[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Placed on Calendar Senate (PCS)]
Calendar No. 32
113th CONGRESS
1st Session
S. 649
To ensure that all individuals who should be prohibited from buying a
firearm are listed in the national instant criminal background check
system and require a background check for every firearm sale, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2013
Mr. Reid introduced the following bill; which was read the first time
March 22, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To ensure that all individuals who should be prohibited from buying a
firearm are listed in the national instant criminal background check
system and require a background check for every firearm sale, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Communities,
Safe Schools Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FIX GUN CHECKS ACT
Sec. 101. Short title.
Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From
Buying a Gun Are Listed in the National Instant Criminal Background
Check System
Sec. 111. Reauthorization of NICS Act Record Improvement Program
grants.
Sec. 112. Penalties for States that do not make data electronically
available to the National Instant Criminal
Background Check System.
Sec. 113. Clarification that Federal court information is to be made
available to the National Instant Criminal
Background Check System.
Subtitle B--Requiring a Background Check for Every Firearm Sale
Sec. 121. Purpose.
Sec. 122. Firearms transfers.
Sec. 123. Lost and stolen reporting.
Sec. 124. Effective date.
TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT
Sec. 201. Short title.
Sec. 202. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing
and firearms trafficking amendments.
Sec. 203. Amendments to section 922(d).
Sec. 204. Amendments to section 924(a).
Sec. 205. Amendments to section 924(h).
Sec. 206. Amendments to section 924(k).
Sec. 207. Limitation on operations by the Department of Justice.
TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT
Sec. 301. Short title.
Sec. 302. Grant program for school security.
Sec. 303. Applications.
Sec. 304. Authorization of appropriations.
Sec. 305. Accountability.
Sec. 306. CAMPUS Safety Act of 2013.
TITLE I--FIX GUN CHECKS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fix Gun Checks Act of 2013''.
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.
(a) In General.--Section 102(b) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended--
(1) in paragraph (1)(C)--
(A) by striking clauses (ii) and (iii); and
(B) by redesignating clauses (iv), (v), and (vi) as
clauses (ii), (iii), and (iv), respectively; and
(2) by striking paragraph (2) and inserting the following:
``(2) Scope.--
``(A) In general.--The Attorney General, in
determining the compliance of a State under this
section or section 104 for the purpose of granting a
waiver or imposing a loss of Federal funds, shall
assess the total percentage of records provided by the
State concerning any event occurring within the time
period established by the Attorney General under
subparagraph (B), which would disqualify a person from
possessing a firearm under subsection (g) or (n) of
section 922 of title 18, United States Code.
``(B) Regulations.--Not later than 1 year after the
date of enactment of the Fix Gun Checks Act of 2013,
the Attorney General shall, through regulation,
establish the time period described in subparagraph
(A).''.
(b) Implementation Assistance to States.--Section 103 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(1) In general.--From amounts made available to carry out
this section and subject to section 102(b)(1)(B), the Attorney
General shall make grants to States and Indian tribal
governments, in a manner consistent with the National Criminal
History Improvement Program, which shall be used by the States
and Indian tribal governments, in conjunction with units of
local government and State and local courts to--
``(A) establish and plan information and
identification technologies for firearms eligibility
determinations; and
``(B) make improvements or upgrade information and
identification technologies for firearms eligibility
determinations.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Use of Grant Amounts.--
``(1) In general.--Grants awarded to States or Indian
tribes under subsection (a)(1) may only be used to--
``(A) create electronic systems, which provide
accurate and up-to-date information that is directly
related to checks under the National Instant Criminal
Background Check System (referred to in this section as
`NICS'), including court disposition and corrections
records;
``(B) assist States in establishing or enhancing
their own capacities to perform NICS background checks;
``(C) supply accurate and timely information to the
Attorney General concerning final dispositions of
criminal records to databases accessed by NICS;
``(D) supply accurate and timely information to the
Attorney General concerning the identity of persons who
are prohibited from obtaining a firearm under section
922(g)(4) of title 18, United States Code, to be used
by the Federal Bureau of Investigation solely to
conduct NICS background checks;
``(E) supply accurate and timely court orders and
records of misdemeanor crimes of domestic violence for
inclusion in Federal and State law enforcement
databases used to conduct NICS background checks; and
``(F) collect and analyze data needed to
demonstrate levels of State compliance with this Act.
