[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4104 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4104

  To address gun violence, improve the availability of records to the 
   National Instant Criminal Background Check System, address mental 
    illness in the criminal justice system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2024

  Mr. Grassley (for himself, Mr. Cruz, and Mr. Tillis) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To address gun violence, improve the availability of records to the 
   National Instant Criminal Background Check System, address mental 
    illness in the criminal justice system, and 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 ``Protecting 
Communities and Preserving the Second Amendment Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reauthorization and improvements to NICS.
Sec. 4. Availability of records to NICS.
Sec. 5. Definitions relating to mental health.
Sec. 6. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent for certain purposes.
Sec. 7. Reports and certifications to Congress.
Sec. 8. Increasing Federal prosecution of gun violence.
Sec. 9. Prosecution of felons and fugitives who attempt to illegally 
                            purchase firearms.
Sec. 10. Limitation on operations by the Department of Justice.
Sec. 11. Increased penalties for lying and buying.
Sec. 12. Amendments to section 924.
Sec. 13. Study by the National Institute of Justice and National 
                            Academy of Sciences on the causes of mass 
                            shootings.
Sec. 14. Reports to Congress regarding ammunition purchases by Federal 
                            agencies.
Sec. 15. Reduction of Byrne JAG funds for State failure to provide 
                            mental health records to NICS.
Sec. 16. Firearm commerce modernization.
Sec. 17. Interstate transportation of firearms or ammunition.
Sec. 18. Preventing duplicative grants.
Sec. 19. Regional firearms trafficking task forces.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code;
            (2) the term ``covered firearms provision'' means section 
        922, 924, 932, or 933 of title 18, United States Code, or 
        section 5861 of the Internal Revenue Code of 1986;
            (3) the term ``NICS'' means the National Instant Criminal 
        Background Check System; and
            (4) the term ``relevant Federal records'' means any record 
        demonstrating that a person is prohibited from possessing or 
        receiving a firearm under subsection (g) or (n) of section 922 
        of title 18, United States Code.

SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS.

    (a) In General.--Section 103 of the NICS Improvement Amendments Act 
of 2007 (34 U.S.C. 40913) is amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively;
            (2) by amending subsection (f), as so redesignated, to read 
        as follows:
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2025 through 2029.''; and
            (3) by inserting after subsection (d) the following:
    ``(e) Accountability.--All grants awarded by the Attorney General 
under this section shall be subject to the following accountability 
provisions:
            ``(1) Definition.--In this subsection, 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.
            ``(2) Audits.--
                    ``(A) In general.--Beginning in the first fiscal 
                year beginning after the date of enactment of the 
                Protecting Communities and Preserving the Second 
                Amendment Act of 2024, and in each fiscal year 
                thereafter, the Inspector General of the Department of 
                Justice shall conduct audits of recipients of grants 
                under this section to prevent waste, fraud, and abuse 
                of funds by grantees.
                    ``(B) Selection of grantees for audit.--The 
                Inspector General shall determine the appropriate 
                number of grantees to be audited each year.
            ``(3) Priority.--In awarding grants under this section, 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 section.''.
    (b) Modification of Eligibility Requirements.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) in section 102(b)(1) (34 U.S.C. 40912(b)(1))--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (C)'' and inserting ``subparagraph (B)'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B);
            (2) in section 103 (34 U.S.C. 40913)--
                    (A) in subsection (a)(1), by striking ``and subject 
                to section 102(b)(1)(B)''; and
                    (B) in subsection (e)(2)(B)(ii)(II), by striking 
                ``section 102(b)(1)(C)'' and inserting ``section 
                102(b)(1)(B)''; and
            (3) in section 104(d) (34 U.S.C. 40914(d)), by striking 
        ``section 102(b)(1)(C)'' and inserting ``section 
        102(b)(1)(B)''.

SEC. 4. AVAILABILITY OF RECORDS TO NICS.

