[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