senate gun control bill s649

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 crimi-

nal background check system and require a background

check for every firearm sale, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

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

‘‘Safe Communities, Safe Schools Act of 2013’’. 5

VerDate Mar 15 2010 17:17 Mar 23, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S649.PCS S649mst

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

this Act is as follows: 2

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. 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. 302. Grant program for school security.

Sec. 303. Applications.

Sec. 304. Authorization of appropriations.

Sec. 305. Accountability.

Sec. 306. CAMPUS Safety Act of 2013.

TITLE I—FIX GUN CHECKS ACT 3

SEC. 101. SHORT TITLE. 4

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

of 2013’’. 6


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Subtitle A—Ensuring That All Indi-1

viduals Who Should Be Prohib-2

ited From Buying a Gun Are 3

Listed in the National Instant 4

Criminal Background Check 5

System 6

SEC. 111. REAUTHORIZATION OF NICS ACT RECORD IM-7

PROVEMENT PROGRAM GRANTS. 8

(a) IN GENERAL.—Section 102(b) of the NICS Im-9

provement Amendments Act of 2007 (18 U.S.C. 922 note) 10

is amended— 11

(1) in paragraph (1)(C)— 12

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

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

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

and 16

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

following: 18

‘‘(2) SCOPE.— 19

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

in determining the compliance of a State under 21

this section or section 104 for the purpose of 22

granting a waiver or imposing a loss of Federal 23

funds, shall assess the total percentage of 24

records provided by the State concerning any 25


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event occurring within the time period estab-1

lished by the Attorney General under subpara-2

graph (B), which would disqualify a person 3

from possessing a firearm under subsection (g) 4

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

Code. 6

‘‘(B) REGULATIONS.—Not later than 1 7

year after the date of enactment of the Fix Gun 8

Checks Act of 2013, the Attorney General shall, 9

through regulation, establish the time period 10

described in subparagraph (A).’’. 11

(b) IMPLEMENTATION ASSISTANCE TO STATES.— 12

Section 103 of the NICS Improvement Amendments Act 13

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

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

the following: 16

‘‘(1) IN GENERAL.—From amounts made avail-17

able to carry out this section and subject to section 18

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

grants to States and Indian tribal governments, in 20

a manner consistent with the National Criminal His-21

tory Improvement Program, which shall be used by 22

the States and Indian tribal governments, in con-23

junction with units of local government and State 24

and local courts to— 25


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‘‘(A) establish and plan information and 1

identification technologies for firearms eligi-2

bility determinations; and 3

‘‘(B) make improvements or upgrade infor-4

mation and identification technologies for fire-5

arms eligibility determinations.’’; 6

(2) by striking subsections (b) and (c) and in-7

serting the following: 8

‘‘(b) USE OF GRANT AMOUNTS.— 9

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

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

used to— 12

‘‘(A) create electronic systems, which pro-13

vide accurate and up-to-date information that is 14

directly related to checks under the National 15

Instant Criminal Background Check System 16

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

court disposition and corrections records; 18

‘‘(B) assist States in establishing or en-19

hancing their own capacities to perform NICS 20

background checks; 21

‘‘(C) supply accurate and timely informa-22

tion to the Attorney General concerning final 23

dispositions of criminal records to databases 24

accessed by NICS; 25


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‘‘(D) supply accurate and timely informa-1

tion to the Attorney General concerning the 2

identity of persons who are prohibited from ob-3

taining a firearm under section 922(g)(4) of 4

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

Federal Bureau of Investigation solely to con-6

duct NICS background checks; 7

‘‘(E) supply accurate and timely court or-8

ders and records of misdemeanor crimes of do-9

mestic violence for inclusion in Federal and 10

State law enforcement databases used to con-11

duct NICS background checks; and 12

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

demonstrate levels of State compliance with this 14

Act. 15

‘‘(2) ADDITIONAL USES.— 16

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

uses described in paragraph (1)— 18

‘‘(i) a grant awarded under subsection 19

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

establishing or enhancing a relief from dis-21

abilities program in accordance with sec-22

tion 105; and 23

‘‘(ii) a grant awarded under sub-24

section (a)(1)(B) may be used to maintain 25


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the relief from disabilities program in ac-1

