[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1605 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1605

  To protect Second Amendment rights, ensure that all individuals who 
 should be prohibited from buying a firearm are listed in the National 
Instant Criminal Background Check System, and provide a responsible and 
                  consistent background check process.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2013

  Mr. Larson of Connecticut introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committees on Veterans' Affairs and Energy and Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To protect Second Amendment rights, ensure that all individuals who 
 should be prohibited from buying a firearm are listed in the National 
Instant Criminal Background Check System, and provide a responsible and 
                  consistent background check process.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety and Second Amendment 
Rights Protection Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress supports, respects, and defends the 
        fundamental, individual right to keep and bear arms guaranteed 
        by the Second Amendment to the Constitution of the United 
        States.
            (2) Congress supports and reaffirms the existing 
        prohibition on a national firearms registry.
            (3) Congress believes the Department of Justice should 
        prosecute violations of background check requirements to the 
        maximum extent of the law.
            (4) There are deficits in the background check system in 
        existence prior to the date of enactment of this Act and the 
        Department of Justice should make it a top priority to work 
        with States to swiftly input missing records, including mental 
        health records.
            (5) Congress and the citizens of the United States agree 
        that in order to promote safe and responsible gun ownership, 
        dangerous criminals and the seriously mentally ill should be 
        prohibited from possessing firearms; therefore, it should be 
        incumbent upon all citizens to ensure weapons are not being 
        transferred to such people.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or any amendment made by this Act, shall be 
construed to--
            (1) expand in any way the enforcement authority or 
        jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives; or
            (2) allow the establishment, directly or indirectly, of a 
        Federal firearms registry.

SEC. 4. SEVERABILITY.

    If any provision of this Act or an amendment made by this Act, or 
the application of a provision or amendment to any person or 
circumstance, is held to be invalid for any reason in any court of 
competent jurisdiction, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and amendment to any 
other person or circumstance, shall not be affected.

 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS 
              IMPROVEMENT PROGRAM.

    Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``of this Act'' and inserting ``of the Public 
        Safety and Second Amendment Rights Protection Act of 2013''; 
        and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated for grants under this subsection 
        $100,000,000 for each of fiscal years 2014 through 2017.''.

SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

    Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 
U.S.C. 922 note) is amended to read as follows:
    ``(b) Implementation Plan.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Public Safety and Second Amendment Rights 
        Protection Act of 2013, the Attorney General, in coordination 
        with the States, shall establish for each State or Indian 
        tribal government desiring a grant under section 103 a 4-year 
        implementation plan to ensure maximum coordination and 
        automation of the reporting of records or making records 
        available to the National Instant Criminal Background Check 
        System.
            ``(2) Benchmark requirements.--Each 4-year plan established 
        under paragraph (1) shall include annual benchmarks, including 
        both qualitative goals and quantitative measures, to assess 
        implementation of the 4-year plan.
            ``(3) Penalties for non-compliance.--
                    ``(A) In general.--During the 4-year period covered 
                by a 4-year plan established under paragraph (1), the 
                Attorney General shall withhold--
                            ``(i) 10 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the first year in the 
                        4-year period;
                            ``(ii) 11 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the second year in the 
                        4-year period;
                            ``(iii) 13 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the third year in the 
                        4-year period; and
                            ``(iv) 15 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the fourth year in the 
                        4-year period.
                    ``(B) Failure to establish a plan.--A State that 
                fails to establish a plan under paragraph (1) shall be 
                treated as having not met any benchmark established 
                under paragraph (2).''.

SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND 
              AUTOMATION OF NICS RECORD REPORTING.

    (a) In General.--The NICS Improvement Amendments Act of 2007 (18 
U.S.C. 922 note) is amended--
            (1) by striking section 103 and inserting the following:

``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND 
              AUTOMATION OF NICS RECORD REPORTING.

