II 

116TH CONGRESS 

1ST SESSION S. 1519 

To address gun violence, improve the availability of records to the National 

Instant Criminal Background Check System, address mental illness in 

the criminal justice system, and end straw purchases and trafficking 

of illegal firearms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Mr. GRASSLEY (for himself and Mr. CRUZ) 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 end straw purchases and trafficking of illegal 

firearms, 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 2019’’. 


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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. 

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. Straw purchasing of firearms. 

Sec. 12. Increased penalties for lying and buying. 

Sec. 13. Amendments to section 924(a). 

Sec. 14. Amendments to section 924(h). 

Sec. 15. Amendments to section 924(k). 

Sec. 16. Multiple sales reports for rifles and shotguns. 

Sec. 17. Study by the National Institutes of Justice and National Academy of 

Sciences on the causes of mass shootings. 

Sec. 18. Reports to Congress regarding ammunition purchases by Federal agencies. 

Sec. 19. Reduction of Byrne JAG funds for State failure to provide mental 

health records to NICS. 

Sec. 20. Firearm commerce modernization. 

Sec. 21. Firearm dealer access to law enforcement information. 

Sec. 22. Interstate transportation of firearms or ammunition. 

Sec. 23. Preventing duplicative grants. 

3 SEC. 2. DEFINITIONS. 

4 In this Act— 

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

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

7 Code; 

8 (2) the term ‘‘NICS’’ means the National In9 stant Criminal Background Check System; and 

10 (3) the term ‘‘relevant Federal records’’ means 

11 any record demonstrating that a person is prohibited 

12 from possessing or receiving a firearm under subVerDate Sep 11 2014 00:04 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1519.IS S1519

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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 2020 through 2024.’’; 

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.—Beginning in the first fiscal 

4 year beginning after the date of enactment of this 

5 subsection, and in each fiscal year thereafter, the In6 spector General of the Department of Justice shall 

7 conduct audits of recipients of grants under this sec8 tion to prevent waste, fraud, and abuse of funds by 

9 grantees. The Inspector General shall determine the 

10 appropriate number of grantees to be audited each 

11 year. 

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

13 section, the Attorney General shall give priority to 

14 eligible applicants that did not have an unresolved 

15 audit finding during the 3 fiscal years before sub16 mitting an application for a grant under this sec17 tion.’’. 

18 (b) MODIFICATION OF ELIGIBILITY REQUIRE19 MENTS.—The NICS Improvement Amendments Act of 

20 2007 (34 U.S.C. 40902 et seq.) is amended— 

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

22 40912(b)(1))— 

23 (A) in subparagraph (A), by striking ‘‘sub24 paragraph (C)’’ and inserting ‘‘subparagraph 

25 (B)’’; 


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

2 (C) by redesignating subparagraph (C) as 

3 subparagraph (B); 

4 (2) in section 103(a)(1) (34 U.S.C. 

5 40913(a)(1)), by striking ‘‘and subject to section 

6 102(b)(1)(B)’’; and 

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

8 striking ‘‘section 102(b)(1)(C)’’ and inserting ‘‘sec9 tion 102(b)(1)(B)’’. 

10 SEC. 4. AVAILABILITY OF RECORDS TO NICS. 

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

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

13 issue guidance regarding— 

14 (1) the identification and sharing of relevant 

15 Federal records; and 

16 (2) submission of the relevant Federal records 

17 to NICS. 

18 (b) PRIORITIZATION OF RECORDS.—Each agency 

19 that possesses relevant Federal records shall prioritize 

20 providing the relevant information contained in the rel21 evant Federal records to NICS on a regular and ongoing 

22 basis in accordance with the guidance issued by the Attor23 ney General under subsection (a). 

24 (c) REPORTS.—Not later than 60 days after the At25 torney General issues guidance under subsection (a), the 


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

2 General that— 

3 (1) advises whether the agency possesses rel4 evant Federal records; and 

5 (2) describes the implementation plan of the 

6 agency for making the relevant information con7 tained in relevant Federal records available to NICS 

8 in a manner consistent with applicable law. 

9 (d) DETERMINATION OF RELEVANCE.—The Attorney 

10 General shall resolve any dispute regarding whether— 

11 (1) agency records are relevant Federal records; 

12 and 

13 (2) the relevant Federal records of an agency 

14 should be made available to NICS. 

15 SEC. 5. DEFINITIONS RELATING TO MENTAL HEALTH. 

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

17 United States Code, is amended— 

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

19 following: 

20 ‘‘(36)(A) Subject to subparagraph (B), the term ‘has 

21 been adjudicated mentally incompetent or has been com22 mitted to a psychiatric hospital’, with respect to a per23 son— 


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

2 or finding by a judicial officer, court, board, commis3 sion, or other adjudicative body— 

4 ‘‘(I) that was issued after— 

5 ‘‘(aa) a hearing— 

6 ‘‘(AA) of which the person re7 ceived actual notice; and 

8 ‘‘(BB) at which the person had 

9 an opportunity to participate with 

10 counsel; or 

11 ‘‘(bb) the person knowingly and intel12 ligently waived the opportunity for a hear13 ing— 

14 ‘‘(AA) of which the person re15 ceived actual notice; and 

16 ‘‘(BB) at which the person would 

17 have had an opportunity to participate 

18 with counsel; and 

19 ‘‘(II) that found that the person, as a re20 sult of marked subnormal intelligence, mental 

21 impairment, or mental illness— 

22 ‘‘(aa) was a danger to himself or to 

23 others; 

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

25 criminal case; 


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

2 by reason of insanity or mental disease or 

3 defect; 

4 ‘‘(dd) was incompetent to stand trial 

5 in a criminal case; 

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

7 lack of mental responsibility under section 

8 850a of title 10 (article 50a of the Uni9 form Code of Military Justice); 

10 ‘‘(ff) required involuntary inpatient 

11 treatment by a psychiatric hospital; 

12 ‘‘(gg) required involuntary outpatient 

13 treatment by a psychiatric hospital based 

14 on a finding that the person is a danger to 

15 himself or to others; or 

16 ‘‘(hh) required involuntary commit17 ment to a psychiatric hospital for any rea18 son, including drug use; and 

19 ‘‘(ii) does not include— 

20 ‘‘(I) a person who is in a psychiatric hos21 pital for observation; or 

22 ‘‘(II) a voluntary admission to a psy23 chiatric hospital. 

