II 

Calendar No. 32 

113TH CONGRESS 

1ST SESSION S. 649 

To ensure that all individuals who should be prohibited from buying a firearm 

are listed in the national instant criminal background check system 

and require a background check for every firearm sale, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2013 

Mr. REID introduced the following bill; which was read the first time 

MARCH 22, 2013 

Read the second time and placed on the calendar 

A BILL 

To ensure that all individuals who should be prohibited from 

buying a firearm are listed in the national instant criminal background check system and require a background 

check for every firearm sale, 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 ‘‘Safe Communities, Safe Schools Act of 2013’’. 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FIX GUN CHECKS ACT 

Sec. 101. Short title. 

Subtitle A—Ensuring That All Individuals Who Should Be Prohibited From 

Buying a Gun Are Listed in the National Instant Criminal Background 

Check System 

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

Sec. 112. Penalties for States that do not make data electronically available to 

the National Instant Criminal Background Check System. 

Sec. 113. Clarification that Federal court information is to be made available 

to the National Instant Criminal Background Check System. 

Subtitle B—Requiring a Background Check for Every Firearm Sale 

Sec. 121. Purpose. 

Sec. 122. Firearms transfers. 

Sec. 123. Lost and stolen reporting. 

Sec. 124. Effective date. 

TITLE II—STOP ILLEGAL TRAFFICKING IN FIREARMS ACT 

Sec. 201. Short title. 

Sec. 202. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and 

firearms trafficking amendments. 

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

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

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

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

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

TITLE III—SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT 

Sec. 301. Short title. 

Sec. 302. Grant program for school security. 

Sec. 303. Applications. 

Sec. 304. Authorization of appropriations. 

Sec. 305. Accountability. 

Sec. 306. CAMPUS Safety Act of 2013. 

3 TITLE I—FIX GUN CHECKS ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Fix Gun Checks Act 

6 of 2013’’. 

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1 Subtitle A—Ensuring That All Indi2 viduals Who Should Be Prohib3 ited From Buying a Gun Are 

4 Listed in the National Instant 

5 Criminal Background Check 

6 System 

7 SEC. 111. REAUTHORIZATION OF NICS ACT RECORD IM8 PROVEMENT PROGRAM GRANTS. 

9 (a) IN GENERAL.—Section 102(b) of the NICS Im10 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

11 is amended— 

12 (1) in paragraph (1)(C)— 

13 (A) by striking clauses (ii) and (iii); and 

14 (B) by redesignating clauses (iv), (v), and 

15 (vi) as clauses (ii), (iii), and (iv), respectively; 

16 and 

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

18 following: 

19 ‘‘(2) SCOPE.— 

20 ‘‘(A) IN GENERAL.—The Attorney General, 

21 in determining the compliance of a State under 

22 this section or section 104 for the purpose of 

23 granting a waiver or imposing a loss of Federal 

24 funds, shall assess the total percentage of 

25 records provided by the State concerning any 

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1 event occurring within the time period estab2 lished by the Attorney General under subpara3 graph (B), which would disqualify a person 

4 from possessing a firearm under subsection (g) 

5 or (n) of section 922 of title 18, United States 

6 Code. 

7 ‘‘(B) REGULATIONS.—Not later than 1 

8 year after the date of enactment of the Fix Gun 

9 Checks Act of 2013, the Attorney General shall, 

10 through regulation, establish the time period 

11 described in subparagraph (A).’’. 

12 (b) IMPLEMENTATION ASSISTANCE TO STATES.— 

13 Section 103 of the NICS Improvement Amendments Act 

14 of 2007 (18 U.S.C. 922 note) is amended— 

15 (1) by striking subsection (a)(1) and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—From amounts made avail18 able to carry out this section and subject to section 

19 102(b)(1)(B), the Attorney General shall make 

20 grants to States and Indian tribal governments, in 

21 a manner consistent with the National Criminal His22 tory Improvement Program, which shall be used by 

23 the States and Indian tribal governments, in con24 junction with units of local government and State 

25 and local courts to— 

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1 ‘‘(A) establish and plan information and 

2 identification technologies for firearms eligi3 bility determinations; and 

4 ‘‘(B) make improvements or upgrade infor5 mation and identification technologies for fire6 arms eligibility determinations.’’; 

7 (2) by striking subsections (b) and (c) and in8 serting the following: 

9 ‘‘(b) USE OF GRANT AMOUNTS.— 

10 ‘‘(1) IN GENERAL.—Grants awarded to States 

11 or Indian tribes under subsection (a)(1) may only be 

12 used to— 

13 ‘‘(A) create electronic systems, which pro14 vide accurate and up-to-date information that is 

15 directly related to checks under the National 

16 Instant Criminal Background Check System 

17 (referred to in this section as ‘NICS’), including 

18 court disposition and corrections records; 

19 ‘‘(B) assist States in establishing or en20 hancing their own capacities to perform NICS 

21 background checks; 

22 ‘‘(C) supply accurate and timely informa23 tion to the Attorney General concerning final 

24 dispositions of criminal records to databases 

25 accessed by NICS; 

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1 ‘‘(D) supply accurate and timely informa2 tion to the Attorney General concerning the 

3 identity of persons who are prohibited from ob4 taining a firearm under section 922(g)(4) of 

5 title 18, United States Code, to be used by the 

6 Federal Bureau of Investigation solely to con7 duct NICS background checks; 

8 ‘‘(E) supply accurate and timely court or9 ders and records of misdemeanor crimes of do10 mestic violence for inclusion in Federal and 

11 State law enforcement databases used to con12 duct NICS background checks; and 

13 ‘‘(F) collect and analyze data needed to 

14 demonstrate levels of State compliance with this 

15 Act. 

16 ‘‘(2) ADDITIONAL USES.— 

17 ‘‘(A) IN GENERAL.—In addition to the 

18 uses described in paragraph (1)— 

19 ‘‘(i) a grant awarded under subsection 

20 (a)(1)(A) may be used to assist States in 

21 establishing or enhancing a relief from dis22 abilities program in accordance with sec23 tion 105; and 

24 ‘‘(ii) a grant awarded under sub25 section (a)(1)(B) may be used to maintain 

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1 the relief from disabilities program in ac2 cordance with section 105. 