    ``(a) Authorization.--From amounts made available to carry out this 
section, the Attorney General shall make grants to States, Indian 
Tribal governments, and State court systems, in a manner consistent 
with the National Criminal History Improvement Program and consistent 
with State plans for integration, automation, and accessibility of 
criminal history records, for use by the State, or units of local 
government of the State, Indian Tribal government, or State court 
system to improve the automation and transmittal of mental health 
records and criminal history dispositions, records relevant to 
determining whether a person has been convicted of a misdemeanor crime 
of domestic violence, court orders, and mental health adjudications or 
commitments to Federal and State record repositories in accordance with 
section 102 and the National Criminal History Improvement Program.
    ``(b) Use of Grant Amounts.--Grants awarded to States, Indian 
Tribal governments, or State court systems under this section may only 
be used to--
            ``(1) carry out, as necessary, assessments of the 
        capabilities of the courts of the State or Indian Tribal 
        government for the automation and transmission of arrest and 
        conviction records, court orders, and mental health 
        adjudications or commitments to Federal and State record 
        repositories;
            ``(2) implement policies, systems, and procedures for the 
        automation and transmission of arrest and conviction records, 
        court orders, and mental health adjudications or commitments to 
        Federal and State record repositories;
            ``(3) create electronic systems that provide accurate and 
        up-to-date information which is directly related to checks 
        under the National Instant Criminal Background Check System, 
        including court disposition and corrections records;
            ``(4) assist States or Indian Tribal governments in 
        establishing or enhancing their own capacities to perform 
        background checks using the National Instant Criminal 
        Background Check System; and
            ``(5) develop and maintain the relief from disabilities 
        program in accordance with section 105.
    ``(c) Eligibility.--
            ``(1) In general.--To be eligible for a grant under this 
        section, a State, Indian Tribal government, or State court 
        system shall certify, to the satisfaction of the Attorney 
        General, that the State, Indian Tribal government, or State 
        court system--
                    ``(A) is not prohibited by State law or court order 
                from submitting mental health records to the National 
                Instant Criminal Background Check System; and
                    ``(B) subject to paragraph (2), has implemented a 
                relief from disabilities program in accordance with 
                section 105.
            ``(2) Relief from disabilities program.--For purposes of 
        obtaining a grant under this section, a State, Indian Tribal 
        government, or State court system shall not be required to meet 
        the eligibility requirement described in paragraph (1)(B) until 
        the date that is 2 years after the date of enactment of the 
        Public Safety and Second Amendment Rights Protection Act of 
        2013.
    ``(d) Federal Share.--
            ``(1) Studies, assessments, non-material activities.--The 
        Federal share of a study, assessment, creation of a task force, 
        or other non-material activity, as determined by the Attorney 
        General, carried out with a grant under this section shall be 
        not more than 25 percent.
            ``(2) Infrastructure or system development.--The Federal 
        share of an activity involving infrastructure or system 
        development, including labor-related costs, for the purpose of 
        improving State or Indian Tribal government record reporting to 
        the National Instant Criminal Background Check System carried 
        out with a grant under this section may amount to 100 percent 
        of the cost of the activity.
    ``(e) Grants to Indian Tribes.--Up to 5 percent of the grant 
funding available under this section may be reserved for Indian tribal 
governments for use by Indian tribal judicial systems.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2014 through 2017.'';
            (2) by striking title III; and
            (3) in section 401(b), by inserting after ``of this Act'' 
        the following: ``and 18 months after the date of enactment of 
        the Public Safety and Second Amendment Rights Protection Act of 
        2013''.
    (b) Technical and Conforming Amendment.--The table of sections in 
section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 
922 note) is amended by striking the item relating to section 103 and 
inserting the following:

``Sec. 103. Grants to States for improvement of coordination and 
                            automation of NICS record reporting.''.

SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

    Section 105 of the NICS Improvement Amendments Act of 2007 (18 
U.S.C. 922 note) is amended by adding at the end the following:
    ``(c) Penalties for Non-Compliance.--
            ``(1) 10 percent reduction.--During the 1-year period 
        beginning 2 years after the date of enactment of the Public 
        Safety and Second Amendment Rights Protection Act of 2013, the 
        Attorney General shall withhold 10 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3755) if the State has not implemented a relief from 
        disabilities program in accordance with this section.
            ``(2) 11 percent reduction.--During the 1-year period after 
        the expiration of the period described in paragraph (1), the 
        Attorney General shall withhold 11 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3755) if the State has not implemented a relief from 
        disabilities program in accordance with this section.
            ``(3) 13 percent reduction.--During the 1-year period after 
        the expiration of the period described in paragraph (2), the 
        Attorney General shall withhold 13 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3755) if the State has not implemented a relief from 
        disabilities program in accordance with this section.
            ``(4) 15 percent reduction.--After the expiration of the 1-
        year period described in paragraph (3), the Attorney General 
        shall withhold 15 percent of the amount that would otherwise be 
        allocated to a State under section 505 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
        State has not implemented a relief from disabilities program in 
        accordance with this section.''.