cordance with section 105. 2

‘‘(B) LIMITATION.—Not less than 3 per-3

cent and not more than 10 percent of each 4

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

be used for the purpose described in subpara-6

graph (A)(i) of this paragraph. 7

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

section 103(a)(1)(B), a State shall certify, to the satisfac-9

tion of the Attorney General, that the State has imple-10

mented a relief from disabilities program in accordance 11

with section 105.’’; and 12

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

following: 14

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 15

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

to be appropriated to carry out this section 17

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

2018. 19

‘‘(2) LIMITATIONS.— 20

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

the amounts authorized to be appropriated for 22

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

than 30 percent may be used to carry out sub-24

section (a)(1)(B). 25


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

awarded more than 2 grants under subsection 2

(a)(1)(B).’’. 3

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

DATA ELECTRONICALLY AVAILABLE TO THE 5

NATIONAL INSTANT CRIMINAL BACKGROUND 6

CHECK SYSTEM. 7

(a) IN GENERAL.—Section 104(b) of the NICS Im-8

provement Amendments Act of 2007 (18 U.S.C. 922 note) 9

is amended by striking paragraphs (1) and (2) and insert-10

ing the following: 11

‘‘(1) DISCRETIONARY REDUCTION.— 12

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

on the date on which the Attorney General pub-14

lishes final rules required under section 15

102(b)(2)(B), the Attorney General may with-16

hold not more than 3 percent of the amount 17

that would otherwise be allocated to a State 18

under section 505 of the Omnibus Crime Con-19

trol and Safe Streets Act of 1968 (42 U.S.C. 20

3755) if the State provides less than 50 percent 21

of the records required to be provided under 22

sections 102 and 103. 23

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

expiration of the period described in subpara-25


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graph (A), the Attorney General may withhold 1

4 percent of the amount that would otherwise 2

be allocated to a State under section 505 of the 3

Omnibus Crime Control and Safe Streets Act of 4

1968 (42 U.S.C. 3755) if the State provides 5

less than 70 percent of the records required to 6

be provided under sections 102 and 103. 7

‘‘(2) MANDATORY REDUCTION.—After the expi-8

ration of the period referred to in paragraph (1)(B), 9

the Attorney General shall withhold 5 percent of the 10

amount that would otherwise be allocated to a State 11

under section 505 of the Omnibus Crime Control 12

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

the State provides less than 90 percent of the 14

records required to be provided under sections 102 15

and 103.’’. 16

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

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

every year thereafter, the Attorney General shall publish, 19

and make available on a publicly accessible website, a re-20

port that ranks the States by the ratio of number of 21

records submitted by each State under sections 102 and 22

103 of the NICS Improvement Amendments Act of 2007 23

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

available records of the State. 25


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SEC. 113. CLARIFICATION THAT FEDERAL COURT INFOR-1

MATION IS TO BE MADE AVAILABLE TO THE 2

NATIONAL INSTANT CRIMINAL BACKGROUND 3

CHECK SYSTEM. 4

Section 103(e)(1) of the Brady Handgun Violence 5

Prevention Act (18 U.S.C. 922 note), is amended by add-6

ing at the end the following: 7

‘‘(F) APPLICATION TO FEDERAL 8

COURTS.—In this paragraph— 9

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

of the United States’ and ‘Federal depart-11

ment or agency’ include a Federal court; 12

and 13

‘‘(ii) for purposes of any request, sub-14

mission, or notification, the Director of the 15

Administrative Office of the United States 16

Courts shall perform the functions of the 17

head of the department or agency.’’. 18

Subtitle B—Requiring a Back-19

ground Check for Every Fire-20

arm Sale 21

SEC. 121. PURPOSE. 22

The purpose of this subtitle is to extend the Brady 23

Law background check procedures to all sales and trans-24

fers of firearms. 25


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SEC. 122. FIREARMS TRANSFERS. 1