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

25 does not include— 


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

2 been set aside or expunged; 

3 ‘‘(ii) an order or finding that is no longer appli4 cable because a judicial officer, court, board, com5 mission, or other adjudicative body has found that 

6 the person who is the subject of the order or find7 ing— 

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

9 or to others; 

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

11 of mental disease or defect; 

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

13 ‘‘(IV) no longer requires involuntary inpa14 tient or outpatient treatment by, or involuntary 

15 commitment to, a psychiatric hospital; or 

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

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

18 been granted relief from disabilities under section 

19 925(c) or under a program described in section 

20 101(c)(2)(A) or 105 of the NICS Improvement 

21 Amendments Act of 2007 (34 U.S.C. 40911, 

22 40915). 

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1 noses by licensed professionals of mental retardation or 

2 mental illness, including a psychiatric ward in a general 

3 hospital.’’; and 

4 (2) in section 922— 

5 (A) in subsection (d)(4)— 

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

7 and inserting ‘‘mentally incompetent’’; and 

8 (ii) by striking ‘‘any mental institu9 tion’’ and inserting ‘‘a psychiatric hos10 pital’’; and 

11 (B) in subsection (g)(4)— 

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

13 or who has’’ and inserting ‘‘mentally in14 competent or has’’; and 

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

16 and inserting ‘‘psychiatric hospital’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The NICS Improvement Amendments Act of 2007 (34 

19 U.S.C. 40902 et seq.) is amended— 

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

21 place that term appears and inserting ‘‘mentally in22 competent’’; 

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

24 that term appears and inserting ‘‘psychiatric hos25 pital’’; and 


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

2 40912(c)(3))— 

3 (A) in the paragraph heading, by striking 

4 ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO

5 A MENTAL INSTITUTION’’ and inserting ‘‘MEN6 TALLY INCOMPETENT OR COMMITTED TO A PSY7 CHIATRIC HOSPITAL’’; and 

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

9 inserting ‘‘psychiatric hospitals’’. 

10 SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PER11 SONS AS ADJUDICATED MENTALLY INCOM12 PETENT FOR CERTAIN PURPOSES. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 5511. Conditions for treatment of certain persons 

17 as adjudicated mentally incompetent for 

18 certain purposes 

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

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

21 who is mentally incapacitated, deemed mentally incom22 petent, or experiencing an extended loss of consciousness 

23 shall not be considered adjudicated as a mental defective 

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

25 18 without the order or finding of a judge, magistrate, 


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1 or other judicial authority of competent jurisdiction that 

2 such person is a danger to himself or herself or others.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

6 end the following: 

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

7 SEC. 7. REPORTS AND CERTIFICATIONS TO CONGRESS. 

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

9 2019, and every year thereafter, the head of each agency 

10 that possesses relevant Federal records shall submit a re11 port to Congress that includes— 

12 (1) a description of the relevant Federal records 

13 possessed by the agency that can be shared with 

14 NICS in a manner consistent with applicable law; 

15 (2) the number of relevant Federal records the 

16 agency submitted to NICS during the reporting pe17 riod; 

18 (3) efforts made to increase the percentage of 

19 relevant Federal records possessed by the agency 

20 that are submitted to NICS; 

21 (4) any obstacles to increasing the percentage 

22 of relevant Federal records possessed by the agency 

23 that are submitted to NICS; 


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

2 programs for relief from disabilities as required 

3 under the NICS Improvement Amendments Act of 

4 2007 (34 U.S.C. 40902 et seq.) if the agency makes 

5 qualifying adjudications relating to the mental 

6 health of an individual; 

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

8 remove records available to NICS when the basis on 

9 which the records were made available no longer ap10 plies; and 

11 (7) additional steps that will be taken during 

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

13 to improve the processes by which relevant Federal 

14 records are— 

15 (A) identified; 

16 (B) made available to NICS; and 

17 (C) corrected, modified, or removed from 

18 NICS. 

19 (b) CERTIFICATIONS.— 

20 (1) IN GENERAL.—The annual report require21 ment in subsection (a) shall not apply to an agency 

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

23 under subsection (a), provides certification that the 

24 agency has— 


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1 (A) made available to NICS relevant Fed2 eral records that can be shared in a manner 

3 consistent with applicable law; 

4 (B) a plan to make any relevant Federal 

5 records available to NICS and a description of 

6 that plan; and 

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

8 records electronically from NICS not less than 

9 quarterly as required by the NICS Improve10 ment Amendments Act of 2007 (34 U.S.C. 

11 40902 et seq.) and a description of that plan. 

12 (2) FREQUENCY.—Each agency that is not re13 quired to submit annual reports under paragraph 

14 (1) shall submit an annual certification to Congress 

15 attesting that the agency continues to submit rel16 evant Federal records to NICS and has corrected, 

17 modified, or removed records available to NICS 

18 when the basis on which the records were made 

19 available no longer applies. 

20 (c) REPORTS TO CONGRESS ON FIREARMS PROSECU21 TIONS.— 

22 (1) REPORT TO CONGRESS.—Beginning Feb23 ruary 1, 2020, and on February 1 of each year 

24 thereafter through 2029, the Attorney General shall 

25 submit to the Committees on the Judiciary and the 


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1 Committees on Appropriations of the Senate and the 

2 House of Representatives a report of information 

3 gathered under this subsection during the fiscal year 

4 that ended on September 30 of the preceding year. 