SEC. 105. ADDITIONAL PROTECTIONS FOR OUR VETERANS.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes
    ``(a) In General.--In any case arising out of the administration by 
the Secretary of laws and benefits under this title, a person who is 
determined by the Secretary to be mentally incompetent shall not be 
considered adjudicated pursuant to subsection (d)(4) or (g)(4) of 
section 922 of title 18 until--
            ``(1) in the case in which the person does not request a 
        review as described in subsection (c)(1), the end of the 30-day 
        period beginning on the date on which the person receives 
        notice submitted under subsection (b); or
            ``(2) in the case in which the person requests a review as 
        described in paragraph (1) of subsection (c), upon an 
        assessment by the board designated or established under 
        paragraph (2) of such subsection or court of competent 
        jurisdiction that a person cannot safely use, carry, possess, 
        or store a firearm due to mental incompetency.
    ``(b) Notice.--Notice submitted under this subsection to a person 
described in subsection (a) is notice submitted by the Secretary that 
notifies the person of the following:
            ``(1) The determination made by the Secretary.
            ``(2) A description of the implications of being considered 
        adjudicated as a mental defective under subsection (d)(4) or 
        (g)(4) of section 922 of title 18.
            ``(3) The person's right to request a review under 
        subsection (c)(1).
    ``(c) Administrative Review.--(1) Not later than 30 days after the 
date on which a person described in subsection (a) receives notice 
submitted under subsection (b), such person may request a review by the 
board designed or established under paragraph (2) or a court of 
competent jurisdiction to assess whether a person cannot safely use, 
carry, possess, or store a firearm due to mental incompetency. In such 
assessment, the board may consider the person's honorable discharge or 
decoration.
    ``(2) Not later than 180 days after the date of enactment of the 
Public Safety and Second Amendment Rights Protection Act of 2013, the 
Secretary shall designate or establish a board that shall, upon request 
of a person under paragraph (1), assess whether a person cannot safely 
use, carry, possess, or store a firearm due to mental incompetency.
    ``(d) Judicial Review.--Not later than 30 days after the date of an 
assessment of a person under subsection (c) by the board designated or 
established under paragraph (2) of such subsection, such person may 
file a petition for judicial review of such assessment with a Federal 
court of competent jurisdiction.
    ``(e) Protecting Rights of Veterans With Existing Records.--Not 
later than 90 days after the date of enactment of the Public Safety and 
Second Amendment Rights Protection Act of 2013, the Secretary shall 
provide written notice of the opportunity for administrative review and 
appeal under subsection (c) to all persons who, on the date of 
enactment of the Public Safety and Second Amendment Rights Protection 
Act of 2013, are considered adjudicated pursuant to subsection (d)(4) 
or (g)(4) of section 922 of title 18 as a result of having been found 
by the Department of Veterans Affairs to be mentally incompetent.
    ``(f) Future Determinations.--
            ``(1) In general.--Not later than 180 days after the 
        enactment of the Public Safety and Second Amendment Rights 
        Protection Act of 2013, the Secretary shall review the policies 
        and procedures by which individuals are determined to be 
        mentally incompetent, and shall revise such policies and 
        procedures as necessary to ensure that any individual who is 
        competent to manage his own financial affairs, including his 
        receipt of Federal benefits, but who voluntarily turns over the 
        management thereof to a fiduciary is not considered adjudicated 
        pursuant to subsection (d)(4) or (g)(4) of section 922 of title 
        18.
            ``(2) Report.--Not later than 30 days after the Secretary 
        has made the review and changes required under paragraph (1), 
        the Secretary shall submit to Congress a report detailing the 
        results of the review and any resulting policy and procedural 
        changes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by adding at the end the following 
new item:

``5511. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent for certain 
                            purposes.''.
    (c) Applicability.--Section 5511 of title 38, United States Code 
(as added by this section), shall apply only with respect to persons 
who are determined by the Secretary of Veterans Affairs, on or after 
the date of the enactment of this Act, to be mentally incompetent, 
except that those persons who are provided notice pursuant to section 
5511(e) of such title shall be entitled to use the administrative 
review under section 5511(c) of such title and, as necessary, the 
subsequent judicial review under section 5511(d) of such title.

SEC. 106. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922 note), is 
amended by adding at the end the following:
                    ``(F) Application to federal courts.--In this 
                subsection--
                            ``(i) the terms `department or agency of 
                        the United States' and `Federal department or 
                        agency' include a Federal court; and
                            ``(ii) for purposes of any request, 
                        submission, or notification, the Director of 
                        the Administrative Office of the United States 
                        Courts shall perform the functions of the head 
                        of the department or agency.''.

SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE 
              NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT 
              PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND 
              ACCOUNTABILITY ACT.

    Information collected under section 102(c)(3) of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the 
Attorney General in enforcing section 922(g)(4) of title 18, United 
States Code, shall not be subject to the regulations promulgated under 
section 264(c) of the Health Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d-2 note).

SEC. 108. PUBLICATION OF NICS INDEX STATISTICS.

    Not later than 180 days after the date of enactment of this Act, 
and biannually thereafter, the Attorney General shall make the National 
Instant Criminal Background Check System index statistics available on 
a publically accessible Internet website.

SEC. 109. EFFECTIVE DATE.

    The amendments made by this title shall take effect 180 days after 
the date of enactment of this Act.

   TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK 
                                PROCESS

SEC. 201. PURPOSE.

    The purpose of this title is to enhance the current background 
check process in the United States to ensure criminals and the mentally 
ill are not able to purchase firearms.