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

States Code, is amended— 3

(1) by repealing subsection (s); 4

(2) by redesignating subsection (t) as sub-5

section (s); 6

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

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

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

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

‘‘(7) In this subsection, the term ‘chief law en-11

forcement officer’ means the chief of police, the 12

sheriff, or an equivalent officer or the designee of 13

any such individual.’’; and 14

(4) by inserting after subsection (s), as redesig-15

nated, the following: 16

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

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

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

under this chapter to transfer a firearm to any other per-20

son who is not licensed under this chapter, unless a li-21

censed importer, licensed manufacturer, or licensed dealer 22

has first taken possession of the firearm for the purpose 23

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

of the firearm, the licensee shall comply with all require-25

ments of this chapter as if the licensee were transferring 26


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

transferee. 2

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

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

parents and their children, between siblings, or be-5

tween grandparents and their grandchildren; 6

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

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

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

occurs between an unlicensed transferor and an unli-10

censed transferee, if— 11

‘‘(i) the temporary transfer of possession 12

occurs in the home or curtilage of the unli-13

censed transferor; 14

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

home or curtilage during the temporary trans-16

fer; and 17

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

than 7 days; and 19

‘‘(D) a temporary transfer of possession with-20

out transfer of title made in connection with lawful 21

hunting or sporting purposes if the transfer oc-22

curs— 23

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

premises owned or occupied by a duly incor-25


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porated organization organized for conservation 1

purposes or to foster proficiency in firearms 2

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

premises of the shooting range; 4

‘‘(ii) at a target firearm shooting competi-5

tion under the auspices of or approved by a 6

State agency or nonprofit organization and the 7

firearm is, at all times, kept within the prem-8

ises of the shooting competition; or 9

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

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

where the unlicensed transferee possesses 12

the firearm; 13

‘‘(II) the temporary transfer of pos-14

session occurs during the designated hunt-15

ing season; and 16

‘‘(III) the unlicensed transferee holds 17

any required license or permit. 18

‘‘(3) For purposes of this subsection, the term ‘trans-19

fer’— 20

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

pawn or consignment, or other disposition; and 22

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

the firearm for purposes of examination or evalua-24


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tion by a prospective transferee while in the presence 1

of the prospective transferee. 2

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

chapter, the Attorney General may implement this sub-4

section with regulations. 5

‘‘(B) Regulations promulgated under this para-6

graph— 7

‘‘(i) shall include a provision setting a max-8

imum fee that may be charged by licensees for serv-9

ices provided in accordance with paragraph (1); and 10

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

of transaction of any transfer that occurred between 12

an unlicensed transferor and unlicensed transferee 13

accordance with paragraph (1).’’. 14

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 15

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

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

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

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

(g)(5)(B)’’. 20

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

United States Code, is amended, in the matter pre-22

ceding paragraph (1), by striking ‘‘subsection (s) or 23

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


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(3) NICS IMPROVEMENT AMENDMENTS ACT.— 1

Section 103(f) of the NICS Improvement Amend-2

ments Act of 2007 is amended by striking ‘‘section 3

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

(4) CONSOLIDATED AND FURTHER CONTINUING 5

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

of division B of the Consolidated and Further Con-7

tinuing Appropriations Act, 2012 (18 U.S.C. 922 8

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

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

SEC. 123. LOST AND STOLEN REPORTING. 11

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

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

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

possesses or owns a firearm that has been shipped or 15

transported in, or has been possessed in or affecting, inter-16

state or foreign commerce, to fail to report the theft or 17

loss of the firearm, within 24 hours after the person dis-18

covers the theft or loss, to the Attorney General and to 19

the appropriate local authorities.’’. 20

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

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

and inserting the following: 23

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

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


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SEC. 124. EFFECTIVE DATE. 1

The amendments made by this title shall take effect 2

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

TITLE II—STOP ILLEGAL 4

TRAFFICKING IN FIREARMS ACT 5


This title may be cited as the ‘‘Stop Illegal Traf-7

ficking in Firearms Act of 2013’’. 8

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

ANTI-STRAW PURCHASING AND FIREARMS 10

TRAFFICKING AMENDMENTS. 11

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

States Code, is amended by adding at the end the fol-13

lowing: 14

‘‘§ 932. Straw purchasing of firearms 15

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

‘‘(1) the term ‘crime of violence’ has the mean-17

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 ‘purchase’ includes the receipt of 21