5 (2) SUBJECT OF ANNUAL REPORT.—Not later 

6 than 90 days after the date of enactment of this 

7 Act, the Attorney General shall require each compo8 nent of the Department of Justice, including each 

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

10 purposes of the report described in paragraph (1), 

11 information relating to any case presented to the 

12 Department of Justice for review or prosecution, in 

13 which the objective facts of the case provide probable 

14 cause to believe that there has been a violation of 

15 sections 922 and 924, United States Code, and sec16 tion 5861 of the Internal Revenue Code of 1986. 

17 (3) ELEMENTS OF ANNUAL REPORT.—With re18 spect to each case described in paragraph (2), the 

19 report submitted under paragraph (1) shall include 

20 information indicating— 

21 (A) whether in any such case, a decision 

22 has been made not to charge an individual with 

23 a violation of sections 922 and 924, United 

24 States Code, and section 5861 of the Internal 


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1 Revenue Code of 1986, or any other violation of 

2 Federal criminal law; 

3 (B) in any case described in subparagraph 

4 (A), a description of why no charge was filed 

5 under sections 922 and 924, United States 

6 Code, and section 5861 of the Internal Revenue 

7 Code of 1986; 

8 (C) whether in any case described in para9 graph (2), an indictment, information, or other 

10 charge has been brought against any person, or 

11 the matter is pending; 

12 (D) whether, in the case of an indictment, 

13 information, or other charge described in sub14 paragraph (C), the charging document contains 

15 a count or counts alleging a violation of sections 

16 922 and 924, United States Code, and section 

17 5861 of the Internal Revenue Code of 1986; 

18 (E) in any case described in subparagraph 

19 (D) in which the charging document contains a 

20 count or counts alleging a violation of sections 

21 922 and 924, United States Code, and section 

22 5861 of the Internal Revenue Code of 1986, 

23 whether a plea agreement of any kind has been 

24 entered into with such charged individual; 


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1 (F) whether any plea agreement described 

2 in subparagraph (E) required that the indi3 vidual plead guilty, to enter a plea of nolo 

4 contendere, or otherwise caused a court to enter 

5 a conviction against that individual for a viola6 tion of sections 922 and 924, United States 

7 Code, and section 5861 of the Internal Revenue 

8 Code of 1986; 

9 (G) in any case described in subparagraph 

10 (F) in which the plea agreement did not require 

11 that the individual plead guilty, enter a plea of 

12 nolo contendere, or otherwise cause a court to 

13 enter a conviction against that individual for a 

14 violation of sections 922 and 924, United 

15 States Code, and section 5861 of the Internal 

16 Revenue Code of 1986, identification of the 

17 charges to which that individual did plead 

18 guilty; 

19 (H) in the case of an indictment, informa20 tion, or other charge described in subparagraph 

21 (C), in which the charging document contains a 

22 count or counts alleging a violation of sections 

23 922 and 924, United States Code, and section 

24 5861 of the Internal Revenue Code of 1986, the 


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1 result of any trial of such charges (guilty, not 

2 guilty, mistrial); 

3 (I) in the case of an indictment, informa4 tion, or other charge described in subparagraph 

5 (C), in which the charging document did not 

6 contain a count or counts alleging a violation of 

7 sections 922 and 924, United States Code, and 

8 section 5861 of the Internal Revenue Code of 

9 1986, the nature of the other charges brought 

10 and the result of any trial of such other charges 

11 as have been brought (guilty, not guilty, mis12 trial); 

13 (J) the number of persons who attempted 

14 to purchase a firearm but were denied because 

15 of a background check conducted in accordance 

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

17 Code; and 

18 (K) the number of prosecutions conducted 

19 in relation to persons described in subpara20 graph (J). 

21 SEC. 8. INCREASING FEDERAL PROSECUTION OF GUN VIO22 LENCE. 

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

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

25 establish in jurisdictions specified in subsection (c) a proVerDate Sep 11 2014 00:04 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1519.IS S1519

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1 gram that meets the requirements of subsection (b), to 

2 be known as the ‘‘Nationwide Project Exile Expansion’’. 

3 (b) PROGRAM ELEMENTS.—Each program estab4 lished under subsection (a) shall, for the jurisdiction con5 cerned— 

6 (1) provide for coordination with State and 

7 local law enforcement officials in the identification of 

8 violations of Federal firearms laws; 

9 (2) provide for the establishment of agreements 

10 with State and local law enforcement officials for the 

11 referral to the Bureau of Alcohol, Tobacco, Firearms 

12 and Explosives and the United States Attorney for 

13 prosecution of persons arrested for violations of sec14 tion 922 or section 924 of title 18, United States 

15 Code, or section 5861 of the Internal Revenue Code 

16 of 1986, relating to firearms; 

17 (3) provide for the establishment of multijuris18 dictional task forces, coordinated by the Executive 

19 Office of the United States attorneys to investigate 

20 and prosecute illegal straw purchasing rings that 

21 purchase firearms in one jurisdiction and transfer 

22 them to another; 

23 (4) require that the United States attorney des24 ignate not less than 1 assistant United States attor25 ney to prosecute violations of Federal firearms laws; 


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1 (5) provide for the hiring of agents for the Bu2 reau of Alcohol, Tobacco, Firearms and Explosives 

3 to investigate violations of the provisions referred to 

4 in paragraph (2), United States Code, relating to 

5 firearms; and 

6 (6) ensure that each person referred to the 

7 United States attorney under paragraph (2) be 

8 charged with a violation of the most serious Federal 

9 firearm offense consistent with the act committed. 