3 ‘‘(B) LIMITATION.—Not less than 3 per4 cent and not more than 10 percent of each 

5 grant awarded under subsection (a)(1)(B) shall 

6 be used for the purpose described in subpara7 graph (A)(i) of this paragraph. 

8 ‘‘(c) ELIGIBILITY.—To be eligible for a grant under 

9 section 103(a)(1)(B), a State shall certify, to the satisfac10 tion of the Attorney General, that the State has imple11 mented a relief from disabilities program in accordance 

12 with section 105.’’; and 

13 (3) by striking subsection (e) and inserting the 

14 following: 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 to be appropriated to carry out this section 

18 $100,000,000 for each of fiscal years 2014 through 

19 2018. 

20 ‘‘(2) LIMITATIONS.— 

21 ‘‘(A) USE OF AMOUNTS AUTHORIZED.—Of 

22 the amounts authorized to be appropriated for 

23 each fiscal year under paragraph (1), not more 

24 than 30 percent may be used to carry out sub25 section (a)(1)(B). 

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1 ‘‘(B) ALLOCATIONS.—A State may not be 

2 awarded more than 2 grants under subsection 

3 (a)(1)(B).’’. 

4 SEC. 112. PENALTIES FOR STATES THAT DO NOT MAKE 

5 DATA ELECTRONICALLY AVAILABLE TO THE 

6 NATIONAL INSTANT CRIMINAL BACKGROUND 

7 CHECK SYSTEM. 

8 (a) IN GENERAL.—Section 104(b) of the NICS Im9 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

10 is amended by striking paragraphs (1) and (2) and insert11 ing the following: 

12 ‘‘(1) DISCRETIONARY REDUCTION.— 

13 ‘‘(A) During the 2-year period beginning 

14 on the date on which the Attorney General pub15 lishes final rules required under section 

16 102(b)(2)(B), the Attorney General may with17 hold not more than 3 percent of the amount 

18 that would otherwise be allocated to a State 

19 under section 505 of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42 U.S.C. 

21 3755) if the State provides less than 50 percent 

22 of the records required to be provided under 

23 sections 102 and 103. 

24 ‘‘(B) During the 3-year period after the 

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1 graph (A), the Attorney General may withhold 

2 4 percent of the amount that would otherwise 

3 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 provides 

6 less than 70 percent of the records required to 

7 be provided under sections 102 and 103. 

8 ‘‘(2) MANDATORY REDUCTION.—After the expi9 ration of the period referred to in paragraph (1)(B), 

10 the Attorney General shall withhold 5 percent of the 

11 amount that would otherwise be allocated to a State 

12 under section 505 of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 3755), if 

14 the State provides less than 90 percent of the 

15 records required to be provided under sections 102 

16 and 103.’’. 

17 (b) REPORTING OF STATE COMPLIANCE.—Not later 

18 than 1 year after the date of enactment of this Act, and 

19 every year thereafter, the Attorney General shall publish, 

20 and make available on a publicly accessible website, a re21 port that ranks the States by the ratio of number of 

22 records submitted by each State under sections 102 and 

23 103 of the NICS Improvement Amendments Act of 2007 

24 (18 U.S.C. 922 note) to the estimated total number of 

25 available records of the State. 

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1 SEC. 113. 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 the Brady Handgun Violence 

6 Prevention Act (18 U.S.C. 922 note), is amended by add7 ing at the end the following: 

8 ‘‘(F) APPLICATION TO FEDERAL

9 COURTS.—In this paragraph— 

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

11 of the United States’ and ‘Federal depart12 ment or agency’ include a Federal court; 

13 and 

14 ‘‘(ii) for purposes of any request, sub15 mission, or notification, the Director of the 

16 Administrative Office of the United States 

17 Courts shall perform the functions of the 

18 head of the department or agency.’’. 

19 Subtitle B—Requiring a Back20 ground Check for Every Fire21 arm Sale 

22 SEC. 121. PURPOSE. 

23 The purpose of this subtitle is to extend the Brady 

24 Law background check procedures to all sales and trans25 fers of firearms. 

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1 SEC. 122. FIREARMS TRANSFERS. 

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

3 States Code, is amended— 

4 (1) by repealing subsection (s); 

5 (2) by redesignating subsection (t) as sub6 section (s); 

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

8 (A) in paragraph (3)(C)(ii), by striking 

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

10 (B) by adding at the end the following: 

11 ‘‘(7) In this subsection, the term ‘chief law en12 forcement officer’ means the chief of police, the 

13 sheriff, or an equivalent officer or the designee of 

14 any such individual.’’; and 

15 (4) by inserting after subsection (s), as redesig16 nated, the following: 

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

18 the date of enactment of the Fix Gun Checks Act of 2013, 

19 it shall be unlawful for any person who is not licensed 

20 under this chapter to transfer a firearm to any other per21 son who is not licensed under this chapter, unless a li22 censed importer, licensed manufacturer, or licensed dealer 

23 has first taken possession of the firearm for the purpose 

24 of complying with subsection (s). Upon taking possession 

25 of the firearm, the licensee shall comply with all require26 ments of this chapter as if the licensee were transferring 

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1 the firearm from the licensee’s inventory to the unlicensed 

2 transferee. 