any firearm by a person who does not own the fire-22

arm— 23

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

for the payment or repayment of money; or 25

‘‘(B) on consignment. 26


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

a licensed importer, licensed manufacturer, licensed col-2

lector, or licensed dealer) to knowingly purchase, or at-3

tempt or conspire to purchase, any firearm in or otherwise 4

affecting interstate or foreign commerce— 5

‘‘(1) from a licensed importer, licensed manu-6

facturer, licensed collector, or licensed dealer for, on 7

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

person, known or unknown; or 9

‘‘(2) from any person who is not a licensed im-10

porter, licensed manufacturer, licensed collector, or 11

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

demand of any other person, known or unknown, 13

knowing or having reasonable cause to believe that 14

such other person— 15

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

convicted in any court of, a crime punishable by 17

imprisonment for a term exceeding 1 year; 18

‘‘(B) is a fugitive from justice; 19

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

any controlled substance (as defined in section 21

102 of the Controlled Substances Act (21 22

U.S.C. 802)); 23


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‘‘(D) has been adjudicated as a mental de-1

fective or has been committed to any mental in-2

stitution; 3

‘‘(E) is an alien who— 4

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

United States; or 6

‘‘(ii) except as provided in section 7

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

States under a nonimmigrant visa (as that 9

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

the Immigration and Nationality Act (8 11

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

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

Forces under dishonorable conditions; 14

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

States, has renounced his or her citizenship; 16

‘‘(H) is subject to a court order that re-17

strains such person from harassing, stalking, or 18

threatening an intimate partner of such person 19

or child of such intimate partner or person, or 20

engaging in other conduct that would place an 21

intimate partner in reasonable fear of bodily in-22

jury to the partner or child, except that this 23

subparagraph shall only apply to a court order 24

that— 25


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‘‘(i) was issued after a hearing of 1

which such person received actual notice, 2

and at which such person had the oppor-3

tunity to participate; and 4

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

person represents a credible threat to the 6

physical safety of such intimate partner or 7

child; or 8

‘‘(II) by its terms explicitly prohibits 9

the use, attempted use, or threatened use 10

of physical force against such intimate 11

partner or child that would reasonably be 12

expected to cause bodily injury; 13

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

misdemeanor crime of domestic violence; 15

‘‘(J) intends to— 16

‘‘(i) use, carry, possess, or sell or oth-17

erwise dispose of the firearm or ammuni-18

tion in furtherance of a crime of violence 19

or drug trafficking crime; or 20

‘‘(ii) export the firearm or ammuni-21

tion in violation of law; 22

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

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

or 25


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

the firearm or ammunition to a person de-2

scribed in any of subparagraphs (A) through 3

(K). 4

‘‘(c)(1) Except as provided in paragraph (2), any per-5

son who violates subsection (b) shall be fined under this 6

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

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

knowing or with reasonable cause to believe that any fire-9

arm involved will be used to commit a crime of violence, 10

the person shall be sentenced to a term of imprisonment 11

of not more than 25 years. 12

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

that is lawfully purchased by a person— 14

‘‘(1) to be given as a bona fide gift to a recipi-15

ent who provided no service or tangible thing of 16

value to acquire the firearm, unless the person 17

knows or has reasonable cause to believe such recipi-18

ent is prohibited by Federal law from possessing, re-19

ceiving, selling, shipping, transporting, transferring, 20

or otherwise disposing of the firearm; or 21

‘‘(2) to be given to a bona fide winner of an or-22

ganized raffle, contest, or auction conducted in ac-23

cordance with law and sponsored by a national, 24

State, or local organization or association, unless the 25


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person knows or has reasonable cause to believe such 1

recipient is prohibited by Federal law from pos-2

sessing, purchasing, receiving, selling, shipping, 3

transporting, transferring, or otherwise disposing of 4

the firearm. 5

‘‘§ 933. Trafficking in firearms 6

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

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

transported, or otherwise dispose of 2 or more fire-9

arms to another person in or otherwise affecting 10

interstate or foreign commerce, if the transferor 11

knows or has reasonable cause to believe that the 12

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

transferee would be in violation of, or would result 14

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

term of imprisonment exceeding 1 year; 16

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

firearms in or otherwise affecting interstate or for-18

eign commerce, if the recipient knows or has reason-19

able cause to believe that such receipt would be in 20

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

Federal law punishable by a term of imprisonment 22

exceeding 1 year; or 23

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

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


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‘‘(b)(1) Except as provided in paragraph (2), any per-1

