the agency has 

15 prepared an operational plan that includes sufficient safe16 guards to prevent firearms from being transferred to third 

17 parties without law enforcement taking reasonable steps 

18 to lawfully interdict those firearms. 

19 SEC. 11. INCREASED PENALTIES FOR LYING AND BUYING. 

20 Section 924(a)(1) of title 18, United States Code, is 

21 amended in the undesignated matter following subpara22 graph (D) by striking ‘‘five years’’ and inserting the fol23 lowing: ‘‘5 years (or, in the case of a violation under sub24 paragraph (A), not more than 10 years)’’. 


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1 SEC. 12. AMENDMENT TO SECTION 924(a). 

2 Section 924(a)(8) of title 18, United States Code, is 

3 amended by striking ‘‘(d) or (g)’’ and inserting ‘‘(d), (g), 

4 or (n)’’. 

5 SEC. 13. STUDY BY THE NATIONAL INSTITUTE OF JUSTICE 

6 AND NATIONAL ACADEMY OF SCIENCES ON 

7 THE CAUSES OF MASS SHOOTINGS. 

8 (a) IN GENERAL.— 

9 (1) STUDY.— 

10 (A) IN GENERAL.—Not later than 90 days 

11 after the date of enactment of this Act, the At12 torney General shall instruct the Director of the 

13 National Institute of Justice, to conduct a peer14 reviewed study to examine various sources and 

15 causes of mass shootings including psycho16 logical factors, the impact of violent video 

17 games, and other factors. 

18 (B) CONTRACT WITH THE NATIONAL

19 ACADEMY OF SCIENCES.—The Director shall 

20 enter into a contract with the National Acad21 emy of Sciences to conduct this study jointly 

22 with an independent panel of 5 experts ap23 pointed by the Academy. 

24 (2) REPORT.—Not later than 1 year after the 

25 date on which the study required under paragraph 

26 (1) begins, the Director of the National Institute of 


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•S 4104 IS

1 Justice shall submit to Congress a report detailing 

2 the findings of the study. 

3 (b) ISSUES EXAMINED.—The study conducted under 

4 subsection (a)(1) shall examine— 

5 (1) mental illness; 

6 (2) the availability of mental health and other 

7 resources and strategies to help families detect and 

8 counter tendencies toward violence; 

9 (3) the availability of mental health and other 

10 resources at schools to help detect and counter ten11 dencies of students towards violence; 

12 (4) the extent to which perpetrators of mass 

13 shootings, either alleged, convicted, deceased, or oth14 erwise, played violent or adult-themed video games 

15 and whether the perpetrators of mass shootings dis16 cussed, played, or used violent or adult-themed video 

17 games in preparation of or to assist in carrying out 

18 their violent actions; 

19 (5) familial relationships, including the level of 

20 involvement and awareness of parents; 

21 (6) exposure to bullying; and 

22 (7) the extent to which perpetrators of mass 

23 shootings were acting in a ‘‘copycat’’ manner based 

24 upon previous violent events. 


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•S 4104 IS

1 SEC. 14. REPORTS TO CONGRESS REGARDING AMMUNITION 

2 PURCHASES BY FEDERAL AGENCIES. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Director of the Office of Management and 

5 Budget shall submit to the Speaker of the House of Rep6 resentatives, the President pro tempore of the Senate, and 

7 the Chairs and Ranking Members of the Committee on 

8 Appropriations, the Committee on the Judiciary, and the 

9 Committee on Homeland Security and Governmental Af10 fairs of the Senate and the Committee on Appropriations, 

11 the Committee on the Judiciary, the Committee on Home12 land Security, and the Committee on Oversight and Ac13 countability of the House of Representatives, a report in14 cluding— 

15 (1) details of all purchases of ammunition by 

16 each Federal agency during the preceding year; 

17 (2) a summary of all purchases, solicitations, 

18 and expenditures on ammunition by each Federal 

19 agency during the preceding year; 

20 (3) a summary of all the rounds of ammunition 

21 expended by each Federal agency and a current list22 ing of stockpiled ammunition for each Federal agen23 cy during the preceding year; and 

24 (4) an estimate of ammunition needs and pur25 chases for each Federal agency for the next fiscal 

26 year. 