3 ‘‘(2) Paragraph (1) shall not apply to— 

4 ‘‘(A) bona fide gifts between spouses, between 

5 parents and their children, between siblings, or be6 tween grandparents and their grandchildren; 

7 ‘‘(B) a transfer made from a decedent’s estate, 

8 pursuant to a legal will or the operation of law; 

9 ‘‘(C) a temporary transfer of possession that 

10 occurs between an unlicensed transferor and an unli11 censed transferee, if— 

12 ‘‘(i) the temporary transfer of possession 

13 occurs in the home or curtilage of the unli14 censed transferor; 

15 ‘‘(ii) the firearm is not removed from that 

16 home or curtilage during the temporary trans17 fer; and 

18 ‘‘(iii) the transfer has a duration of less 

19 than 7 days; and 

20 ‘‘(D) a temporary transfer of possession with21 out transfer of title made in connection with lawful 

22 hunting or sporting purposes if the transfer oc23 curs— 

24 ‘‘(i) at a shooting range located in or on 

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1 porated organization organized for conservation 

2 purposes or to foster proficiency in firearms 

3 and the firearm is, at all times, kept within the 

4 premises of the shooting range; 

5 ‘‘(ii) at a target firearm shooting competi6 tion under the auspices of or approved by a 

7 State agency or nonprofit organization and the 

8 firearm is, at all times, kept within the prem9 ises of the shooting competition; or 

10 ‘‘(iii) while hunting or trapping, if— 

11 ‘‘(I) the activity is legal in all places 

12 where the unlicensed transferee possesses 

13 the firearm; 

14 ‘‘(II) the temporary transfer of pos15 session occurs during the designated hunt16 ing season; and 

17 ‘‘(III) the unlicensed transferee holds 

18 any required license or permit. 

19 ‘‘(3) For purposes of this subsection, the term ‘trans20 fer’— 

21 ‘‘(A) shall include a sale, gift, loan, return from 

22 pawn or consignment, or other disposition; and 

23 ‘‘(B) shall not include temporary possession of 

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1 tion by a prospective transferee while in the presence 

2 of the prospective transferee. 

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

4 chapter, the Attorney General may implement this sub5 section with regulations. 

6 ‘‘(B) Regulations promulgated under this para7 graph— 

8 ‘‘(i) shall include a provision setting a max9 imum fee that may be charged by licensees for serv10 ices provided in accordance with paragraph (1); and 

11 ‘‘(ii) shall include a provision requiring a record 

12 of transaction of any transfer that occurred between 

13 an unlicensed transferor and unlicensed transferee 

14 accordance with paragraph (1).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

17 18, United States Code, is amended, in the matter 

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

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

20 (g)(5)(B)’’. 

21 (2) SECTION 925A.—Section 925A of title 18, 

22 United States Code, is amended, in the matter pre23 ceding paragraph (1), by striking ‘‘subsection (s) or 

24 (t) of section 922’’ and inserting ‘‘section 922(s)’’. 

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1 (3) NICS IMPROVEMENT AMENDMENTS ACT.— 

2 Section 103(f) of the NICS Improvement Amend3 ments Act of 2007 is amended by striking ‘‘section 

4 922(t)’’ and inserting ‘‘section 922(s)’’. 

5 (4) CONSOLIDATED AND FURTHER CONTINUING

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

7 of division B of the Consolidated and Further Con8 tinuing Appropriations Act, 2012 (18 U.S.C. 922 

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

10 and inserting ‘‘section 922(s)’’ each place it appears. 

11 SEC. 123. LOST AND STOLEN REPORTING. 

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

13 States Code, is amended by adding at the end— 

14 ‘‘(aa) It shall be unlawful for any person who lawfully 

15 possesses or owns a firearm that has been shipped or 

16 transported in, or has been possessed in or affecting, inter17 state or foreign commerce, to fail to report the theft or 

18 loss of the firearm, within 24 hours after the person dis19 covers the theft or loss, to the Attorney General and to 

20 the appropriate local authorities.’’. 

21 (b) PENALTY.—Section 924(a)(1) of title 18, United 

22 States Code, is amended by striking subparagraph (B) 

23 and inserting the following: 

24 ‘‘(B) knowingly violates subsection (a)(4), (f), 

25 (k), (q), or (aa) of section 922;’’. 

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1 SEC. 124. EFFECTIVE DATE. 

2 The amendments made by this title shall take effect 

3 180 days after the date of enactment of this Act. 

4 TITLE II—STOP ILLEGAL 

5 TRAFFICKING IN FIREARMS ACT 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘Stop Illegal Traf8 ficking in Firearms Act of 2013’’. 

9 SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD 

10 ANTI-STRAW PURCHASING AND FIREARMS 

11 TRAFFICKING AMENDMENTS. 

12 (a) IN GENERAL.—Chapter 44 of title 18, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 932. Straw purchasing of firearms 

16 ‘‘(a) For purposes of this section— 

17 ‘‘(1) the term ‘crime of violence’ has the mean18 ing given that term in section 924(c)(3); 

19 ‘‘(2) the term ‘drug trafficking crime’ has the 

20 meaning given that term in section 924(c)(2); and 

21 ‘‘(3) the term ‘purchase’ includes the receipt of 

22 any firearm by a person who does not own the fire23 arm— 

24 ‘‘(A) by way of pledge or pawn as security 

25 for the payment or repayment of money; or 

26 ‘‘(B) on consignment. 