son who violates subsection (a) shall be fined under this 2

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

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

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

respect to whom such person occupies a position of orga-6

nizer, leader, supervisor, or manager, the person shall be 7

sentenced to a term of imprisonment of not more than 8

25 years. 9

‘‘§ 934. Forfeiture and fines 10

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

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

of any provision of State law— 13

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

any proceeds the person obtained, directly or indi-15

rectly, as the result of such violation; and 16

‘‘(B) any of the person’s property used, or in-17

tended to be used, in any manner or part, to com-18

mit, or to facilitate the commission of, such viola-19

tion. 20

‘‘(2) The court, in imposing sentence on a person con-21

victed of a violation of section 932 or 933, shall order, 22

in addition to any other sentence imposed pursuant to sec-23

tion 932 or 933, that the person forfeit to the United 24

States all property described in paragraph (1). 25


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‘‘(b) A defendant who derives profits or other pro-1

ceeds from an offense under section 932 or 933 may be 2

fined not more than the greater of— 3

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

and 5

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

or other proceeds of the offense under section 932 7

or 933.’’. 8

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

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

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

(c) RACKETEERING AMENDMENT.—Section 12

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

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

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

‘‘section 1028’’. 16

(d) MONEY LAUNDERING AMENDMENT.—Section 17

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

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

924(n), 932, or 933’’. 20

(e) DIRECTIVE TO SENTENCING COMMISSION.—Pur-21

suant to its authority under section 994 of title 28, United 22

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

United States Sentencing Commission shall review and 24

amend its guidelines and policy statements to ensure that 25


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persons convicted of an offense under section 932 or 933 1

of title 18, United States Code, and other offenses applica-2

ble to the straw purchases and firearms trafficking of fire-3

arms are subject to increased penalties in comparison to 4

those currently provided by the guidelines and policy state-5

ments for such straw purchasing and firearms trafficking 6

offenses. The Commission shall also review and amend its 7

guidelines and policy statements to reflect the intent of 8

Congress that a person convicted of an offense under sec-9

tion 932 or 933 of title 18, United States Code, who is 10

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

other such enterprise should be subject to higher penalties 12

than an otherwise unaffiliated individual. 13

(f) TECHNICAL AND CONFORMING AMENDMENT.— 14

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

States Code, is amended by adding at the end the fol-16

lowing: 17

‘‘932. Straw purchasing of firearms.

‘‘933. Trafficking in firearms.

‘‘934. Forfeiture and fines.’’.

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

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

amended— 20

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

end; 22

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

the end and inserting a semicolon; and 24


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(3) by striking the matter following paragraph 1

(9) and inserting the following: 2

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

firearm or ammunition to a person described in any 4

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

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

firearm or ammunition in furtherance of a crime of 7

violence or drug trafficking offense or to export the 8

firearm or ammunition in violation of law. 9

This subsection shall not apply with respect to the sale 10

or disposition of a firearm or ammunition to a licensed 11

importer, licensed manufacturer, licensed dealer, or li-12

censed collector who pursuant to subsection (b) of section 13

925 is not precluded from dealing in firearms or ammuni-14

tion, or to a person who has been granted relief from dis-15

abilities pursuant to subsection (c) of section 925.’’. 16

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

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

amended— 19

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

and 21

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

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

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

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


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

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

amended by striking subsection (h) and inserting the fol-3

lowing: 4

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

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

knowing or having reasonable cause to believe that such 7

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

violence (as defined in subsection (c)(3)), a drug traf-9

ficking crime (as defined in subsection (c)(2)), or a crime 10

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

seq.), the International Emergency Economic Powers Act 12

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

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

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

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

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

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

under this subsection shall run concurrently with any term 19

of imprisonment imposed on the person under section 20

932.’’. 21

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

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

amended by striking subsection (k) and inserting the fol-24

lowing: 25


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

to promote conduct that— 2

‘‘(A) is punishable under the Controlled Sub-3

stances Act (21 U.S.C. 801 et seq.), the Controlled 4

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

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

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

controlled substance (as defined in section 102 of 8

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

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

in subsection (c)(3)), 11

smuggles or knowingly brings into the United States a 12


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

this title, or both. 15

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

promote conduct that— 17

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

Substances Act (21 U.S.C. 801 et seq.), the Con-19

trolled Substances Import and Export Act (21 20

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

conduct had occurred within the United States; or 22

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

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

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


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if the conduct had occurred within the United 1