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1 SEC. 15. REDUCTION OF BYRNE JAG FUNDS FOR STATE 

2 FAILURE TO PROVIDE MENTAL HEALTH 

3 RECORDS TO NICS. 

4 Section 104(b) of the NICS Improvement Amend5 ments Act of 2007 (34 U.S.C. 40914(b)) is amended— 

6 (1) by striking paragraphs (1) and (2); 

7 (2) by redesignating paragraph (3) as para8 graph (2); 

9 (3) in paragraph (2), as so redesignated, by 

10 striking ‘‘of paragraph (2)’’ and inserting ‘‘of para11 graph (1)’’; and 

12 (4) by inserting before paragraph (2), as so re13 designated, the following: 

14 ‘‘(1) REDUCTION FOR FAILURE TO PROVIDE

15 MENTAL HEALTH RECORDS.— 

16 ‘‘(A) IN GENERAL.—During the period be17 ginning on the date that is 18 months after the 

18 date of enactment of the Protecting Commu19 nities and Preserving the Second Amendment 

20 Act of 2024 and ending on the day before the 

21 date described in subparagraph (B), the Attor22 ney General shall withhold 5 percent of the 

23 amount that would otherwise be allocated to a 

24 State under section 505 of title I of the Omni25 bus Crime Control and Safe Streets Act of 

26 1968 (34 U.S.C. 10156) if the State does not— 


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1 ‘‘(i) provide not less than 90 percent 

2 of the records required to be provided 

3 under sections 102 and 103; or 

4 ‘‘(ii) have in effect a statute that— 

5 ‘‘(I) requires the State to provide 

6 the records required to be provided 

7 under sections 102 and 103; and 

8 ‘‘(II) implements a relief from 

9 disabilities program in accordance 

10 with section 105. 

11 ‘‘(B) FINAL IMPLEMENTATION DEAD12 LINE.—Beginning on the date that is 5 years 

13 after the date of enactment of the Protecting 

14 Communities and Preserving the Second 

15 Amendment Act of 2024, the Attorney General 

16 shall withhold 10 percent of the amount that 

17 would otherwise be allocated to a State under 

18 section 505 of title I of the Omnibus Crime 

19 Control and Safe Streets Act of 1968 (34 

20 U.S.C. 10156) if the State does not have in ef21 fect a statute described in subparagraph (A)(ii) 

22 of this paragraph.’’. 

23 SEC. 16. FIREARM COMMERCE MODERNIZATION. 

24 (a) FIREARMS DISPOSITIONS.—Section 922(b)(3) of 

25 title 18, United States Code, is amended— 


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•S 4104 IS

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

2 by striking ‘‘located’’ and inserting ‘‘located or tem3 porarily located’’; and 

4 (2) in subparagraph (A)— 

5 (A) by striking ‘‘rifle or shotgun’’ and in6 serting ‘‘firearm’’; 

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

8 ‘‘located or temporarily located’’; and 

9 (C) by striking ‘‘both such States’’ and in10 serting ‘‘the State in which the transfer is con11 ducted and the State of residence of the trans12 feree’’. 

13 (b) DEALER LOCATION.—Section 923 of title 18, 

14 United States Code, is amended— 

15 (1) in subsection (j)— 

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

17 such location is in the State which is specified 

18 on the license’’; and 

19 (B) in the last sentence— 

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

21 ‘‘sell,’’; and 

22 (ii) by striking ‘‘Act,’’ and all that fol23 lows and inserting ‘‘Act.’’; and 

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


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1 ‘‘(m) Nothing in this chapter shall be construed to 

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

3 of a firearm or ammunition— 

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

5 another person so licensed, at any location in any 

6 State; or 

7 ‘‘(2) by a licensed importer, licensed manufac8 turer, or licensed dealer to a person not licensed 

9 under this chapter, at a temporary location de10 scribed in subsection (j) in any State.’’. 

11 (c) RESIDENCE OF UNITED STATES OFFICERS.— 

12 Section 921 of title 18, United States Code, is amended 

13 by striking subsection (b) and inserting the following: 

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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•S 4104 IS

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. 17. 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’ includes— 

15 ‘‘(1) staying in temporary lodging overnight; 

16 ‘‘(2) stopping for food, fuel, vehicle mainte17 nance, an emergency, or medical treatment; and 

18 ‘‘(3) any other activity incidental to the trans19 port. 