``(2) Additional uses.--
``(A) In general.--In addition to the uses
described in paragraph (1)--
``(i) a grant awarded under subsection
(a)(1)(A) may be used to assist States in
establishing or enhancing a relief from
disabilities program in accordance with section
105; and
``(ii) a grant awarded under subsection
(a)(1)(B) may be used to maintain the relief
from disabilities program in accordance with
section 105.
``(B) Limitation.--Not less than 3 percent and not
more than 10 percent of each grant awarded under
subsection (a)(1)(B) shall be used for the purpose
described in subparagraph (A)(i) of this paragraph.
``(c) Eligibility.--To be eligible for a grant under section
103(a)(1)(B), a State shall certify, to the satisfaction of the
Attorney General, that the State has implemented a relief from
disabilities program in accordance with section 105.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There are to be authorized to be
appropriated to carry out this section $100,000,000 for each of
fiscal years 2014 through 2018.
``(2) Limitations.--
``(A) Use of amounts authorized.--Of the amounts
authorized to be appropriated for each fiscal year
under paragraph (1), not more than 30 percent may be
used to carry out subsection (a)(1)(B).
``(B) Allocations.--A State may not be awarded more
than 2 grants under subsection (a)(1)(B).''.
SEC. 112. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) In General.--Section 104(b) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) Discretionary reduction.--
``(A) During the 2-year period beginning on the
date on which the Attorney General publishes final
rules required under section 102(b)(2)(B), the Attorney
General may withhold not more than 3 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
provides less than 50 percent of the records required
to be provided under sections 102 and 103.
``(B) During the 3-year period after the expiration
of the period described in subparagraph (A), the
Attorney General may withhold 4 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
provides less than 70 percent of the records required
to be provided under sections 102 and 103.
``(2) Mandatory reduction.--After the expiration of the
period referred to in paragraph (1)(B), the Attorney General
shall withhold 5 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 provides less than 90 percent of the records required to
be provided under sections 102 and 103.''.
(b) Reporting of State Compliance.--Not later than 1 year after the
date of enactment of this Act, and every year thereafter, the Attorney
General shall publish, and make available on a publicly accessible
website, a report that ranks the States by the ratio of number of
records submitted by each State under sections 102 and 103 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the
estimated total number of available records of the State.
SEC. 113. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note), is amended by adding at the end the following:
``(F) Application to federal courts.--In this
paragraph--
``(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.''.
Subtitle B--Requiring a Background Check for Every Firearm Sale
SEC. 121. PURPOSE.
The purpose of this subtitle is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 122. 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 (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, 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
(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 the Fix Gun Checks Act of 2013, it shall be unlawful for
any person who is not licensed under this chapter to transfer a firearm
to any other person who is not licensed under this chapter, unless a
licensed importer, licensed manufacturer, or licensed dealer has first
taken possession of the firearm for the purpose of complying with
subsection (s). Upon taking possession of the firearm, the licensee
shall comply with all requirements of this chapter as if the licensee
were transferring the firearm from the licensee's inventory to the
unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) bona fide gifts between spouses, between parents and
their children, between siblings, or between grandparents and
their grandchildren;
``(B) a transfer made from a decedent's estate, pursuant to
a legal will or the operation of law;
``(C) a temporary transfer of possession that occurs
between an unlicensed transferor and an unlicensed transferee,
if--
``(i) the temporary transfer of possession occurs
in the home or curtilage of the unlicensed transferor;
``(ii) the firearm is not removed from that home or
curtilage during the temporary transfer; and
``(iii) the transfer has a duration of less than 7
days; and
``(D) a temporary transfer of possession without transfer
of title made in connection with lawful hunting or sporting
purposes if the transfer occurs--
``(i) at a shooting range located in or on premises
owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster
proficiency in firearms and the firearm is, at all
times, kept within the premises of the shooting range;
``(ii) at a target firearm shooting competition
under the auspices of or approved by a State agency or
nonprofit organization and the firearm is, at all
times, kept within the premises of the shooting
competition; or
``(iii) while hunting or trapping, if--
``(I) the activity is legal in all places
where the unlicensed transferee possesses the
firearm;
``(II) the temporary transfer of possession
occurs during the designated hunting season;
and
``(III) the unlicensed transferee holds any
required license or permit.