10 (c) COVERED JURISDICTIONS.— 

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

12 the jurisdictions specified in this subsection are— 

13 (A) the 10 jurisdictions with a population 

14 equal to or greater than 100,000 persons that 

15 had the highest total number of homicides ac16 cording to the uniform crime report of the Fed17 eral Bureau of Investigation for the most recent 

18 year available; 

19 (B) the 5 jurisdictions with such a popu20 lation, other than the jurisdictions covered by 

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

22 of homicide according to the uniform crime re23 port of the Federal Bureau of Investigation for 

24 the most recent year available; and 


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1 (C) the 3 tribal jurisdictions that have the 

2 highest homicide crime rates, as determined by 

3 the Attorney General. 

4 (2) LIMITATION.—The 15 jurisdictions de5 scribed in subparagraphs (A) and (B) shall not in6 clude any jurisdiction other than those within the 50 

7 States. 

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

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

10 the Attorney General shall submit to the Committee on 

11 the Judiciary of the Senate and the Committee on the Ju12 diciary of the House of Representatives a report con13 taining the following information: 

14 (1) The number of individuals indicted for such 

15 violations of Federal firearms laws during that year 

16 by reason of the program. 

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

18 individuals indicted for such violations of Federal 

19 firearms laws during that year by reason of the pro20 gram when compared with the year preceding that 

21 year. 

22 (3) The number of individuals held without 

23 bond in anticipation of prosecution by reason of the 

24 program. 


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

2 the average length of prison sentence of the individ3 uals convicted of violations of Federal firearms laws 

4 by reason of the program. 

5 (5) The number of multijurisdictional task 

6 forces established and the number of individuals ar7 rested, indicted, convicted or acquitted of charges for 

8 violations of the specific crimes listed in subsection 

9 (b)(2). 

10 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 appropriated to carry out the program under this 

13 section $15,000,000 for each of fiscal years 2020, 

14 2021, and 2022, which shall be used for salaries and 

15 expenses of assistant United States attorneys and 

16 Bureau of Alcohol, Tobacco, Firearms and Explo17 sives agents. 

18 (2) USE OF FUNDS.— 

19 (A) ASSISTANT UNITED STATES ATTOR20 NEYS.—The assistant United States attorneys 

21 hired using amounts authorized to be appro22 priated under paragraph (1) shall prosecute vio23 lations of Federal firearms laws in accordance 

24 with subsection (b)(2). 


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1 (B) ATF AGENTS.—The Bureau of Alco2 hol, Tobacco, Firearms and Explosives agents 

3 hired using amounts authorized to be appro4 priated under paragraph (1) shall, to the max5 imum extent practicable, concentrate their in6 vestigations on violations of Federal firearms 

7 laws in accordance with subsection (b)(2). 

8 SEC. 9. PROSECUTION OF FELONS AND FUGITIVES WHO AT9 TEMPT TO ILLEGALLY PURCHASE FIREARMS. 

10 (a) TASK FORCE.— 

11 (1) ESTABLISHMENT.—There is established a 

12 task force within the Department of Justice, which 

13 shall be known as the Felon and Fugitive Firearm 

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

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

16 of Justice to investigate and prosecute cases of con17 victed felons and fugitives from justice who illegally 

18 attempt to purchase a firearm. 

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

20 Force shall be— 

21 (A) the Deputy Attorney General, who 

22 shall serve as the Chairperson of the Task 

23 Force; 

24 (B) the Assistant Attorney General for the 

25 Criminal Division; 


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

2 Tobacco, Firearms and Explosives; 

3 (D) the Director of the Federal Bureau of 

4 Investigation; and 

5 (E) such other officers or employees of the 

6 Department of Justice as the Attorney General 

7 may designate. 

8 (3) DUTIES.—The Task Force shall— 

9 (A) provide direction for the investigation 

10 and prosecution of cases of convicted felons and 

11 fugitives from justice attempting to illegally 

12 purchase a firearm; and 

13 (B) provide recommendations to the Attor14 ney General relating to— 

15 (i) the allocation and reallocation of 

16 resources of the Department of Justice for 

17 investigation and prosecution of cases of 

18 convicted felons and fugitives from justice 

19 attempting to illegally purchase a firearm; 

20 (ii) enhancing cooperation among 

21 agencies and entities of the Federal Gov22 ernment in the investigation and prosecu23 tion of cases of convicted felons and fugi24 tives from justice attempting to illegally 

25 purchase a firearm; 


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1 (iii) enhancing cooperation among 

2 Federal, State, and local authorities re3 sponsible for the investigation and prosecu4 tion of cases of convicted felons and fugi5 tives from justice attempting to illegally 

6 purchase a firearm; and 

7 (iv) changes in rules, regulations, or 

8 policy to improve the effective investigation 

9 and prosecution of cases of convicted felons 

10 and fugitives from justice attempting to il11 legally purchase a firearm. 

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

13 not less than once a year. 

14 (5) TERMINATION.—The Task Force shall ter15 minate on the date that is 5 years after the date of 

16 enactment of this Act. 