SEC. 202. FIREARMS TRANSFERS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by repealing subsection (s);
            (2) by redesignating subsection (t) as subsection (s);
            (3) in subsection (s), as redesignated--
                    (A) in paragraph (1)(B)--
                            (i) in clause (i), by striking ``or'';
                            (ii) in clause (ii), by striking ``and'' at 
                        the end; and
                            (iii) by adding at the end the following:
            ``(iii) in the case of an instant background check 
        conducted at a gun show or event during the 4-year period 
        beginning on the effective date under section 210(a) of the 
        Public Safety and Second Amendment Rights Protection Act of 
        2013, 48 hours have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that the 
        receipt of a firearm by such other person would violate 
        subsection (g) or (n) of this section; or
            ``(iv) in the case of an instant background check conducted 
        at a gun show or event after the 4-year period described in 
        clause (iii), 24 hours have elapsed since the licensee 
        contacted the system, and the system has not notified the 
        licensee that the receipt of a firearm by such other person 
        would violate subsection (g) or (n) of this section; and'';
                    (B) in paragraph (3)(C)(ii), by striking ``(as 
                defined in subsection (s)(8))''; and
                    (C) by adding at the end the following:
            ``(7) In this subsection--
                    ``(A) the term `chief law enforcement officer' 
                means the chief of police, the sheriff, or an 
                equivalent officer or the designee of any such 
                individual; and
                    ``(B) the term `gun show or event' has the meaning 
                given the term in subsection (t)(7).
            ``(8) The Federal Bureau of Investigation shall not charge 
        a user fee for a background check conducted pursuant to this 
        subsection.
            ``(9) Notwithstanding any other provision of this chapter, 
        upon receiving a request for an instant background check that 
        originates from a gun show or event, the system shall complete 
        the instant background check before completing any pending 
        instant background check that did not originate from a gun show 
        or event.''; and
            (4) by inserting after subsection (s), as redesignated, the 
        following:
    ``(t)(1) Beginning on the date that is 180 days after the date of 
enactment of this subsection and except as provided in paragraph (2), 
it shall be unlawful for any person other than a licensed dealer, 
licensed manufacturer, or licensed importer to complete the transfer of 
a firearm to any other person who is not licensed under this chapter, 
if such transfer occurs--
            ``(A) at a gun show or event, on the curtilage thereof; or
            ``(B) pursuant to an advertisement, posting, display or 
        other listing on the Internet or in a publication by the 
        transferor of his intent to transfer, or the transferee of his 
        intent to acquire, the firearm.
    ``(2) Paragraph (1) shall not apply if--
            ``(A) the transfer is made after a licensed importer, 
        licensed manufacturer, or licensed dealer has first taken 
        possession of the firearm for the purpose of complying with 
        subsection (s), and upon taking possession of the firearm, the 
        licensee--
                    ``(i) complies with all requirements of this 
                chapter as if the licensee were transferring the 
                firearm from the licensee's business inventory to the 
                unlicensed transferee, except that when processing a 
                transfer under this chapter the licensee may accept in 
                lieu of conducting a background check a valid permit 
                issued within the previous 5 years by a State, or a 
                political subdivision of a State, that allows the 
                transferee to possess, acquire, or carry a firearm, if 
                the law of the State, or political subdivision of a 
                State, that issued the permit requires that such permit 
                is issued only after an authorized government official 
                has verified that the information available to such 
                official does not indicate that possession of a firearm 
                by the unlicensed transferee would be in violation of 
                Federal, State, or local law;
            ``(B) the transfer is made between an unlicensed transferor 
        and an unlicensed transferee residing in the same State, which 
        takes place in such State, if--
                    ``(i) the Attorney General certifies that State in 
                which the transfer takes place has in effect 
                requirements under law that are generally equivalent to 
                the requirements of this section; and
                    ``(ii) the transfer was conducted in compliance 
                with the laws of the State;
            ``(C) the transfer is made between spouses, between parents 
        or spouses of parents and their children or spouses of their 
        children, between siblings or spouses of siblings, or between 
        grandparents or spouses of grandparents and their grandchildren 
        or spouses of their grandchildren, or between aunts or uncles 
        or their spouses and their nieces or nephews or their spouses, 
        or between first cousins, if the transferor does not know or 
        have reasonable cause to believe that the transferee is 
        prohibited from receiving or possessing a firearm under 