``(3) For purposes of this subsection, the term `transfer'--
``(A) shall include a sale, gift, loan, return from pawn or
consignment, or other disposition; and
``(B) shall not include temporary possession of the firearm
for purposes of examination or evaluation by a prospective
transferee while in the presence of the prospective transferee.
``(4)(A) Notwithstanding any other provision of this chapter, the
Attorney General may implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph--
``(i) shall include a provision setting a maximum fee that
may be charged by licensees for services provided in accordance
with paragraph (1); and
``(ii) shall include a provision requiring a record of
transaction of any transfer that occurred between an unlicensed
transferor and unlicensed transferee accordance with paragraph
(1).''.
(b) 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) Section 925a.--Section 925A of title 18, United States
Code, is amended, in the matter preceding paragraph (1), by
striking ``subsection (s) or (t) of section 922'' and inserting
``section 922(s)''.
(3) NICS improvement amendments act.--Section 103(f) of the
NICS Improvement Amendments Act of 2007 is amended by striking
``section 922(t)'' and inserting ``section 922(s)''.
(4) 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 ``section 922(s)'' each place it appears.
SEC. 123. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end--
``(aa) It shall be unlawful for any person who lawfully possesses
or owns a firearm that has been shipped or transported in, or has been
possessed in or affecting, interstate or foreign commerce, to fail to
report the theft or loss of the firearm, within 24 hours after the
person discovers the theft or loss, to the Attorney General and to the
appropriate local authorities.''.
(b) Penalty.--Section 924(a)(1) of title 18, United States Code, is
amended by striking subparagraph (B) and inserting the following:
``(B) knowingly violates subsection (a)(4), (f), (k), (q),
or (aa) of section 922;''.
SEC. 124. EFFECTIVE DATE.
The amendments made by this title shall take effect 180 days after
the date of enactment of this Act.
TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Stop Illegal Trafficking in
Firearms Act of 2013''.
SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING
AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `purchase' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the
payment or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, licensed collector, or licensed
dealer) to knowingly purchase, or attempt or conspire to purchase, any
firearm in or otherwise affecting interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or at
the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause to
believe that such other person--
``(A) is under indictment for, or has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the
United States; or
``(ii) except as provided in section
922(y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26));
``(F) has been discharged from the Armed Forces
under dishonorable conditions;
``(G) having been a citizen of the United States,
has renounced his or her citizenship;
``(H) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this subparagraph shall only apply
to a court order that--
``(i) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(ii)(I) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(II) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(I) has been convicted in any court of a
misdemeanor crime of domestic violence;
``(J) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm or ammunition
in furtherance of a crime of violence or drug
trafficking crime; or
``(ii) export the firearm or ammunition in
violation of law;
``(K)(i) does not reside in any State; and
``(ii) is not a citizen of the United States; or
``(L) intends to sell or otherwise dispose of the
firearm or ammunition to a person described in any of
subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who
violates subsection (b) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (b) is committed knowing or with
reasonable cause to believe that any firearm involved will be used to
commit a crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Subsection (b)(1) shall not apply to any firearm that is
lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, receiving, selling, shipping, transporting,
transferring, or otherwise disposing of the firearm; or
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, purchasing, receiving, selling, shipping,
transporting, transferring, or otherwise disposing of the
firearm.
``Sec. 933. Trafficking in firearms
``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of 2 or more firearms to another person in
or otherwise affecting interstate or foreign commerce, if the
transferor knows or has reasonable cause to believe that the
use, carrying, or possession of a firearm by the transferee
would be in violation of, or would result in a violation of,
any Federal law punishable by a term of imprisonment exceeding
1 year;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of, or would result in a
violation of, any Federal law punishable by a term of
imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person who
violates subsection (a) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (a) is committed by a person in
concert with 5 or more other persons with respect to whom such person
occupies a position of organizer, leader, supervisor, or manager, the
person shall be sentenced to a term of imprisonment of not more than 25
years.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933
shall forfeit to the United States, irrespective of any provision of
State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a person convicted of a
violation of section 932 or 933, shall order, in addition to any other
sentence imposed pursuant to section 932 or 933, that the person
forfeit to the United States all property described in paragraph (1).