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1 ‘‘(b) It shall be unlawful for any person (other than 

2 a licensed importer, licensed manufacturer, licensed col3 lector, or licensed dealer) to knowingly purchase, or at4 tempt or conspire to purchase, any firearm in or otherwise 

5 affecting interstate or foreign commerce— 

6 ‘‘(1) from a licensed importer, licensed manu7 facturer, licensed collector, or licensed dealer for, on 

8 behalf of, or at the request or demand of any other 

9 person, known or unknown; or 

10 ‘‘(2) from any person who is not a licensed im11 porter, licensed manufacturer, licensed collector, or 

12 licensed dealer for, on behalf of, or at the request or 

13 demand of any other person, known or unknown, 

14 knowing or having reasonable cause to believe that 

15 such other person— 

16 ‘‘(A) is under indictment for, or has been 

17 convicted in any court of, a crime punishable by 

18 imprisonment for a term exceeding 1 year; 

19 ‘‘(B) is a fugitive from justice; 

20 ‘‘(C) is an unlawful user of or addicted to 

21 any controlled substance (as defined in section 

22 102 of the Controlled Substances Act (21 

23 U.S.C. 802)); 

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1 ‘‘(D) has been adjudicated as a mental de2 fective or has been committed to any mental in3 stitution; 

4 ‘‘(E) is an alien who— 

5 ‘‘(i) is illegally or unlawfully in the 

6 United States; or 

7 ‘‘(ii) except as provided in section 

8 922(y)(2), has been admitted to the United 

9 States under a nonimmigrant visa (as that 

10 term is defined in section 101(a)(26) of 

11 the Immigration and Nationality Act (8 

12 U.S.C. 1101(a)(26)); 

13 ‘‘(F) has been discharged from the Armed 

14 Forces under dishonorable conditions; 

15 ‘‘(G) having been a citizen of the United 

16 States, has renounced his or her citizenship; 

17 ‘‘(H) is subject to a court order that re18 strains such person from harassing, stalking, or 

19 threatening an intimate partner of such person 

20 or child of such intimate partner or person, or 

21 engaging in other conduct that would place an 

22 intimate partner in reasonable fear of bodily in23 jury to the partner or child, except that this 

24 subparagraph shall only apply to a court order 

25 that— 

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1 ‘‘(i) was issued after a hearing of 

2 which such person received actual notice, 

3 and at which such person had the oppor4 tunity to participate; and 

5 ‘‘(ii)(I) includes a finding that such 

6 person represents a credible threat to the 

7 physical safety of such intimate partner or 

8 child; or 

9 ‘‘(II) by its terms explicitly prohibits 

10 the use, attempted use, or threatened use 

11 of physical force against such intimate 

12 partner or child that would reasonably be 

13 expected to cause bodily injury; 

14 ‘‘(I) has been convicted in any court of a 

15 misdemeanor crime of domestic violence; 

16 ‘‘(J) intends to— 

17 ‘‘(i) use, carry, possess, or sell or oth18 erwise dispose of the firearm or ammuni19 tion in furtherance of a crime of violence 

20 or drug trafficking crime; or 

21 ‘‘(ii) export the firearm or ammuni22 tion in violation of law; 

23 ‘‘(K)(i) does not reside in any State; and 

24 ‘‘(ii) is not a citizen of the United States; 

25 or 

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1 ‘‘(L) intends to sell or otherwise dispose of 

2 the firearm or ammunition to a person de3 scribed in any of subparagraphs (A) through 

4 (K). 

5 ‘‘(c)(1) Except as provided in paragraph (2), any per6 son who violates subsection (b) shall be fined under this 

7 title, imprisoned for not more than 15 years, or both. 

8 ‘‘(2) If a violation of subsection (b) is committed 

9 knowing or with reasonable cause to believe that any fire10 arm involved will be used to commit a crime of violence, 

11 the person shall be sentenced to a term of imprisonment 

12 of not more than 25 years. 

13 ‘‘(d) Subsection (b)(1) shall not apply to any firearm 

14 that is lawfully purchased by a person— 

15 ‘‘(1) to be given as a bona fide gift to a recipi16 ent who provided no service or tangible thing of 

17 value to acquire the firearm, unless the person 

18 knows or has reasonable cause to believe such recipi19 ent is prohibited by Federal law from possessing, re20 ceiving, selling, shipping, transporting, transferring, 

21 or otherwise disposing of the firearm; or 

22 ‘‘(2) to be given to a bona fide winner of an or23 ganized raffle, contest, or auction conducted in ac24 cordance with law and sponsored by a national, 

25 State, or local organization or association, unless the 

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1 person knows or has reasonable cause to believe such 

2 recipient is prohibited by Federal law from pos3 sessing, purchasing, receiving, selling, shipping, 

4 transporting, transferring, or otherwise disposing of 

5 the firearm. 

6 ‘‘§ 933. Trafficking in firearms 

7 ‘‘(a) It shall be unlawful for any person to— 

8 ‘‘(1) ship, transport, transfer, cause to be 

9 transported, or otherwise dispose of 2 or more fire10 arms to another person in or otherwise affecting 

11 interstate or foreign commerce, if the transferor 

12 knows or has reasonable cause to believe that the 

13 use, carrying, or possession of a firearm by the 

14 transferee would be in violation of, or would result 

15 in a violation of, any Federal law punishable by a 

16 term of imprisonment exceeding 1 year; 

17 ‘‘(2) receive from another person 2 or more 

18 firearms in or otherwise affecting interstate or for19 eign commerce, if the recipient knows or has reason20 able cause to believe that such receipt would be in 

21 violation of, or would result in a violation of, any 

22 Federal law punishable by a term of imprisonment 

23 exceeding 1 year; or 

24 ‘‘(3) attempt or conspire to commit the conduct 

25 described in paragraph (1) or (2). 

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1 ‘‘(b)(1) Except as provided in paragraph (2), any per2 son who violates subsection (a) shall be fined under this 

3 title, imprisoned for not more than 15 years, or both. 