        Federal, State, or local law; or
            ``(D) the Attorney General has approved the transfer under 
        section 5812 of the Internal Revenue Code of 1986.
    ``(3) A licensed importer, licensed manufacturer, or licensed 
dealer who processes a transfer of a firearm authorized under paragraph 
(2)(A) shall not be subject to a license revocation or license denial 
based solely upon a violation of those paragraphs, or a violation of 
the rules or regulations promulgated under this paragraph, unless the 
licensed importer, licensed manufacturer, or licensed dealer--
            ``(A) knows or has reasonable cause to believe that the 
        information provided for purposes of identifying the 
        transferor, transferee, or the firearm is false;
            ``(B) knows or has reasonable cause to believe that the 
        transferee is prohibited from purchasing, receiving, or 
        possessing a firearm by Federal or State law, or published 
        ordinance; or
            ``(C) knowingly violates any other provision of this 
        chapter, or the rules or regulations promulgated thereunder.
    ``(4)(A) Notwithstanding any other provision of this chapter, 
except for section 923(m), the Attorney General may implement this 
subsection with regulations.
    ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (2)(A).
    ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks or firearms transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision placing a cap on the fee licensees may charge to 
facilitate transfers in accordance with paragraph (2)(A).
    ``(5)(A) A person other than a licensed importer, licensed 
manufacturer, or licensed dealer, who makes a transfer of a firearm in 
accordance with this section, or who is the organizer of a gun show or 
event at which such transfer occurs, shall be immune from a qualified 
civil liability action relating to the transfer of the firearm as if 
the person were a seller of a qualified product.
    ``(B) A provider of an interactive computer service shall be immune 
from a qualified civil liability action relating to the transfer of a 
firearm as if the provider of an interactive computer service were a 
seller of a qualified product.
    ``(C) In this paragraph--
            ``(i) the term `interactive computer service' shall have 
        the meaning given the term in section 230(f) of the 
        Communications Act of 1934 (47 U.S.C. 230(f)); and
            ``(ii) the terms `qualified civil liability action', 
        `qualified product', and `seller' shall have the meanings given 
        the terms in section 4 of the Protection of Lawful Commerce in 
        Arms Act (15 U.S.C. 7903).
    ``(D) Nothing in this paragraph shall be construed to affect the 
immunity of a provider of an interactive computer service under section 
230 of the Communications Act of 1934 (47 U.S.C. 230).
    ``(6) In any civil liability action in any State or Federal court 
arising from the criminal or unlawful use of a firearm following a 
transfer of such firearm for which no background check was required 
under this section, this section shall not be construed--
            ``(A) as creating a cause of action for any civil 
        liability; or
            ``(B) as establishing any standard of care.
    ``(7) For purposes of this subsection, the term `gun show or 
event'--
            ``(A) means any event at which 75 or more firearms are 
        offered or exhibited for sale, exchange, or transfer, if 1 or 
        more of the firearms has been shipped or transported in, or 
        otherwise affects, interstate or foreign commerce; and
            ``(B) does not include an offer or exhibit of firearms for 
        sale, exchange, or transfer by an individual from the personal 
        collection of that individual, at the private residence of that 
        individual, if the individual is not required to be licensed 
        under section 923.''.
    (b) Prohibiting the Seizure of Records or Documents.--Section 
923(g)(1)(D) is amended by striking, ``The inspection and examination 
authorized by this paragraph shall not be construed as authorizing the 
Attorney General to seize any records or other documents other than 
those records or documents constituting material evidence of a 
violation of law,'' and inserting the following: ``The Attorney General 
shall be prohibited from seizing any records or other documents in the 
course of an inspection or examination authorized by this paragraph 
other than those records or documents constituting material evidence of 
a violation of law.''.
    (c) Prohibition of National Gun Registry.--Section 923 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(m) The Attorney General may not consolidate or centralize the 
records of the--
            ``(1) acquisition or disposition of firearms, or any 
        portion thereof, maintained by--
                    ``(A) a person with a valid, current license under 
                this chapter;
                    ``(B) an unlicensed transferor under section 
                922(t); or
            ``(2) possession or ownership of a firearm, maintained by 
        any medical or health insurance entity.''.
    (d) Technical and Conforming Amendments.--
            (1) Section 922.--Section 922(y)(2) of title 18, United 
        States Code, is amended, in the matter preceding subparagraph 
        (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
        inserting ``and (g)(5)(B)''.
            (2) Consolidated and further continuing appropriations act, 
        2012.--Section 511 of title V of division B of the Consolidated 
        and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 
        note) is amended by striking ``subsection 922(t)'' and 
        inserting ``subsection (s) or (t) of section 922'' each place 
        it appears.