``(b) A defendant who derives profits or other proceeds from an
offense under section 932 or 933 may be fined not more than the greater
of--
``(1) the fine otherwise authorized by this part; and
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``and 924'' and inserting
``, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--Pursuant to its authority
under section 994 of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United
States Code, and other offenses applicable to the straw purchases and
firearms trafficking of firearms are subject to increased penalties in
comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses.
The Commission shall also review and amend its guidelines and policy
statements to reflect the intent of Congress that a person convicted of
an offense under section 932 or 933 of title 18, United States Code,
who is affiliated with a gang, cartel, organized crime ring, or other
such enterprise should be subject to higher penalties than an otherwise
unaffiliated individual.
(f) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 203. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a crime of violence or drug
trafficking offense or to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 204. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section
922 shall be fined under this title, imprisoned not more than 15 years,
or both.''.
SEC. 205. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a crime of violence (as defined in subsection (c)(3)), a
drug trafficking crime (as defined in subsection (c)(2)), or a crime
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.),
or section 212(a)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined
in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 206. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote
conduct that--
``(A) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct
that--
``(A) would be punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) for which the person may be prosecuted in a
court of the United States, if the conduct had occurred within
the United States,
smuggles or knowingly takes out of the United States a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.''.
SEC. 207. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.
The Department of Justice, and any of its law enforcement
coordinate agencies, shall not conduct any operation where a Federal
firearms licensee is directed, instructed, enticed, or otherwise
encouraged by the Department of Justice to sell a firearm to an
individual if the Department of Justice, or a coordinate agency, knows
or has reasonable cause to believe that such an individual is
purchasing on behalf of another for an illegal purpose unless the
Attorney General, the Deputy Attorney General, or the Assistant
Attorney General for the Criminal Division personally reviews and
approves the operation, in writing, and determines that the agency has
prepared an operational plan that includes sufficient safeguards to
prevent firearms from being transferred to third parties without law
enforcement taking reasonable steps to lawfully interdict those
firearms.
TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``School and Campus Safety
Enhancements Act of 2013''.
SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY.
Section 2701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Placement'' and inserting
``Installation''; and
(ii) by inserting ``surveillance
equipment,'' after ``detectors,'';
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5) Establishment of hotlines or tiplines for the
reporting of potentially dangerous students and situations.'';
and
(2) by adding at the end the following:
``(g) Interagency Task Force.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of the School and Campus Safety Enhancements Act
of 2013, the Director and the Secretary of Education, or the
designee of the Secretary, shall establish an interagency task
force to develop and promulgate a set of advisory school safety
guidelines.
``(2) Publication of guidelines.--Not later than 1 year
after the date of enactment of the School and Campus Safety
Enhancements Act of 2013, the advisory school safety guidelines
promulgated by the interagency task force shall be published in
the Federal Register.
``(3) Required consultation.--In developing the final
advisory school safety guidelines under this subsection, the
interagency task force shall consult with stakeholders and
interested parties, including parents, teachers, and
agencies.''.
SEC. 303. APPLICATIONS.
Section 2702(a)(2) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as
follows:
``(2) be accompanied by a report--
``(A) signed by the heads of each law enforcement
agency and school district with jurisdiction over the
schools where the safety improvements will be
implemented; and
``(B) demonstrating that each proposed use of the
grant funds will be--
``(i) an effective means for improving the
safety of 1 or more schools;
``(ii) consistent with a comprehensive
approach to preventing school violence; and
``(iii) individualized to the needs of each
school at which those improvements are to be
made.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 2705 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797e) is amended--
(1) by striking ``$30,000,000'' and inserting
``$40,000,000''; and
(2) by striking ``2001 through 2009'' and inserting ``2014
through 2023''.
SEC. 305. ACCOUNTABILITY.
Section 2701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797a), as amended by section 302, is
amended by adding at the end the following:
``(h) Accountability.--All grants awarded by the Attorney General
under this part shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this part
to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this part that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
part, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant
funds under this part during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this part to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this part and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
part may be used by the Attorney General, or by any
individual or entity awarded discretionary funds
through a cooperative agreement under this part, to
host or support any expenditure for conferences that
uses more than $20,000 in funds made available by the
Department of Justice, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General
may designate, provides prior written authorization
that the funds may be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.''.