4 ‘‘(2) If a violation of subsection (a) is committed by 

5 a person in concert with 5 or more other persons with 

6 respect to whom such person occupies a position of orga7 nizer, leader, supervisor, or manager, the person shall be 

8 sentenced to a term of imprisonment of not more than 

9 25 years. 

10 ‘‘§ 934. Forfeiture and fines 

11 ‘‘(a)(1) Any person convicted of a violation of section 

12 932 or 933 shall forfeit to the United States, irrespective 

13 of any provision of State law— 

14 ‘‘(A) any property constituting, or derived from, 

15 any proceeds the person obtained, directly or indi16 rectly, as the result of such violation; and 

17 ‘‘(B) any of the person’s property used, or in18 tended to be used, in any manner or part, to com19 mit, or to facilitate the commission of, such viola20 tion. 

21 ‘‘(2) The court, in imposing sentence on a person con22 victed of a violation of section 932 or 933, shall order, 

23 in addition to any other sentence imposed pursuant to sec24 tion 932 or 933, that the person forfeit to the United 

25 States all property described in paragraph (1). 

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1 ‘‘(b) A defendant who derives profits or other pro2 ceeds from an offense under section 932 or 933 may be 

3 fined not more than the greater of— 

4 ‘‘(1) the fine otherwise authorized by this part; 

5 and 

6 ‘‘(2) the amount equal to twice the gross profits 

7 or other proceeds of the offense under section 932 

8 or 933.’’. 

9 (b) TITLE III AUTHORIZATION.—Section 2516(1)(n) 

10 of title 18, United States Code, is amended by striking 

11 ‘‘and 924’’ and inserting ‘‘, 924, 932, or 933’’. 

12 (c) RACKETEERING AMENDMENT.—Section 

13 1961(1)(B) of title 18, United States Code, is amended 

14 by inserting ‘‘section 932 (relating to straw purchasing), 

15 section 933 (relating to trafficking in firearms),’’ before 

16 ‘‘section 1028’’. 

17 (d) MONEY LAUNDERING AMENDMENT.—Section 

18 1956(c)(7)(D) of title 18, United States Code, is amended 

19 by striking ‘‘section 924(n)’’ and inserting ‘‘section 

20 924(n), 932, or 933’’. 

21 (e) DIRECTIVE TO SENTENCING COMMISSION.—Pur22 suant to its authority under section 994 of title 28, United 

23 States Code, and in accordance with this section, the 

24 United States Sentencing Commission shall review and 

25 amend its guidelines and policy statements to ensure that 

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1 persons convicted of an offense under section 932 or 933 

2 of title 18, United States Code, and other offenses applica3 ble to the straw purchases and firearms trafficking of fire4 arms are subject to increased penalties in comparison to 

5 those currently provided by the guidelines and policy state6 ments for such straw purchasing and firearms trafficking 

7 offenses. The Commission shall also review and amend its 

8 guidelines and policy statements to reflect the intent of 

9 Congress that a person convicted of an offense under sec10 tion 932 or 933 of title 18, United States Code, who is 

11 affiliated with a gang, cartel, organized crime ring, or 

12 other such enterprise should be subject to higher penalties 

13 than an otherwise unaffiliated individual. 

14 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms. 

‘‘934. Forfeiture and fines.’’. 

18 SEC. 203. AMENDMENTS TO SECTION 922(d). 

19 Section 922(d) of title 18, United States Code, is 

20 amended— 

21 (1) in paragraph (8), by striking ‘‘or’’ at the 

22 end; 

23 (2) in paragraph (9), by striking the period at 

24 the end and inserting a semicolon; and 

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1 (3) by striking the matter following paragraph 

2 (9) and inserting the following: 

3 ‘‘(10) intends to sell or otherwise dispose of the 

4 firearm or ammunition to a person described in any 

5 of paragraphs (1) through (9); or 

6 ‘‘(11) intends to sell or otherwise dispose of the 

7 firearm or ammunition in furtherance of a crime of 

8 violence or drug trafficking offense or to export the 

9 firearm or ammunition in violation of law. 

10 This subsection shall not apply with respect to the sale 

11 or disposition of a firearm or ammunition to a licensed 

12 importer, licensed manufacturer, licensed dealer, or li13 censed collector who pursuant to subsection (b) of section 

14 925 is not precluded from dealing in firearms or ammuni15 tion, or to a person who has been granted relief from dis16 abilities pursuant to subsection (c) of section 925.’’. 

17 SEC. 204. AMENDMENTS TO SECTION 924(a). 

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

19 amended— 

20 (1) in paragraph (2), by striking ‘‘(d), (g),’’; 

21 and 

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

23 ‘‘(8) Whoever knowingly violates subsection (d) or (g) 

24 of section 922 shall be fined under this title, imprisoned 

25 not more than 15 years, or both.’’. 

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1 SEC. 205. AMENDMENTS TO SECTION 924(h). 

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

3 amended by striking subsection (h) and inserting the fol4 lowing: 

5 ‘‘(h)(1) Whoever knowingly receives or transfers a 

6 firearm or ammunition, or attempts or conspires to do so, 

7 knowing or having reasonable cause to believe that such 

8 firearm or ammunition will be used to commit a crime of 

9 violence (as defined in subsection (c)(3)), a drug traf10 ficking crime (as defined in subsection (c)(2)), or a crime 

11 under the Arms Export Control Act (22 U.S.C. 2751 et 

12 seq.), the International Emergency Economic Powers Act 

13 (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin 

14 Designation Act (21 U.S.C. 1901 et seq.), or section 

15 212(a)(2)(C) of the Immigration and Nationality Act (8 

16 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 

17 25 years, fined in accordance with this title, or both. 

18 ‘‘(2) No term of imprisonment imposed on a person 

19 under this subsection shall run concurrently with any term 

20 of imprisonment imposed on the person under section 

21 932.’’. 