SEC. 203. PENALTIES.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(8) Whoever makes or attempts to make a transfer of a firearm in 
violation of section 922(t) to a person not licensed under this chapter 
who is prohibited from receiving a firearm under subsection (g) or (n) 
of section 922 or State law, to a law enforcement officer, or to a 
person acting at the direction of, or with the approval of, a law 
enforcement officer authorized to investigate or prosecute violations 
of section 922(t), shall be fined under this title, imprisoned not more 
than 5 years, or both.''; and
            (2) by adding at the end the following:
    ``(q) Improper Use of Storage of Records.--Any person who knowingly 
violates section 923(m) shall be fined under this title, imprisoned not 
more than 15 years, or both.''.

SEC. 204. FIREARMS DISPOSITIONS.

    Section 922(b)(3) of title 18, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``located'' and inserting ``located or temporarily located''; 
        and
            (2) in subparagraph (A)--
                    (A) by striking ``rifle or shotgun'' and inserting 
                ``firearm'';
                    (B) by striking ``located'' and inserting ``located 
                or temporarily located''; and
                    (C) by striking ``both such States'' and inserting 
                ``the State in which the transfer is conducted and the 
                State of residence of the transferee''.

SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCEMENT INFORMATION.

    Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note), is 
amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following:
            ``(2) Voluntary background checks.--Not later than 90 days 
        after the date of enactment of the Public Safety and Second 
        Amendment Rights Protection Act of 2013, the Attorney General 
        shall promulgate regulations allowing licensees to use the 
        National Instant Criminal Background Check System established 
        under this section for purposes of conducting voluntary 
        preemployment background checks on prospective employees.''.

SEC. 206. DEALER LOCATION.

    Section 923 of title 18, United States Code, is amended--
            (1) in subsection (j)--
                    (A) in the first sentence, by striking ``, and such 
                location is in the State which is specified on the 
                license''; and
                    (B) in the last sentence--
                            (i) by inserting ``transfer,'' after 
                        ``sell,''; and
                            (ii) by striking ``Act,'' and all that 
                        follows and inserting ``Act.''; and
            (2) by adding after subsection (m), as added by section 
        202(c), the following:
    ``(n) Nothing in this chapter shall be construed to prohibit the 
sale, transfer, delivery, or other disposition of a firearm or 
ammunition not otherwise prohibited under this chapter--
            ``(1) by a person licensed under this chapter to another 
        person so licensed, at any location in any State; or
            ``(2) by a licensed importer, licensed manufacturer, or 
        licensed dealer to a person not licensed under this chapter, at 
        a temporary location described in subsection (j) in any 
        State.''.

SEC. 207. RESIDENCE OF UNITED STATES OFFICERS.

    Section 921 of title 18, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) For purposes of this chapter:
            ``(1) A member of the Armed Forces on active duty, or a 
        spouse of such a member, is a resident of--
                    ``(A) the State in which the member or spouse 
                maintains legal residence;
                    ``(B) the State in which the permanent duty station 
                of the member is located; and
                    ``(C) the State in which the member maintains a 
                place of abode from which the member commutes each day 
                to the permanent duty station of the member.
            ``(2) An officer or employee of the United States (other 
        than a member of the Armed Forces) who is stationed outside the 
        United States for a period of more than 1 year, and a spouse of 
        such an officer or employee, is a resident of the State in 
        which the person maintains legal residence.''.

SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 926A of title 18, United States Code, is 
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Definition.--In this section, the term `transport'--
            ``(1) includes staying in temporary lodging overnight, 
        stopping for food, fuel, vehicle maintenance, an emergency, 
        medical treatment, and any other activity incidental to the 
        transport; and
            ``(2) does not include transportation--
                    ``(A) with the intent to commit a crime punishable 
                by imprisonment for a term exceeding 1 year that 
                involves a firearm; or
                    ``(B) with knowledge, or reasonable cause to 
                believe, that a crime described in subparagraph (A) is 
                to be committed in the course of, or arising from, the 
                transportation.
    ``(b) Authorization.--Notwithstanding any provision of any law 
(including a rule or regulation) of a State or any political 
subdivision thereof, a person who is not prohibited by this chapter 
from possessing, transporting, shipping, or receiving a firearm or 
ammunition shall be entitled to--
            ``(1) transport a firearm for any lawful purpose from any 
        place where the person may lawfully possess, carry, or 
        transport the firearm to any other such place if, during the 
        transportation--
                    ``(A) the firearm is unloaded; and
                    ``(B)(i) if the transportation is by motor 
                vehicle--
                            ``(I) the firearm is not directly 
                        accessible from the passenger compartment of 
                        the motor vehicle; or
                            ``(II) if the motor vehicle is without a 
                        compartment separate from the passenger 
                        compartment, the firearm is--
                                    ``(aa) in a locked container other 
                                than the glove compartment or console; 
                                or
                                    ``(bb) secured by a secure gun 
                                storage or safety device; or
                    ``(ii) if the transportation is by other means, the 
                firearm is in a locked container or secured by a secure 
                gun storage or safety device; and
            ``(2) transport ammunition for any lawful purpose from any 
        place where the person may lawfully possess, carry, or 
        transport the ammunition, to any other such place if, during 
        the transportation--
                    ``(A) the ammunition is not loaded into a firearm; 
                and
                    ``(B)(i) if the transportation is by motor 
                vehicle--
                            ``(I) the ammunition is not directly 
                        accessible from the passenger compartment of 
                        the motor vehicle; or
                            ``(II) if the motor vehicle is without a 
                        compartment separate from the passenger 
                        compartment, the ammunition is in a locked 
                        container other than the glove compartment or 
                        console; or
                    ``(ii) if the transportation is by other means, the 
                ammunition is in a locked container.
    ``(c) Limitation on Arrest Authority.--A person who is transporting 
a firearm or ammunition may not be--
            ``(1) arrested for violation of any law or any rule or 
        regulation of a State, or any political subdivision thereof, 
        relating to the possession, transportation, or carrying of 
        firearms or ammunition, unless there is probable cause that the 
        transportation is not in accordance with subsection (b); or
            ``(2) detained for violation of any law or any rule or 
        regulation of a State, or any political subdivision thereof, 
        relating to the possession, transportation, or carrying of 
        firearms or ammunition, unless there is reasonable suspicion 
        that the transportation is not in accordance with subsection 
        (b).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by striking the 
item relating to section 926A and inserting the following:

``926A. Interstate transportation of firearms or ammunition.''.