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

18 524(c)(1) of title 28, United States Code, is amended— 

19 (1) in subparagraph (H), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (I), by striking the period 

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

23 (3) by inserting after subparagraph (I) the fol24 lowing: 


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1 ‘‘(J) the investigation and prosecution of cases 

2 of convicted felons and fugitives from justice who il3 legally attempt to purchase a firearm, in accordance 

4 with section 9 of the Protecting Communities and 

5 Preserving the Second Amendment Act of 2019, pro6 vided that— 

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

8 available to the Attorney General for each of 

9 fiscal years 2020 through 2024 under this sub10 paragraph; and 

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

12 amounts made available under this subpara13 graph may be used for the administrative costs 

14 of the task force established under section 9 of 

15 the Protecting Communities and Preserving the 

16 Second Amendment Act of 2019.’’. 

17 SEC. 10. LIMITATION ON OPERATIONS BY THE DEPART18 MENT OF JUSTICE. 

19 The Department of Justice, and any of the law en20 forcement coordinate agencies of the Department of Jus21 tice, shall not conduct any operation where a Federal fire22 arms licensee is directed, instructed, enticed, or otherwise 

23 encouraged by the Department of Justice to sell a firearm 

24 to an individual if the Department of Justice, or a coordi25 nate agency, knows or has reasonable cause to believe that 


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1 such an individual is purchasing on behalf of another for 

2 an illegal purpose unless the Attorney General, the Deputy 

3 Attorney General, or the Assistant Attorney General for 

4 the Criminal Division personally reviews and approves the 

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

6 prepared an operational plan that includes sufficient safe7 guards to prevent firearms from being transferred to third 

8 parties without law enforcement taking reasonable steps 

9 to lawfully interdict those firearms. 

10 SEC. 11. STRAW PURCHASING OF FIREARMS. 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 932. Straw purchasing of firearms 

15 ‘‘(a) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) the term ‘crime of violence’ has the mean17 ing given that term in section 924(c)(3); 

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

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

20 ‘‘(3) the term ‘Federal crime of terrorism’ has 

21 the meaning given that term in section 2332b(g). 

22 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

23 to— 

24 ‘‘(1) purchase or otherwise obtain a firearm, 

25 which has been shipped, transported, or received in 


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1 interstate or foreign commerce, for or on behalf of 

2 any other person who the person purchasing or oth3 erwise obtaining the firearm knows— 

4 ‘‘(A) is prohibited from possessing or re5 ceiving a firearm under subsection (g) or (n) of 

6 section 922; 

7 ‘‘(B) intends to use, carry, possess, or sell 

8 or otherwise dispose of the firearm in further9 ance of a crime of violence, a drug trafficking 

10 crime, or a Federal crime of terrorism; 

11 ‘‘(C) intends to engage in conduct that 

12 would constitute a crime of violence, a drug 

13 trafficking crime, or a Federal crime of ter14 rorism if the conduct had occurred within the 

15 United States; or 

16 ‘‘(D) is not a resident of any State and is 

17 not a citizen or lawful permanent resident of 

18 the United States; or 

19 ‘‘(2) willfully procure another to engage in con20 duct described in paragraph (1). 

21 ‘‘(c) PENALTY.—Any person who violates subsection 

22 (b) shall be fined under this title, imprisoned not more 

23 than 15 years, or both. 

24 ‘‘§ 933. Trafficking in firearms 

25 ‘‘(a) DEFINITIONS.—For purposes of this section— 


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1 ‘‘(1) the term ‘crime of violence’ has the mean2 ing given that term in section 924(c)(3); 

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

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

5 ‘‘(3) the term ‘Federal crime of terrorism’ has 

6 the meaning given that term in section 2332b(g). 

7 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

8 to— 

9 ‘‘(1) ship, transport, transfer, or otherwise dis10 pose of two or more firearms to another person in 

11 or otherwise affecting interstate or foreign com12 merce, if the transferor knows that the use, car13 rying, or possession of a firearm by the transferee 

14 would violate subsection (g) or (n) of section 922, or 

15 constitute a crime of violence, a drug trafficking 

16 crime, or a Federal crime of terrorism; 

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

18 firearms in or otherwise affecting interstate or for19 eign commerce, if the recipient— 

20 ‘‘(A) knows that such receipt would violate 

21 subsection (g) or (n) of section 922; or 

22 ‘‘(B) intends to use the firearm in further23 ance of a crime of violence, a drug trafficking 

24 crime, or a Federal crime of terrorism; or 


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

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

3 ‘‘(c) PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Any person who violates 

5 subsection (b) shall be fined under this title, impris6 oned not more than 15 years, or both. 

7 ‘‘(2) ORGANIZER.—If a violation of subsection 

8 (b) is committed by a person acting in concert with 

9 other persons as an organizer, leader, supervisor, or 

10 manager, the person shall be fined under this title, 

11 imprisoned not more than 20 years, or both.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

14 States Code, is amended by inserting after the item relat15 ing to section 931 the following: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms.’’. 

16 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

17 Pursuant to its authority under section 994 of title 28, 

18 United States Code, and in accordance with this section, 

19 the United States Sentencing Commission shall review and 

20 amend its guidelines and policy statements to ensure that 

21 persons convicted of an offense under section 932 or 933 

22 of title 18, United States Code, and other offenses applica23 ble to the straw purchases and firearms trafficking of fire24 arms are subject to increased penalties in comparison to 


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•S 1519 IS

1 those currently provided by the guidelines and policy state2 ments for such straw purchasing and firearms trafficking 

3 offenses. In its review, the Commission shall consider, in 

4 particular, an appropriate amendment to reflect the intent 

5 of Congress that straw purchasers without significant 

6 criminal histories receive sentences that are sufficient to 

7 deter participation in such activities. The Commission 

8 shall also review and amend its guidelines and policy state9 ments to reflect the intent of Congress that a person con10 victed of an offense under section 932 or 933 of title 18, 

11 United States Code, who is affiliated with a gang, cartel, 

12 organized crime ring, or other such enterprise should be 

13 subject to higher penalties than an otherwise unaffiliated 

14 individual. 

15 SEC. 12. INCREASED PENALTIES FOR LYING AND BUYING. 

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

17 amended in the undesignated matter following subpara18 graph (D) by striking ‘‘five years’’ and inserting the fol19 lowing: ‘‘5 years (or, in the case of a violation under sub20 paragraph (A), not more than 10 years)’’. 