States, 2

smuggles or knowingly takes out of the United States a 3


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

this title, or both.’’. 6

SEC. 207. LIMITATION ON OPERATIONS BY THE DEPART-7

MENT OF JUSTICE. 8

The Department of Justice, and any of its law en-9

forcement coordinate agencies, shall not conduct any oper-10

ation where a Federal firearms licensee is directed, in-11

structed, enticed, or otherwise encouraged by the Depart-12

ment of Justice to sell a firearm to an individual if the 13

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

has reasonable cause to believe that such an individual is 15

purchasing on behalf of another for an illegal purpose un-16

less the Attorney General, the Deputy Attorney General, 17

or the Assistant Attorney General for the Criminal Divi-18

sion personally reviews and approves the operation, in 19

writing, and determines that the agency has prepared an 20

operational plan that includes sufficient safeguards to pre-21

vent firearms from being transferred to third parties with-22

out law enforcement taking reasonable steps to lawfully 23

interdict those firearms. 24


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TITLE III—SCHOOL AND CAMPUS 1

SAFETY ENHANCEMENTS ACT 2


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

Safety Enhancements Act of 2013’’. 5

SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY. 6

Section 2701 of title I of the Omnibus Crime Control 7

and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amend-8

ed— 9

(1) in subsection (b)— 10

(A) in paragraph (1)— 11

(i) by striking ‘‘Placement’’ and in-12

serting ‘‘Installation’’; and 13

(ii) by inserting ‘‘surveillance equip-14

ment,’’ after ‘‘detectors,’’; 15

(B) by redesignating paragraph (5) as 16

paragraph (6); and 17

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

following: 19

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

the reporting of potentially dangerous students and 21

situations.’’; and 22


‘‘(g) INTERAGENCY TASK FORCE.— 24


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

after the date of enactment of the School and Cam-2

pus Safety Enhancements Act of 2013, the Director 3

and the Secretary of Education, or the designee of 4

the Secretary, shall establish an interagency task 5

force to develop and promulgate a set of advisory 6

school safety guidelines. 7

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

than 1 year after the date of enactment of the 9

School and Campus Safety Enhancements Act of 10

2013, the advisory school safety guidelines promul-11

gated by the interagency task force shall be pub-12

lished in the Federal Register. 13

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

the final advisory school safety guidelines under this 15

subsection, the interagency task force shall consult 16

with stakeholders and interested parties, including 17

parents, teachers, and agencies.’’. 18

SEC. 303. APPLICATIONS. 19

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

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

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

‘‘(2) be accompanied by a report— 23

‘‘(A) signed by the heads of each law en-24

forcement agency and school district with juris-25


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diction over the schools where the safety im-1

provements will be implemented; and 2

‘‘(B) demonstrating that each proposed use 3

of the grant funds will be— 4

‘‘(i) an effective means for improving 5

the safety of 1 or more schools; 6

‘‘(ii) consistent with a comprehensive 7

approach to preventing school violence; and 8

‘‘(iii) individualized to the needs of 9

each school at which those improvements 10

are to be made.’’. 11

SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 12


and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amend-14

ed— 15

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

‘‘$40,000,000’’; and 17

(2) by striking ‘‘2001 through 2009’’ and in-18

serting ‘‘2014 through 2023’’. 19

SEC. 305. ACCOUNTABILITY. 20


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

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

the following: 24


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

Attorney General under this part shall be subject to the 2

following accountability provisions: 3

‘‘(1) AUDIT REQUIREMENT.— 4

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

term ‘unresolved audit finding’ means a finding 6

in the final audit report of the Inspector Gen-7

eral of the Department of Justice that the au-8

dited grantee has utilized grant funds for an 9

unauthorized expenditure or otherwise unallow-10

able cost that is not closed or resolved within 11

12 months from the date when the final audit 12

report is issued. 13

‘‘(B) AUDITS.—Beginning in the first fis-14

cal year beginning after the date of enactment 15

of this subsection, and in each fiscal year there-16

after, the Inspector General of the Department 17

of Justice shall conduct audits of recipients of 18

grants under this part to prevent waste, fraud, 19

and abuse of funds by grantees. The Inspector 20

General shall determine the appropriate number 21

of grantees to be audited each year. 22

‘‘(C) MANDATORY EXCLUSION.—A recipi-23

ent of grant funds under this part that is found 24

to have an unresolved audit finding shall not be 25


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eligible to receive grant funds under this part 1