22 SEC. 206. AMENDMENTS TO SECTION 924(k). 

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

24 amended by striking subsection (k) and inserting the fol25 lowing: 

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1 ‘‘(k)(1) A person who, with intent to engage in or 

2 to promote conduct that— 

3 ‘‘(A) is punishable under the Controlled Sub4 stances Act (21 U.S.C. 801 et seq.), the Controlled 

5 Substances Import and Export Act (21 U.S.C. 951 

6 et seq.), or chapter 705 of title 46; 

7 ‘‘(B) violates any law of a State relating to any 

8 controlled substance (as defined in section 102 of 

9 the Controlled Substances Act, 21 U.S.C. 802); or 

10 ‘‘(C) constitutes a crime of violence (as defined 

11 in subsection (c)(3)), 

12 smuggles or knowingly brings into the United States a 

13 firearm or ammunition, or attempts or conspires to do so, 

14 shall be imprisoned not more than 15 years, fined under 

15 this title, or both. 

16 ‘‘(2) A person who, with intent to engage in or to 

17 promote conduct that— 

18 ‘‘(A) would be punishable under the Controlled 

19 Substances Act (21 U.S.C. 801 et seq.), the Con20 trolled Substances Import and Export Act (21 

21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the 

22 conduct had occurred within the United States; or 

23 ‘‘(B) would constitute a crime of violence (as 

24 defined in subsection (c)(3)) for which the person 

25 may be prosecuted in a court of the United States, 

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1 if the conduct had occurred within the United 

2 States, 

3 smuggles or knowingly takes out of the United States a 

4 firearm or ammunition, or attempts or conspires to do so, 

5 shall be imprisoned not more than 15 years, fined under 

6 this title, or both.’’. 

7 SEC. 207. LIMITATION ON OPERATIONS BY THE DEPART8 MENT OF JUSTICE. 

9 The Department of Justice, and any of its law en10 forcement coordinate agencies, shall not conduct any oper11 ation where a Federal firearms licensee is directed, in12 structed, enticed, or otherwise encouraged by the Depart13 ment of Justice to sell a firearm to an individual if the 

14 Department of Justice, or a coordinate agency, knows or 

15 has reasonable cause to believe that such an individual is 

16 purchasing on behalf of another for an illegal purpose un17 less the Attorney General, the Deputy Attorney General, 

18 or the Assistant Attorney General for the Criminal Divi19 sion personally reviews and approves the operation, in 

20 writing, and determines that the agency has prepared an 

21 operational plan that includes sufficient safeguards to pre22 vent firearms from being transferred to third parties with23 out law enforcement taking reasonable steps to lawfully 

24 interdict those firearms. 

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1 TITLE III—SCHOOL AND CAMPUS 

2 SAFETY ENHANCEMENTS ACT 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘School and Campus 

5 Safety Enhancements Act of 2013’’. 

6 SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY. 

7 Section 2701 of title I of the Omnibus Crime Control 

8 and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amend9 ed— 

10 (1) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘Placement’’ and in13 serting ‘‘Installation’’; and 

14 (ii) by inserting ‘‘surveillance equip15 ment,’’ after ‘‘detectors,’’; 

16 (B) by redesignating paragraph (5) as 

17 paragraph (6); and 

18 (C) by inserting after paragraph (4) the 

19 following: 

20 ‘‘(5) Establishment of hotlines or tiplines for 

21 the reporting of potentially dangerous students and 

22 situations.’’; and 

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

24 ‘‘(g) INTERAGENCY TASK FORCE.— 

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1 ‘‘(1) ESTABLISHMENT.—Not later than 60 days 

2 after the date of enactment of the School and Cam3 pus Safety Enhancements Act of 2013, the Director 

4 and the Secretary of Education, or the designee of 

5 the Secretary, shall establish an interagency task 

6 force to develop and promulgate a set of advisory 

7 school safety guidelines. 

8 ‘‘(2) PUBLICATION OF GUIDELINES.—Not later 

9 than 1 year after the date of enactment of the 

10 School and Campus Safety Enhancements Act of 

11 2013, the advisory school safety guidelines promul12 gated by the interagency task force shall be pub13 lished in the Federal Register. 

14 ‘‘(3) REQUIRED CONSULTATION.—In developing 

15 the final advisory school safety guidelines under this 

16 subsection, the interagency task force shall consult 

17 with stakeholders and interested parties, including 

18 parents, teachers, and agencies.’’. 

19 SEC. 303. APPLICATIONS. 

20 Section 2702(a)(2) of title I of the Omnibus Crime 

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

22 3797b(a)(2)) is amended to read as follows: 

23 ‘‘(2) be accompanied by a report— 

24 ‘‘(A) signed by the heads of each law en25 forcement agency and school district with jurismstockstill on DSK4VPTVN1PROD with BILLS

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1 diction over the schools where the safety im2 provements will be implemented; and 

3 ‘‘(B) demonstrating that each proposed use 

4 of the grant funds will be— 

5 ‘‘(i) an effective means for improving 

6 the safety of 1 or more schools; 

7 ‘‘(ii) consistent with a comprehensive 

8 approach to preventing school violence; and 

9 ‘‘(iii) individualized to the needs of 

10 each school at which those improvements 

11 are to be made.’’. 

12 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 2705 of title I of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amend15 ed— 

16 (1) by striking ‘‘$30,000,000’’ and inserting 

17 ‘‘$40,000,000’’; and 

18 (2) by striking ‘‘2001 through 2009’’ and in19 serting ‘‘2014 through 2023’’. 