SEC. 209. RULE OF CONSTRUCTION.

    Nothing in this title, or an amendment made by this title, shall be 
construed--
            (1) to extend background check requirements to transfers 
        other than those made at gun shows or on the curtilage thereof, 
        or pursuant to an advertisement, posting, display, or other 
        listing on the Internet or in a publication by the transferor 
        of the intent of the transferor to transfer, or the transferee 
        of the intent of the transferee to acquire, the firearm; or
            (2) to extend background check requirements to temporary 
        transfers for purposes including lawful hunting or sporting or 
        to temporary possession of a firearm for purposes of 
        examination or evaluation by a prospective transferee.

SEC. 210. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect 180 days after 
the date of enactment of this Act.
    (b) Firearm Dealer Access to Law Enforcement Information.--Section 
205 and the amendments made by section 205 shall take effect on the 
date of enactment of this Act.

            TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``National Commission on Mass 
Violence Act of 2013''.

SEC. 302. NATIONAL COMMISSION ON MASS VIOLENCE.

    (a) Establishment of Commission.--There is established a commission 
to be known as the National Commission on Mass Violence (in this title 
referred to as the ``Commission'') to study the availability and nature 
of firearms, including the means of acquiring firearms, issues relating 
to mental health, and all positive and negative impacts of the 
availability and nature of firearms on incidents of mass violence or in 
preventing mass violence.
    (b) Membership.--
            (1) Appointments.--The Commission shall be composed of 12 
        members, of whom--
                    (A) 6 members of the Commission shall be appointed 
                by the Majority Leader of the Senate, in consultation 
                with the Democratic leadership of the House of 
                Representatives, 1 of whom shall serve as Chairman of 
                the Commission; and
                    (B) 6 members of the Commission shall be appointed 
                by the Speaker of the House of Representatives, in 
                consultation with the Republican leadership of the 
                Senate, 1 of whom shall serve as Vice Chairman of the 
                Commission.
            (2) Persons eligible.--
                    (A) In general.--The members appointed to the 
                Commission shall include--
                            (i) well-known and respected individuals 
                        among their peers in their respective fields of 
                        expertise; and
                            (ii) not less than 1 non-elected individual 
                        from each of the following categories, who has 
                        expertise in the category, by both experience 
                        and training:
                                    (I) Firearms.
                                    (II) Mental health.
                                    (III) School safety.
                                    (IV) Mass media.
                    (B) Experts.--In identifying the individuals to 
                serve on the Commission, the appointing authorities 
                shall take special care to identify experts in the 
                fields described in section 303(a)(2).
                    (C) Party affiliation.--Not more than 6 members of 
                the Commission shall be from the same political party.
            (3) Completion of appointments; vacancies.--Not later than 
        30 days after the date of enactment of this Act, the appointing 
        authorities under paragraph (1) shall each make their 
        respective appointments. Any vacancy that occurs during the 
        life of the Commission shall not affect the powers of the 
        Commission, and shall be filled in the same manner as the 
        original appointment not later than 30 days after the vacancy 
        occurs.
            (4) Operation of the commission.--
                    (A) Meetings.--
                            (i) In general.--The Commission shall meet 
                        at the call of the Chairman.
                            (ii) Initial meeting.--The initial meeting 
                        of the Commission shall be conducted not later 
                        than 30 days after the later of--
                                    (I) the date of the appointment of 
                                the last member of the Commission; or
                                    (II) the date on which appropriated 
                                funds are available for the Commission.
                    (B) Quorum; vacancies; voting; rules.--A majority 
                of the members of the Commission shall constitute a 
                quorum to conduct business, but the Commission may 
                establish a lesser quorum for conducting hearings 
                scheduled by the Commission. Each member of the 
                Commission shall have 1 vote, and the vote of each 
                member shall be accorded the same weight. The 
                Commission may establish by majority vote any other 
                rules for the conduct of the Commission's business, if 
                such rules are not inconsistent with this title or 
                other applicable law.