during the first 2 fiscal years beginning after 2

the end of the 12-month period described in 3

subparagraph (A). 4

‘‘(D) PRIORITY.—In awarding grants 5

under this part, the Attorney General shall give 6

priority to eligible applicants that did not have 7

an unresolved audit finding during the 3 fiscal 8

years before submitting an application for a 9

grant under this part. 10

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

awarded grant funds under this part during the 12

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

barred from receiving grants under subpara-14

graph (C), the Attorney General shall— 15

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

amount of the grant funds that were im-17

properly awarded to the grantee into the 18

General Fund of the Treasury; and 19

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

repayment to the fund from the grant re-21

cipient that was erroneously awarded grant 22

funds. 23

‘‘(2) NONPROFIT ORGANIZATION REQUIRE-24

MENTS.— 25


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

paragraph and the grant programs under this 2

part, the term ‘nonprofit organization’ means 3

an organization that is described in section 4

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

and is exempt from taxation under section 6

501(a) of such Code. 7

‘‘(B) PROHIBITION.—The Attorney Gen-8

eral may not award a grant under this part to 9

a nonprofit organization that holds money in 10

offshore accounts for the purpose of avoiding 11

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

the Internal Revenue Code of 1986. 13

‘‘(C) DISCLOSURE.—Each nonprofit orga-14

nization that is awarded a grant under this part 15

and uses the procedures prescribed in regula-16

tions to create a rebuttable presumption of rea-17

sonableness for the compensation of its officers, 18

directors, trustees and key employees, shall dis-19

close to the Attorney General, in the application 20

for the grant, the process for determining such 21

compensation, including the independent per-22

sons involved in reviewing and approving such 23

compensation, the comparability data used, and 24

contemporaneous substantiation of the delibera-25


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tion and decision. Upon request, the Attorney 1

General shall make the information disclosed 2

under this subparagraph available for public in-3

spection. 4

‘‘(3) CONFERENCE EXPENDITURES.— 5

‘‘(A) LIMITATION.—No amounts author-6

ized to be appropriated to the Department of 7

Justice under this part may be used by the At-8

torney General, or by any individual or entity 9

awarded discretionary funds through a coopera-10

tive agreement under this part, to host or sup-11

port any expenditure for conferences that uses 12

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

the Department of Justice, unless the Deputy 14

Attorney General or such Assistant Attorney 15

Generals, Directors, or principal deputies as the 16

Deputy Attorney General may designate, pro-17

vides prior written authorization that the funds 18

may be expended to host the conference. 19

‘‘(B) WRITTEN APPROVAL.—Written ap-20

proval under subparagraph (A) shall include a 21

written estimate of all costs associated with the 22

conference, including the cost of all food, bev-23

erages, audio-visual equipment, honoraria for 24

speakers, and entertainment. 25


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‘‘(C) REPORT.—The Deputy Attorney Gen-1

eral shall submit an annual report to the Com-2

mittee on the Judiciary of the Senate and the 3

Committee on the Judiciary of the House of 4

Representatives on all conference expenditures 5

approved under this paragraph. 6

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

the first fiscal year beginning after the date of en-8

actment of this subsection, the Attorney General 9

shall submit, to the Committee on the Judiciary and 10

the Committee on Appropriations of the Senate and 11

the Committee on the Judiciary and the Committee 12

on Appropriations of the House of Representatives, 13

an annual certification— 14

‘‘(A) indicating whether— 15

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

the Inspector General under paragraph (1) 17

have been completed and reviewed by the 18

appropriate Assistant Attorney General or 19

Director; 20

‘‘(ii) all mandatory exclusions required 21

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

and 23


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‘‘(iii) all reimbursements required 1

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

and 3

‘‘(B) that includes a list of any grant re-4

cipients excluded under paragraph (1) from the 5

previous year.’’. 6

SEC. 306. CAMPUS SAFETY ACT OF 2013. 7

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

‘‘Center to Advance, Monitor, and Preserve University Se-9

curity Safety Act of 2013’’ or the ‘‘CAMPUS Safety Act 10

of 2013’’. 11

(b) NATIONAL CENTER FOR CAMPUS PUBLIC SAFE-12

TY.—Subpart 1 of part E of title I of the Omnibus Crime 13

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

et seq.) is amended— 15

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

(A) in subsection (a)(1)— 17

(i) in the matter preceding subpara-18

graph (A), by inserting ‘‘or purposes’’ after 19

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

and 21

(ii) by adding at the end the fol-22

lowing: 23

‘‘(H) Making subawards to institutions of 24

higher education and other nonprofit organiza-25


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tions to assist the National Center for Campus 1