21 SEC. 13. AMENDMENTS TO SECTION 924(a). 

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

23 amended— 

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

25 and 


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

2 ‘‘(8) Whoever knowingly violates subsection (d), 

3 (g), or (n) of section 922 shall be fined under this 

4 title, imprisoned not more than 15 years, or both.’’. 

5 SEC. 14. AMENDMENTS TO SECTION 924(h). 

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

7 amended by striking subsection (h) and inserting the fol8 lowing: 

9 ‘‘(h) Whoever knowingly receives or transfers a fire10 arm or ammunition, or attempts or conspires to do so, 

11 knowing that such firearm or ammunition will be used to 

12 commit a crime of violence (as defined in subsection 

13 (c)(3)), a drug trafficking crime (as defined in subsection 

14 (c)(2)), a Federal crime of terrorism (as defined in section 

15 2332b(g)), or a crime under the Arms Export Control Act 

16 (22 U.S.C. 2751 et seq.), the International Emergency 

17 Economic Powers Act (50 U.S.C. 1701 et seq.), or the 

18 Foreign Narcotics Kingpin Designation Act (21 U.S.C. 

19 1901 et seq.), shall be imprisoned not more than 15 years, 

20 fined in accordance with this title, or both.’’. 

21 SEC. 15. AMENDMENTS TO SECTION 924(k). 

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

23 amended by striking subsection (k) and inserting the fol24 lowing: 


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

2 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); 

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

11 in subsection (c)(3)); or 

12 ‘‘(D) constitutes a Federal crime of terrorism 

13 (as defined in section 2332b(g)), 

14 smuggles or knowingly brings into the United States, a 

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

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

17 this title, or both. 

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

19 promote conduct that— 

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

21 Substances Act (21 U.S.C. 801 et seq.), the Con22 trolled Substances Import and Export Act (21 

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

24 conduct had occurred within the United States; or 


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

2 defined in subsection (c)(3)) or a Federal crime of 

3 terrorism (as defined in section 2332b(g)) for which 

4 the person may be prosecuted in a court of the 

5 United States, if the conduct had occurred within 

6 the United States, 

7 smuggles or knowingly takes out of the United States, a 

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

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

10 this title, or both.’’. 

11 SEC. 16. MULTIPLE SALES REPORTS FOR RIFLES AND 

12 SHOTGUNS. 

13 Section 923(g)(5) of title 18, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(C) The Attorney General may not require a licensee 

16 to submit ongoing or periodic reporting of the sale or other 

17 disposition of 2 or more rifles or shotguns during a speci18 fied period of time.’’. 

19 SEC. 17. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE 

20 AND NATIONAL ACADEMY OF SCIENCES ON 

21 THE CAUSES OF MASS SHOOTINGS. 

22 (a) IN GENERAL.— 

23 (1) STUDY.—Not later than 90 days after the 

24 date of enactment of this Act, the Attorney General 

25 shall instruct the Director of the National Institutes 


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1 of Justice, to conduct a peer-reviewed study to ex2 amine various sources and causes of mass shootings 

3 including psychological factors, the impact of violent 

4 video games, and other factors. The Director shall 

5 enter into a contract with the National Academy of 

6 Sciences to conduct this study jointly with an inde7 pendent panel of 5 experts appointed by the Acad8 emy. 

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

10 date on which the study required under paragraph 

11 (1) begins, the Directors shall submit to Congress a 

12 report detailing the findings of the study. 

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

14 subsection (a)(1) shall examine— 

15 (1) mental illness; 

16 (2) the availability of mental health and other 

17 resources and strategies to help families detect and 

18 counter tendencies toward violence; 

19 (3) the availability of mental health and other 

20 resources at schools to help detect and counter ten21 dencies of students towards violence; 

22 (4) the extent to which perpetrators of mass 

23 shootings, either alleged, convicted, deceased, or oth24 erwise, played violent or adult-themed video games 

25 and whether the perpetrators of mass shootings disVerDate Sep 11 2014 00:04 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1519.IS S1519

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1 cussed, planned, or used violent or adult-themed 

2 video games in preparation of or to assist in car3 rying out their violent actions; 

4 (5) familial relationships, including the level of 

5 involvement and awareness of parents; 

6 (6) exposure to bullying; and 

7 (7) the extent to which perpetrators of mass 

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

9 upon previous violent events. 

10 SEC. 18. REPORTS TO CONGRESS REGARDING AMMUNITION 

11 PURCHASES BY FEDERAL AGENCIES. 

12 Not later than 1 year after the date of enactment 

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

14 Budget, shall report to the Speaker of the House of Rep15 resentatives, the President pro tempore of the Senate, and 

16 the Chairmen and Ranking Members of the House and 

17 Senate Committees on Appropriations and the Committees 

18 on the Judiciary, the House Committee on Homeland Se19 curity, the Senate Committee on Homeland Security and 

20 Governmental Affairs, and the House Committee on Over21 sight and Reform, a report including— 

22 (1) details of all purchases of ammunition by 

23 each Federal agency; 


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

2 and expenditures on ammunition by each Federal 

3 agency; 

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

5 expended by each Federal agency and a current list6 ing of stockpiled ammunition for each Federal agen7 cy; and 

8 (4) an estimate of future ammunition needs 

9 and purchases for each Federal agency for the next 

10 fiscal year. 