SEC. 303. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive factual study of incidents of mass 
        violence, including incidents of mass violence not involving 
        firearms, in the context of the many acts of senseless mass 
        violence that occur in the United States each year, in order to 
        determine the root causes of such mass violence.
            (2) Matters to be studied.--In determining the root causes 
        of these recurring and tragic acts of mass violence, the 
        Commission shall study any matter that the Commission 
        determines relevant to meeting the requirements of paragraph 
        (1), including at a minimum--
                    (A) the role of schools, including the level of 
                involvement and awareness of teachers and school 
                administrators in the lives of their students and the 
                availability of mental health and other resources and 
                strategies to help detect and counter tendencies of 
                students towards mass violence;
                    (B) the effectiveness of and resources available 
                for school security strategies to prevent incidents of 
                mass violence;
                    (C) the role of families and the availability of 
                mental health and other resources and strategies to 
                help families detect and counter tendencies toward mass 
                violence;
                    (D) the effectiveness and use of, and resources 
                available to, the mental health system in 
                understanding, detecting, and countering tendencies 
                toward mass violence, as well as the effects of 
                treatments and therapies;
                    (E) whether medical doctors and other mental health 
                professionals have the ability, without negative legal 
                or professional consequences, to notify law enforcement 
                officials when a patient is a danger to himself or 
                others;
                    (F) the nature and impact of the alienation of the 
                perpetrators of such incidents of mass violence from 
                their schools, families, peer groups, and places of 
                work;
                    (G) the role that domestic violence plays in 
                causing incidents of mass violence;
                    (H) the effect of depictions of mass violence in 
                the media, and any impact of such depictions on 
                incidents of mass violence;
                    (I) the availability and nature of firearms, 
                including the means of acquiring such firearms, and all 
                positive and negative impacts of such availability and 
                nature on incidents of mass violence or in preventing 
                mass violence;
                    (J) the role of current prosecution rates in 
                contributing to the availability of weapons that are 
                used in mass violence;
                    (K) the availability of information regarding the 
                construction of weapons, including explosive devices, 
                and any impact of such information on such incidents of 
                mass violence;
                    (L) the views of law enforcement officials, 
                religious leaders, mental health experts, and other 
                relevant officials on the root causes and prevention of 
                mass violence;
                    (M) incidents in which firearms were used to stop 
                mass violence; and
                    (N) any other area that the Commission determines 
                contributes to the causes of mass violence.
            (3) Testimony of victims and survivors.--In determining the 
        root causes of these recurring and tragic incidents of mass 
        violence, the Commission shall, in accordance with section 
        304(a), take the testimony of victims and survivors to learn 
        and memorialize their views and experiences regarding such 
        incidents of mass violence.
    (b) Recommendations.--Based on the findings of the study required 
under subsection (a), the Commission shall make recommendations to the 
President and Congress to address the causes of these recurring and 
tragic incidents of mass violence and to reduce such incidents of mass 
violence.
    (c) Reports.--
            (1) Interim report.--Not later than 3 months after the date 
        on which the Commission first meets, the Commission shall 
        submit to the President and Congress an interim report 
        describing any initial recommendations of the Commission.
            (2) Final report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission shall 
        submit to the President and Congress a comprehensive report of 
        the findings and conclusions of the Commission, together with 
        the recommendations of the Commission.
            (3) Summaries.--The report under paragraph (2) shall 
        include a summary of--
                    (A) the reports submitted to the Commission by any 
                entity under contract for research under section 
                304(e); and
                    (B) any other material relied on by the Commission 
                in the preparation of the report.

SEC. 304. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 143.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal agency such information as the Commission 
considers necessary to carry out its duties under section 143. Upon the 
request of the Commission, the head of such agency may furnish such 
information to the Commission.
    (c) Information To Be Kept Confidential.--
            (1) In general.--The Commission shall be considered an 
        agency of the Federal Government for purposes of section 1905 
        of title 18, United States Code, and any individual employed by 
        any individual or entity under contract with the Commission 
        under subsection (d) shall be considered an employee of the 
        Commission for the purposes of section 1905 of title 18, United 
        States Code.
            (2) Disclosure.--Information obtained by the Commission or 
        the Attorney General under this title and shared with the 
        Commission, other than information available to the public, 
        shall not be disclosed to any person in any manner, except--
                    (A) to Commission employees or employees of any 
                individual or entity under contract to the Commission 
                under subsection (d) for the purpose of receiving, 
                reviewing, or processing such information;
                    (B) upon court order; or
                    (C) when publicly released by the Commission in an 
                aggregate or summary form that does not directly or 
                indirectly disclose--
                            (i) the identity of any person or business 
                        entity; or
                            (ii) any information which could not be 
                        released under section 1905 of title 18, United 
                        States Code.
    (d) Contracting for Research.--The Commission may enter into 
contracts with any entity for research necessary to carry out the 
duties of the Commission under section 303.

SEC. 305. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional employees as may be necessary to enable the 
        Commission to perform its duties. The employment and 
        termination of an executive director shall be subject to 
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other employees without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        employees may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission and any 
agency of the Federal Government assisting the Commission in carrying 
out its duties under this title such sums as may be necessary to carry 
out the purposes of this title. Any sums appropriated shall remain 
available, without fiscal year limitation, until expended.

SEC. 307. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the Commission submits 
the final report under section 303(c)(2).
                                 <all>