Public Safety in carrying out the functions of 2

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

(B) in subsection (b)— 4

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

at the end; 6

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

period and inserting ‘‘; or’’; and 8

(iii) by adding at the end the fol-9

lowing: 10

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

nonprofit organizations, for purposes of carrying out 12

section 509.’’; and 13


‘‘SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFE-15

TY. 16

‘‘(a) DEFINITION OF INSTITUTION OF HIGHER EDU-17

CATION.—In this section, the term ‘institution of higher 18

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

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

‘‘(b) AUTHORITY TO ESTABLISH AND OPERATE CEN-21

TER.—The Attorney General may establish and operate 22

a National Center for Campus Public Safety (referred to 23

in this section as the ‘Center’). 24


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

shall— 2

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

public safety personnel of institutions of higher edu-4

cation and their collaborative partners, including 5

campus mental health agencies; 6

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

safety and security of institutions of higher edu-8

cation; 9

‘‘(3) serve as a clearinghouse for the identifica-10

tion and dissemination of information, policies, pro-11

tocols, procedures, and best practices relevant to 12

campus public safety, including off-campus housing 13

safety, the prevention of violence against persons 14

and property, and emergency response and evacu-15

ation procedures; 16

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

Security, the Secretary of Education, State, local 18

and tribal governments and law enforcement agen-19

cies, private and nonprofit organizations and asso-20

ciations, and other stakeholders, to develop protocols 21

and best practices to prevent, protect against and 22

respond to dangerous and violent situations involv-23

ing an immediate threat to the safety of the campus 24

community; 25


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‘‘(5) promote the development and dissemina-1

tion of effective behavioral threat assessment and 2

management models to prevent campus violence; 3

‘‘(6) identify campus safety information (includ-4

ing ways to increase off-campus housing safety) and 5

identify resources available from the Department of 6

Justice, the Department of Homeland Security, the 7

Department of Education, State, local, and tribal 8

governments and law enforcement agencies, and pri-9

vate and nonprofit organizations and associations; 10

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

consistency in prevention, response, and problem- 12

solving methods among public safety and emergency 13

management personnel of institutions of higher edu-14

cation and their campus- and non-campus-based col-15

laborative partners, including law enforcement, 16

emergency management, mental health services, and 17

other relevant agencies; 18

‘‘(8) disseminate standardized formats and 19

models for mutual aid agreements and memoranda 20

of understanding between campus security agencies 21

and other public safety organizations and mental 22

health agencies; and 23


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

performed by the Center during the previous 12 2

months. 3

‘‘(d) COORDINATION WITH AVAILABLE RE-4

SOURCES.—In establishing the Center, the Attorney Gen-5

eral shall— 6

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

Security, the Secretary of Education, and appro-8

priate State or territory officials; 9

‘‘(2) ensure coordination with campus public 10

safety resources within the Department of Homeland 11

Security, including within the Federal Emergency 12

Management Agency, and the Department of Edu-13

cation; and 14

‘‘(3) coordinate within the Department of Jus-15

tice and existing grant programs to ensure against 16

duplication with the program authorized by this sec-17

tion. 18

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

of each fiscal year, the Attorney General shall— 20

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

outcomes and effectiveness of the grants distributed 22

to carry out this section; 23

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

of duplicative activity, if any, performed through 25


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grants distributed to carry out this section and other 1

grant programs maintained by the Department of 2

Justice, the Department of Education, and the De-3

partment of Homeland Security; and 4

‘‘(3) make such report available on the Depart-5

ment of Justice website and submit such report to 6

the Senate and House Judiciary Committees and the 7

Senate and House Appropriations Committees.’’. 8

(c) RULE OF CONSTRUCTION.—Nothing in this sec-9

tion shall preclude public elementary and secondary 10

schools or their larger governing agencies from receiving 11

the informational and training benefits of the National 12

Center for Campus Public Safety authorized under section 13

509 of the Omnibus Crime Control and Safe Streets Act 14

of 1968, as added by this title. 15


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senate gun control bill s649

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