SEC. 306. CAMPUS SAFETY ACT OF 2013.
(a) Short Title.--This section may be cited as the ``Center to
Advance, Monitor, and Preserve University Security Safety Act of 2013''
or the ``CAMPUS Safety Act of 2013''.
(b) National Center for Campus Public Safety.--Subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3750 et seq.) is amended--
(1) in section 501 (42 U.S.C. 3751)--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or purposes'' after ``one
or more of the following programs''; and
(ii) by adding at the end the following:
``(H) Making subawards to institutions of higher
education and other nonprofit organizations to assist
the National Center for Campus Public Safety in
carrying out the functions of the Center required under
section 509(c).''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``or'' at
the end;
(ii) in paragraph (2), by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) institutions of higher education and other nonprofit
organizations, for purposes of carrying out section 509.''; and
(2) by adding at the end the following:
``SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(b) Authority To Establish and Operate Center.--The Attorney
General may establish and operate a National Center for Campus Public
Safety (referred to in this section as the `Center').
``(c) Functions of the Center.--The Center shall--
``(1) provide quality education and training for public
safety personnel of institutions of higher education and their
collaborative partners, including campus mental health
agencies;
``(2) foster quality research to strengthen the safety and
security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and
dissemination of information, policies, protocols, procedures,
and best practices relevant to campus public safety, including
off-campus housing safety, the prevention of violence against
persons and property, and emergency response and evacuation
procedures;
``(4) coordinate with the Secretary of Homeland Security,
the Secretary of Education, State, local and tribal governments
and law enforcement agencies, private and nonprofit
organizations and associations, and other stakeholders, to
develop protocols and best practices to prevent, protect
against and respond to dangerous and violent situations
involving an immediate threat to the safety of the campus
community;
``(5) promote the development and dissemination of
effective behavioral threat assessment and management models to
prevent campus violence;
``(6) identify campus safety information (including ways to
increase off-campus housing safety) and identify resources
available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local,
and tribal governments and law enforcement agencies, and
private and nonprofit organizations and associations;
``(7) promote cooperation, collaboration, and consistency
in prevention, response, and problem-solving methods among
public safety and emergency management personnel of
institutions of higher education and their campus- and non-
campus-based collaborative partners, including law enforcement,
emergency management, mental health services, and other
relevant agencies;
``(8) disseminate standardized formats and models for
mutual aid agreements and memoranda of understanding between
campus security agencies and other public safety organizations
and mental health agencies; and
``(9) report annually to Congress on activities performed
by the Center during the previous 12 months.
``(d) Coordination With Available Resources.--In establishing the
Center, the Attorney General shall--
``(1) coordinate with the Secretary of Homeland Security,
the Secretary of Education, and appropriate State or territory
officials;
``(2) ensure coordination with campus public safety
resources within the Department of Homeland Security, including
within the Federal Emergency Management Agency, and the
Department of Education; and
``(3) coordinate within the Department of Justice and
existing grant programs to ensure against duplication with the
program authorized by this section.
``(e) Reporting and Accountability.--At the end of each fiscal
year, the Attorney General shall--
``(1) issue a report that assesses the impacts, outcomes
and effectiveness of the grants distributed to carry out this
section;
``(2) in compiling such report, assess instances of
duplicative activity, if any, performed through grants
distributed to carry out this section and other grant programs
maintained by the Department of Justice, the Department of
Education, and the Department of Homeland Security; and
``(3) make such report available on the Department of
Justice website and submit such report to the Senate and House
Judiciary Committees and the Senate and House Appropriations
Committees.''.
(c) Rule of Construction.--Nothing in this section shall preclude
public elementary and secondary schools or their larger governing
agencies from receiving the informational and training benefits of the
National Center for Campus Public Safety authorized under section 509
of the Omnibus Crime Control and Safe Streets Act of 1968, as added by
this title.
Calendar No. 32
113th CONGRESS
1st Session
S. 649
_______________________________________________________________________
A BILL
To ensure that all individuals who should be prohibited from buying a
firearm are listed in the national instant criminal background check
system and require a background check for every firearm sale, and for
other purposes.
_______________________________________________________________________
March 22, 2013
Read the second time and placed on the calendar