20 SEC. 305. ACCOUNTABILITY. 

21 Section 2701 of title I of the Omnibus Crime Control 

22 and Safe Streets Act of 1968 (42 U.S.C. 3797a), as 

23 amended by section 302, is amended by adding at the end 

24 the following: 

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1 ‘‘(h) ACCOUNTABILITY.—All grants awarded by the 

2 Attorney General under this part shall be subject to the 

3 following accountability provisions: 

4 ‘‘(1) AUDIT REQUIREMENT.— 

5 ‘‘(A) DEFINITION.—In this paragraph, the 

6 term ‘unresolved audit finding’ means a finding 

7 in the final audit report of the Inspector Gen8 eral of the Department of Justice that the au9 dited grantee has utilized grant funds for an 

10 unauthorized expenditure or otherwise unallow11 able cost that is not closed or resolved within 

12 12 months from the date when the final audit 

13 report is issued. 

14 ‘‘(B) AUDITS.—Beginning in the first fis15 cal year beginning after the date of enactment 

16 of this subsection, and in each fiscal year there17 after, the Inspector General of the Department 

18 of Justice shall conduct audits of recipients of 

19 grants under this part to prevent waste, fraud, 

20 and abuse of funds by grantees. The Inspector 

21 General shall determine the appropriate number 

22 of grantees to be audited each year. 

23 ‘‘(C) MANDATORY EXCLUSION.—A recipi24 ent of grant funds under this part that is found 

25 to have an unresolved audit finding shall not be 

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1 eligible to receive grant funds under this part 

2 during the first 2 fiscal years beginning after 

3 the end of the 12-month period described in 

4 subparagraph (A). 

5 ‘‘(D) PRIORITY.—In awarding grants 

6 under this part, the Attorney General shall give 

7 priority to eligible applicants that did not have 

8 an unresolved audit finding during the 3 fiscal 

9 years before submitting an application for a 

10 grant under this part. 

11 ‘‘(E) REIMBURSEMENT.—If an entity is 

12 awarded grant funds under this part during the 

13 2-fiscal-year period during which the entity is 

14 barred from receiving grants under subpara15 graph (C), the Attorney General shall— 

16 ‘‘(i) deposit an amount equal to the 

17 amount of the grant funds that were im18 properly awarded to the grantee into the 

19 General Fund of the Treasury; and 

20 ‘‘(ii) seek to recoup the costs of the 

21 repayment to the fund from the grant re22 cipient that was erroneously awarded grant 

23 funds. 

24 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE25 MENTS.— 

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1 ‘‘(A) DEFINITION.—For purposes of this 

2 paragraph and the grant programs under this 

3 part, the term ‘nonprofit organization’ means 

4 an organization that is described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 

6 and is exempt from taxation under section 

7 501(a) of such Code. 

8 ‘‘(B) PROHIBITION.—The Attorney Gen9 eral may not award a grant under this part to 

10 a nonprofit organization that holds money in 

11 offshore accounts for the purpose of avoiding 

12 paying the tax described in section 511(a) of 

13 the Internal Revenue Code of 1986. 

14 ‘‘(C) DISCLOSURE.—Each nonprofit orga15 nization that is awarded a grant under this part 

16 and uses the procedures prescribed in regula17 tions to create a rebuttable presumption of rea18 sonableness for the compensation of its officers, 

19 directors, trustees and key employees, shall dis20 close to the Attorney General, in the application 

21 for the grant, the process for determining such 

22 compensation, including the independent per23 sons involved in reviewing and approving such 

24 compensation, the comparability data used, and 

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1 tion and decision. Upon request, the Attorney 

2 General shall make the information disclosed 

3 under this subparagraph available for public in4 spection. 

5 ‘‘(3) CONFERENCE EXPENDITURES.— 

6 ‘‘(A) LIMITATION.—No amounts author7 ized to be appropriated to the Department of 

8 Justice under this part may be used by the At9 torney General, or by any individual or entity 

10 awarded discretionary funds through a coopera11 tive agreement under this part, to host or sup12 port any expenditure for conferences that uses 

13 more than $20,000 in funds made available by 

14 the Department of Justice, unless the Deputy 

15 Attorney General or such Assistant Attorney 

16 Generals, Directors, or principal deputies as the 

17 Deputy Attorney General may designate, pro18 vides prior written authorization that the funds 

19 may be expended to host the conference. 

20 ‘‘(B) WRITTEN APPROVAL.—Written ap21 proval under subparagraph (A) shall include a 

22 written estimate of all costs associated with the 

23 conference, including the cost of all food, bev24 erages, audio-visual equipment, honoraria for 

25 speakers, and entertainment. 

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1 ‘‘(C) REPORT.—The Deputy Attorney Gen2 eral shall submit an annual report to the Com3 mittee on the Judiciary of the Senate and the 

4 Committee on the Judiciary of the House of 

5 Representatives on all conference expenditures 

6 approved under this paragraph. 

7 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

8 the first fiscal year beginning after the date of en9 actment of this subsection, the Attorney General 

10 shall submit, to the Committee on the Judiciary and 

11 the Committee on Appropriations of the Senate and 

12 the Committee on the Judiciary and the Committee 

13 on Appropriations of the House of Representatives, 

14 an annual certification— 

15 ‘‘(A) indicating whether— 

16 ‘‘(i) all audits issued by the Office of 

17 the Inspector General under paragraph (1) 

18 have been completed and reviewed by the 

19 appropriate Assistant Attorney General or 

20 Director; 

21 ‘‘(ii) all mandatory exclusions required 

22 under paragraph (1)(C) have been issued; 

23 and 

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1 ‘‘(iii) all reimbursements required 

2 under paragraph (1)(E) have been made; 

3 and 

4 ‘‘(B) that includes a list of any grant re5 cipients excluded under paragraph (1) from the 

6 previous year.’’. 

7 SEC. 306. CAMPUS SAFETY ACT OF 2013. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Center to Advance, Monitor, and Preserve University Se10 curity Safety Act of 2013’’ or the ‘‘CAMPUS Safety Act 

11 of 2013’’. 