11 SEC. 19. REDUCTION OF BYRNE JAG FUNDS FOR STATE 

12 FAILURE TO PROVIDE MENTAL HEALTH 

13 RECORDS TO NICS. 

14 Section 104(b) of the NICS Improvement Amend15 ments Act of 2007 (34 U.S.C. 40914(b)) is amended— 

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

17 (2) by redesignating paragraph (3) as para18 graph (2); 

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

20 striking ‘‘of paragraph (2)’’ and inserting ‘‘of para21 graph (1)’’; and 

22 (4) by inserting before paragraph (2), as so re23 designated, the following: 

24 ‘‘(1) REDUCTION FOR FAILURE TO PROVIDE

25 MENTAL HEALTH RECORDS.— 


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1 ‘‘(A) IN GENERAL.—During the period be2 ginning on the date that is 18 months after the 

3 date of enactment of the Protecting Commu4 nities and Preserving the Second Amendment 

5 Act of 2019 and ending on the day before the 

6 date described in subparagraph (B), the Attor7 ney General shall withhold 5 percent of the 

8 amount that would otherwise be allocated to a 

9 State under section 505 of title I of the Omni10 bus Crime Control and Safe Streets Act of 

11 1968 (34 U.S.C. 10156) if the State does not— 

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

13 of the records required to be provided 

14 under sections 102 and 103; or 

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

16 ‘‘(I) requires the State to provide 

17 the records required to be provided 

18 under sections 102 and 103; and 

19 ‘‘(II) implements a relief from 

20 disabilities program in accordance 

21 with section 105. 

22 ‘‘(B) FINAL IMPLEMENTATION DEAD23 LINE.—Beginning on the date that is 5 years 

24 after the date of enactment of the Protecting 

25 Communities and Preserving the Second 


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1 Amendment Act of 2019, the Attorney General 

2 shall withhold 10 percent of the amount that 

3 would otherwise be allocated to a State under 

4 section 505 of title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (34 

6 U.S.C. 10156) if the State does not have in ef7 fect a statute described in subparagraph (A)(ii) 

8 of this paragraph.’’. 

9 SEC. 20. FIREARM COMMERCE MODERNIZATION. 

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

11 title 18, United States Code, is amended— 

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

13 by striking ‘‘located’’ and inserting ‘‘located or tem14 porarily located’’; and 

15 (2) in subparagraph (A)— 

16 (A) by striking ‘‘rifle or shotgun’’ and in17 serting ‘‘firearm’’; 

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

19 ‘‘located or temporarily located’’; and 

20 (C) by striking ‘‘both such States’’ and in21 serting ‘‘the State in which the transfer is con22 ducted and the State of residence of the trans23 feree’’. 

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

25 United States Code, is amended— 


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1 (1) in subsection (j)— 

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

3 such location is in the State which is specified 

4 on the license’’; and 

5 (B) in the last sentence— 

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

7 ‘‘sell,’’; and 

8 (ii) by striking ‘‘Act,’’ and all that fol9 lows and inserting ‘‘Act.’’; and 

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

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

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

13 of a firearm or ammunition— 

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

15 another person so licensed, at any location in any 

16 State; or 

17 ‘‘(2) by a licensed importer, licensed manufac18 turer, or licensed dealer to a person not licensed 

19 under this chapter, at a temporary location de20 scribed in subsection (j) in any State.’’. 

21 (c) RESIDENCE OF UNITED STATES OFFICERS.— 

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

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

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


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

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

3 of— 

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

5 spouse maintains legal residence; 

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

7 duty station of the member is located; and 

8 ‘‘(C) the State in which the member main9 tains a place of abode from which the member 

10 commutes each day to the permanent duty sta11 tion of the member. 

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

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

14 who is stationed outside the United States for a pe15 riod of more than 1 year, and a spouse of such an 

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

17 which the person maintains legal residence.’’. 

18 SEC. 21. FIREARM DEALER ACCESS TO LAW ENFORCEMENT 

19 INFORMATION. 

20 (a) IN GENERAL.—Section 103(b) of the Brady 

21 Handgun Violence Prevention Act (34 U.S.C. 40901), is 

22 amended— 

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

24 the following: 

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


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

2 ‘‘(2) VOLUNTARY BACKGROUND CHECKS.— 

3 ‘‘(A) IN GENERAL.—Not later than 90 

4 days after the date of enactment of the Pro5 tecting Communities and Preserving the Second 

6 Amendment Act of 2019, the Attorney General 

7 shall promulgate regulations allowing licensees 

8 to use the national instant criminal background 

9 check system established under this section for 

10 purposes of conducting voluntary, no fee em11 ployment background checks on current or pro12 spective employees. 

13 ‘‘(B) NOTICE.—Before conducting an em14 ployment background check relating to an indi15 vidual under subparagraph (A), a licensee 

16 shall— 

17 ‘‘(i) provide written notice to the indi18 vidual that the licensee intends to conduct 

19 the background check; and 

20 ‘‘(ii) obtain consent to conduct the 

21 background check from the individual in 

22 writing. 

23 ‘‘(C) EXEMPTION.—An employment back24 ground check conducted by a licensee under 

25 subparagraph (A) shall not be governed by the 


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1 Fair Credit Reporting Act (15 U.S.C. 1681 et 

2 seq.). 

3 ‘‘(D) APPEAL.—Any individual who is the 

4 subject of an employment background check 

5 conducted by a licensee under subparagraph 

6 (A) the result of which indicates that the indi7 vidual is prohibited from possessing a firearm 

8 or ammunition pursuant to subsection (g) or 

9 (n) of section 922 of title 18, United States 

10 Code, may appeal the results of the background 

11 check in the same manner and to the same ex12 tent as if the individual had been the subject of 

13 a background check relating to the transfer of 

14 a firearm.’’. 

15 (b) ACQUISITION, PRESERVATION, AND EXCHANGE

16 OF IDENTIFICATION RECORDS AND INFORMATION.—Sec17 tion 534 of title 28, United States Code, is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (3), by striking ‘‘and’’ at 

20 the end; 

21 (B) in paragraph (4), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 following: 


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1 ‘‘(5) provide a person licensed as an importer, 

2 manufacturer, or dealer of firearms under chapter 

3 44 of title 18 with information necessary to verify 

4 whether firearms offered for sale to such licensees 

5 have been stolen.’’; and 

6 (2) in subsection (b), by inserting ‘‘, except for 

7 dissemination authorized under subsection (a)(5) of 

8 this section’’ before the period. 