20 ‘‘(b) AUTHORIZATION.—Notwithstanding any provi21 sion of any law (including a rule or regulation) of a State 

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

23 prohibited by this chapter from possessing, transporting, 

24 shipping, or receiving a firearm or ammunition shall be 

25 entitled to— 


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•S 4104 IS

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

2 from any place where the person may lawfully pos3 sess, carry, or transport the firearm to any other 

4 such place if, during the transportation— 

5 ‘‘(A) the firearm is unloaded; and 

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

7 vehicle— 

8 ‘‘(I) the firearm is not directly acces9 sible from the passenger compartment of 

10 the motor vehicle; or 

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

12 compartment separate from the passenger 

13 compartment, the firearm is— 

14 ‘‘(aa) in a locked container other 

15 than the glove compartment or con16 sole; or 

17 ‘‘(bb) secured by a secure gun 

18 storage or safety device; or 

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

20 means, the firearm is in a locked container or 

21 secured by a secure gun storage or safety de22 vice; and 

23 ‘‘(2) transport ammunition for any lawful pur24 pose from any place where the person may lawfully 


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•S 4104 IS

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

2 other such place if, during the transportation— 

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

4 firearm; and 

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

6 vehicle— 

7 ‘‘(I) the ammunition is not directly 

8 accessible from the passenger compartment 

9 of the motor vehicle; or 

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

11 compartment separate from the passenger 

12 compartment, the ammunition is in a 

13 locked container other than the glove com14 partment or console; or 

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

16 means, the ammunition is in a locked container. 

17 ‘‘(c) STATE LAW.— 

18 ‘‘(1) ARREST AUTHORITY.—A person who is 

19 transporting a firearm or ammunition may not be— 

20 ‘‘(A) arrested for violation of any law or 

21 any rule or regulation of a State, or any polit22 ical subdivision thereof, relating to the posses23 sion, transportation, or carrying of firearms or 

24 ammunition, unless there is probable cause to 


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1 believe that the transportation is not in accord2 ance with subsection (b); or 

3 ‘‘(B) detained for violation of any law or 

4 any rule or regulation of a State, or any polit5 ical subdivision thereof, relating to the posses6 sion, transportation, or carrying of firearms or 

7 ammunition, unless there is reasonable sus8 picion that the transportation is not in accord9 ance with subsection (b). 

10 ‘‘(2) PROSECUTION.— 

11 ‘‘(A) BURDEN OF PROOF.—If a person as12 serts this section as a defense in a criminal pro13 ceeding, the government shall bear the burden 

14 of proving, beyond a reasonable doubt, that the 

15 conduct of the person was not in accordance 

16 with subsection (b). 

17 ‘‘(B) PREVAILING DEFENDANT.—If a per18 son successfully asserts this section as a defense 

19 in a criminal proceeding, the court shall award 

20 the prevailing defendant reasonable attorney’s 

21 fees.’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

25 section 926A and inserting the following: 

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


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•S 4104 IS

1 SEC. 18. PREVENTING DUPLICATIVE GRANTS. 

2 Section 1701 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (34 U.S.C. 10381) is amend4 ed by adding at the end the following: 

5 ‘‘(o) PREVENTING DUPLICATIVE GRANTS.— 

6 ‘‘(1) IN GENERAL.—Before the Attorney Gen7 eral awards a grant to an applicant under this part, 

8 the Attorney General shall compare potential grant 

9 awards with grants awarded under part A or T to 

10 determine if duplicate grant awards are awarded for 

11 the same purpose. 

12 ‘‘(2) REPORT.—If the Attorney General awards 

13 duplicate grants to the same applicant for the same 

14 purpose the Attorney General shall submit to the 

15 Committee on the Judiciary of the Senate and the 

16 Committee on the Judiciary of the House of Rep17 resentatives a report that includes— 

18 ‘‘(A) a list of all duplicate grants awarded, 

19 including the total dollar amount of any dupli20 cate grants awarded; and 

21 ‘‘(B) the reason the Attorney General 

22 awarded the duplicate grants.’’. 

23 SEC. 19. REGIONAL FIREARMS TRAFFICKING TASK FORCES. 

24 (a) IN GENERAL.—The Attorney General shall estab25 lish or continue to maintain a firearms trafficking task 


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•S 4104 IS

1 force in each of the following field divisions of the Bureau 

2 of Alcohol, Tobacco, Firearms and Explosives: 

3 (1) The Houston Field Division. 

4 (2) The Phoenix Field Division. 

5 (3) The Dallas Field Division. 

6 (4) The Los Angeles Field Division. 

7 (b) STAFFING.—Each firearms trafficking task force 

8 established or maintained under subsection (a) shall con9 sist of no fewer than 12 special agents of the Bureau of 

10 Alcohol, Tobacco, Firearms and Explosives. 

11 (c) DUTIES.—Each firearms trafficking task force es12 tablished or maintained under subsection (a) shall inves13 tigate firearms trafficking, with an emphasis on detecting 

14 and investigating violations of sections 932 and 933 of 

15 title 18, United States Code. 

Æ 


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