12 (b) NATIONAL CENTER FOR CAMPUS PUBLIC SAFE13 TY.—Subpart 1 of part E of title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 

15 et seq.) is amended— 

16 (1) in section 501 (42 U.S.C. 3751)— 

17 (A) in subsection (a)(1)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘or purposes’’ after 

20 ‘‘one or more of the following programs’’; 

21 and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(H) Making subawards to institutions of 

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1 tions to assist the National Center for Campus 

2 Public Safety in carrying out the functions of 

3 the Center required under section 509(c).’’; and 

4 (B) in subsection (b)— 

5 (i) in paragraph (1), by striking ‘‘or’’ 

6 at the end; 

7 (ii) in paragraph (2), by striking the 

8 period and inserting ‘‘; or’’; and 

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

11 ‘‘(3) institutions of higher education and other 

12 nonprofit organizations, for purposes of carrying out 

13 section 509.’’; and 

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

15 ‘‘SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFE16 TY. 

17 ‘‘(a) DEFINITION OF INSTITUTION OF HIGHER EDU18 CATION.—In this section, the term ‘institution of higher 

19 education’ has the meaning given the term in section 101 

20 of the Higher Education Act of 1965 (20 U.S.C. 1001). 

21 ‘‘(b) AUTHORITY TO ESTABLISH AND OPERATE CEN22 TER.—The Attorney General may establish and operate 

23 a National Center for Campus Public Safety (referred to 

24 in this section as the ‘Center’). 

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1 ‘‘(c) FUNCTIONS OF THE CENTER.—The Center 

2 shall— 

3 ‘‘(1) provide quality education and training for 

4 public safety personnel of institutions of higher edu5 cation and their collaborative partners, including 

6 campus mental health agencies; 

7 ‘‘(2) foster quality research to strengthen the 

8 safety and security of institutions of higher edu9 cation; 

10 ‘‘(3) serve as a clearinghouse for the identifica11 tion and dissemination of information, policies, pro12 tocols, procedures, and best practices relevant to 

13 campus public safety, including off-campus housing 

14 safety, the prevention of violence against persons 

15 and property, and emergency response and evacu16 ation procedures; 

17 ‘‘(4) coordinate with the Secretary of Homeland 

18 Security, the Secretary of Education, State, local 

19 and tribal governments and law enforcement agen20 cies, private and nonprofit organizations and asso21 ciations, and other stakeholders, to develop protocols 

22 and best practices to prevent, protect against and 

23 respond to dangerous and violent situations involv24 ing an immediate threat to the safety of the campus 

25 community; 

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1 ‘‘(5) promote the development and dissemina2 tion of effective behavioral threat assessment and 

3 management models to prevent campus violence; 

4 ‘‘(6) identify campus safety information (includ5 ing ways to increase off-campus housing safety) and 

6 identify resources available from the Department of 

7 Justice, the Department of Homeland Security, the 

8 Department of Education, State, local, and tribal 

9 governments and law enforcement agencies, and pri10 vate and nonprofit organizations and associations; 

11 ‘‘(7) promote cooperation, collaboration, and 

12 consistency in prevention, response, and problem13 solving methods among public safety and emergency 

14 management personnel of institutions of higher edu15 cation and their campus- and non-campus-based col16 laborative partners, including law enforcement, 

17 emergency management, mental health services, and 

18 other relevant agencies; 

19 ‘‘(8) disseminate standardized formats and 

20 models for mutual aid agreements and memoranda 

21 of understanding between campus security agencies 

22 and other public safety organizations and mental 

23 health agencies; and 

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1 ‘‘(9) report annually to Congress on activities 

2 performed by the Center during the previous 12 

3 months. 

4 ‘‘(d) COORDINATION WITH AVAILABLE RE5 SOURCES.—In establishing the Center, the Attorney Gen6 eral shall— 

7 ‘‘(1) coordinate with the Secretary of Homeland 

8 Security, the Secretary of Education, and appro9 priate State or territory officials; 

10 ‘‘(2) ensure coordination with campus public 

11 safety resources within the Department of Homeland 

12 Security, including within the Federal Emergency 

13 Management Agency, and the Department of Edu14 cation; and 

15 ‘‘(3) coordinate within the Department of Jus16 tice and existing grant programs to ensure against 

17 duplication with the program authorized by this sec18 tion. 

19 ‘‘(e) REPORTING AND ACCOUNTABILITY.—At the end 

20 of each fiscal year, the Attorney General shall— 

21 ‘‘(1) issue a report that assesses the impacts, 

22 outcomes and effectiveness of the grants distributed 

23 to carry out this section; 

24 ‘‘(2) in compiling such report, assess instances 

25 of duplicative activity, if any, performed through 

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1 grants distributed to carry out this section and other 

2 grant programs maintained by the Department of 

3 Justice, the Department of Education, and the De4 partment of Homeland Security; and 

5 ‘‘(3) make such report available on the Depart6 ment of Justice website and submit such report to 

7 the Senate and House Judiciary Committees and the 

8 Senate and House Appropriations Committees.’’. 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall preclude public elementary and secondary 

11 schools or their larger governing agencies from receiving 

12 the informational and training benefits of the National 

13 Center for Campus Public Safety authorized under section 

14 509 of the Omnibus Crime Control and Safe Streets Act 

15 of 1968, as added by this title. 

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Calendar No. 32 

113TH CONGRESS 

1ST SESSION S. 649 

A BILL 

To ensure that all individuals who should be profirearm sale, and for other purposes. tem and require a background check for every national instant criminal background check sys- hibited from buying a firearm are listed in the 

MARCH 22, 2013 

Read the second time and placed on the calendar 

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