9 (c) REGULATIONS.—Not later than 90 days after the 

10 date of enactment of this Act, and without regard to chap11 ter 5 of title 5, United States Code, the Attorney General 

12 shall promulgate regulations allowing a person licensed as 

13 an importer, manufacturer, or dealer of firearms under 

14 chapter 44 of title 18, United States Code, to receive ac15 cess to records of stolen firearms maintained by the Na16 tional Crime Information Center operated by the Federal 

17 Bureau of Investigation, solely for the purpose of volun18 tarily verifying whether firearms offered for sale to such 

19 licensees have been stolen. 

20 (d) STATUTORY CONSTRUCTION; EVIDENCE.— 

21 (1) STATUTORY CONSTRUCTION.—Nothing in 

22 this section or the amendments made by this section 

23 shall be construed— 

24 (A) to create a cause of action against any 

25 person licensed as an importer, manufacturer, 


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•S 1519 IS

1 or dealer of firearms under chapter 44 of title 

2 18, United States Code, or any other person for 

3 any civil liability; or 

4 (B) to establish any standard of care. 

5 (2) EVIDENCE.—Notwithstanding any other 

6 provision of law, evidence regarding the use or non7 use by a person licensed as an importer, manufac8 turer, or dealer of firearms under chapter 44 of title 

9 18, United States Code, of the systems, information, 

10 or records made available under this section or the 

11 amendments made by this section shall not be ad12 missible as evidence in any proceeding of any court, 

13 agency, board, or other entity. 

14 SEC. 22. INTERSTATE TRANSPORTATION OF FIREARMS OR 

15 AMMUNITION. 

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

17 States Code, is amended to read as follows: 

18 ‘‘§ 926A. Interstate transportation of firearms or am19 munition 

20 ‘‘(a) DEFINITION.—In this section, the term ‘trans21 port’ includes staying in temporary lodging overnight, 

22 stopping for food, fuel, vehicle maintenance, an emer23 gency, medical treatment, and any other activity incidental 

24 to the transport. 


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1 ‘‘(b) AUTHORIZATION.—Notwithstanding any provi2 sion of any law (including a rule or regulation) of a State 

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

4 prohibited by this chapter from possessing, transporting, 

5 shipping, or receiving a firearm or ammunition shall be 

6 entitled to— 

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

8 from any place where the person may lawfully pos9 sess, carry, or transport the firearm to any other 

10 such place if, during the transportation— 

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

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

13 vehicle— 

14 ‘‘(I) the firearm is not directly acces15 sible from the passenger compartment of 

16 the motor vehicle; or 

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

18 compartment separate from the passenger 

19 compartment, the firearm is— 

20 ‘‘(aa) in a locked container other 

21 than the glove compartment or con22 sole; or 

23 ‘‘(bb) secured by a secure gun 

24 storage or safety device; or 


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

2 means, the firearm is in a locked container or 

3 secured by a secure gun storage or safety de4 vice; and 

5 ‘‘(2) transport ammunition for any lawful pur6 pose from any place where the person may lawfully 

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

8 other such place if, during the transportation— 

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

10 firearm; and 

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

12 vehicle— 

13 ‘‘(I) the ammunition is not directly 

14 accessible from the passenger compartment 

15 of the motor vehicle; or 

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

17 compartment separate from the passenger 

18 compartment, the ammunition is in a 

19 locked container other than the glove com20 partment or console; or 

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

22 means, the ammunition is in a locked container. 

23 ‘‘(c) STATE LAW.— 

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

25 transporting a firearm or ammunition may not be— 


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

2 any rule or regulation of a State, or any polit3 ical subdivision thereof, relating to the posses4 sion, transportation, or carrying of firearms or 

5 ammunition, unless there is probable cause to 

6 believe that the transportation is not in accord7 ance with subsection (b); or 

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

9 any rule or regulation of a State, or any polit10 ical subdivision thereof, relating to the posses11 sion, transportation, or carrying of firearms or 

12 ammunition, unless there is reasonable sus13 picion that the transportation is not in accord14 ance with subsection (b). 

15 ‘‘(2) PROSECUTION.— 

16 ‘‘(A) BURDEN OF PROOF.—If a person as17 serts this section as a defense in a criminal pro18 ceeding, the government shall bear the burden 

19 of proving, beyond a reasonable doubt, that the 

20 conduct of the person was not in accordance 

21 with subsection (b). 

22 ‘‘(B) PREVAILING DEFENDANT.—If a per23 son successfully asserts this section as a defense 

24 in a criminal proceeding, the court shall award 


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1 the prevailing defendant reasonable attorney’s 

2 fees.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

6 section 926A and inserting the following: 

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

7 SEC. 23. PREVENTING DUPLICATIVE GRANTS. 

8 Section 1701 of title I of the Omnibus Crime Control 

9 and Safe Streets Act of 1968 (34 U.S.C. 10381) is amend10 ed by adding at the end the following: 

11 ‘‘(n) PREVENTING DUPLICATIVE GRANTS.— 

12 ‘‘(1) IN GENERAL.—Before the Attorney Gen13 eral awards a grant to an applicant under this part, 

14 the Attorney General shall compare potential grant 

15 awards with grants awarded under part A or T to 

16 determine if duplicate grant awards are awarded for 

17 the same purpose. 

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

19 duplicate grants to the same applicant for the same 

20 purpose the Attorney General shall submit to the 

21 Committee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of Rep23 resentatives a report that includes— 


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

2 including the total dollar amount of any dupli3 cate grants awarded; and 

4 ‘‘(B) the reason the Attorney General 

5 awarded the duplicate grants.’’. 

Æ 


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