    (a) Guidance.--Not later than 45 days after the date of enactment 
of this Act, the Attorney General shall issue guidance regarding--
            (1) the identification and sharing of relevant Federal 
        records; and
            (2) submission of the relevant Federal records to NICS.
    (b) Prioritization of Records.--Each agency that possesses relevant 
Federal records shall prioritize providing the relevant information 
contained in the relevant Federal records to NICS on a regular and 
ongoing basis in accordance with the guidance issued by the Attorney 
General under subsection (a).
    (c) Reports.--Not later than 60 days after the Attorney General 
issues guidance under subsection (a), the head of each agency shall 
submit a report to the Attorney General that--
            (1) advises whether the agency possesses relevant Federal 
        records; and
            (2) describes the implementation plan of the agency for 
        making the relevant information contained in relevant Federal 
        records available to NICS in a manner consistent with 
        applicable law.
    (d) Determination of Relevance.--The Attorney General shall resolve 
any dispute regarding whether--
            (1) agency records are relevant Federal records; and
            (2) the relevant Federal records of an agency should be 
        made available to NICS.

SEC. 5. DEFINITIONS RELATING TO MENTAL HEALTH.

    (a) Title 18 Definitions.--Chapter 44 of title 18, United States 
Code, is amended--
            (1) in section 921(a), by adding at the end the following:
    ``(38)(A) Subject to subparagraph (B), the term `has been 
adjudicated mentally incompetent or has been committed to a psychiatric 
hospital', with respect to a person--
            ``(i) means the person is the subject of an order or 
        finding by a judicial officer, court, board, commission, or 
        other adjudicative body--
                    ``(I) that was issued after--
                            ``(aa) a hearing--
                                    ``(AA) of which the person received 
                                actual notice; and
                                    ``(BB) at which the person had an 
                                opportunity to participate with 
                                counsel; or
                            ``(bb) the person knowingly and 
                        intelligently waived the opportunity for a 
                        hearing--
                                    ``(AA) of which the person received 
                                actual notice; and
                                    ``(BB) at which the person would 
                                have had an opportunity to participate 
                                with counsel; and
                    ``(II) that found that the person, as a result of 
                marked subnormal intelligence, mental impairment, or 
                mental illness--
                            ``(aa) was a danger to himself or herself 
                        or to others;
                            ``(bb) was guilty but mentally ill in a 
                        criminal case;
                            ``(cc) was not guilty in a criminal case by 
                        reason of insanity or mental disease or defect;
                            ``(dd) was incompetent to stand trial in a 
                        criminal case;
                            ``(ee) was not guilty only by reason of 
                        lack of mental responsibility under section 
                        850a of title 10 (article 50a of the Uniform 
                        Code of Military Justice);
                            ``(ff) required involuntary inpatient 
                        treatment by a psychiatric hospital;
                            ``(gg) required involuntary outpatient 
                        treatment by a psychiatric hospital based on a 
                        finding that the person is a danger to himself 
                        or herself or to others; or
                            ``(hh) required involuntary commitment to a 
                        psychiatric hospital for any reason, including 
                        drug use; and
            ``(ii) does not include--
                    ``(I) a person who is in a psychiatric hospital for 
                observation; or
                    ``(II) a voluntary admission to a psychiatric 
                hospital.
    ``(B) In this paragraph, the term `order or finding' does not 
include--
            ``(i) an order or finding that has expired or has been set 
        aside or expunged;
            ``(ii) an order or finding that is no longer applicable 
        because a judicial officer, court, board, commission, or other 
        adjudicative body has found that the person who is the subject 
        of the order or finding--
                    ``(I) does not present a danger to himself or to 
                others;
                    ``(II) has been restored to sanity or cured of 
                mental disease or defect;
                    ``(III) has been restored to competency; or
                    ``(IV) no longer requires involuntary inpatient or 
                outpatient treatment by, or involuntary commitment to, 
                a psychiatric hospital; or
            ``(iii) an order or finding with respect to which the 
        person who is subject to the order or finding has been granted 
        relief from disabilities under section 925(c) or under a 
        program described in section 101(c)(2)(A) or 105 of the NICS 
        Improvement Amendments Act of 2007 (34 U.S.C. 40911(c)(2)(A), 
        40915).
    ``(39) The term `psychiatric hospital' includes a mental health 
facility, a mental hospital, a sanitarium, a psychiatric facility, and 
any other facility that provides diagnoses by licensed professionals of 
mental retardation or mental illness, including a psychiatric ward in a 
general hospital.''; and
            (2) in section 922--
                    (A) in subsection (d)(4)--
                            (i) by striking ``as a mental defective'' 
                        and inserting ``mentally incompetent''; and
                            (ii) by striking ``any mental institution'' 
                        and inserting ``a psychiatric hospital'';
                    (B) in subsection (g)(4)--
                            (i) by striking ``as a mental defective or 
                        who has'' and inserting ``mentally incompetent 
                        or has''; and
                            (ii) by striking ``mental institution'' and 
                        inserting ``psychiatric hospital''; and
                    (C) in subsection (s)(3)(B)(iv)--
                            (i) by striking ``as a mental defective'' 
                        and inserting ``mentally incompetent''; and
                            (ii) by striking ``any mental institution'' 
                        and inserting ``a psychiatric hospital''.
    (b) Technical and Conforming Amendment.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) by striking ``as a mental defective'' each place that 
        term appears and inserting ``mentally incompetent'';
            (2) by striking ``mental institution'' each place that term 
        appears and inserting ``psychiatric hospital''; and
            (3) in section 102(c)(3) (34 U.S.C. 40912(c)(3))--
                    (A) in the paragraph heading, by striking ``as a 
                mental defective or committed to a mental institution'' 
                and inserting ``mentally incompetent or committed to a 
                psychiatric hospital''; and
                    (B) by striking ``mental institutions'' and 
                inserting ``psychiatric hospitals''.

SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED 
              MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by adding at the end the following:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes
    ``In any case arising out of the administration by the Secretary of 
laws and benefits under this title, a person who is mentally 
incapacitated, deemed mentally incompetent, or experiencing an extended 
loss of consciousness shall not be considered adjudicated as mentally 
incompetent under subsection (d)(4) or (g)(4) of section 922 of title 
18 without the order or finding of a judge, magistrate, or other 
judicial authority of competent jurisdiction that such person is a 
danger to himself or herself or others.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 55 of title 38, United States Code, is amended 
by adding at the end the following:

``5511. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent for certain 
                            purposes.''.

SEC. 7. REPORTS AND CERTIFICATIONS TO CONGRESS.

    (a) NICS Reports.--Not later than October 1, 2025, and every year 
thereafter, the head of each agency that possesses relevant Federal 
records shall submit a report to Congress that includes--
            (1) a description of the relevant Federal records possessed 
        by the agency that can be shared with NICS in a manner 
        consistent with applicable law;
            (2) the number of relevant Federal records the agency 
        submitted to NICS during the reporting period;
            (3) efforts made to increase the percentage of relevant 
        Federal records possessed by the agency that are submitted to 
        NICS;
            (4) any obstacles to increasing the percentage of relevant 
        Federal records possessed by the agency that are submitted to 
        NICS;
            (5) measures put in place to provide notice and programs 
        for relief from disabilities as required under the NICS 
        Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) if 
        the agency makes qualifying adjudications relating to the 
        mental health of an individual;
            (6) measures put in place to correct, modify, or remove 
        records available to NICS when the basis on which the records 
        were made available no longer applies; and
            (7) additional steps that will be taken during the 1-year 
        period after the submission of the report to improve the 
        processes by which relevant Federal records are--
                    (A) identified;
                    (B) made available to NICS; and
                    (C) corrected, modified, or removed from NICS.
    (b) Certifications.--
            (1) In general.--The annual report requirement in 
        subsection (a) shall not apply to an agency that, as part of a 
        report required to be submitted under subsection (a), provides 
        certification that the agency has--
                    (A) made available to NICS relevant Federal records 
                that can be shared in a manner consistent with 
                applicable law;
                    (B) a plan to make any relevant Federal records 
                available to NICS and a description of that plan; and
                    (C) a plan to update, modify, or remove records 
                electronically from NICS not less than quarterly as 
                required by the NICS Improvement Amendments Act of 2007 
                (34 U.S.C. 40902 et seq.) and a description of that 
                plan.
            (2) Frequency.--Each agency that is not required to submit 
        annual reports under paragraph (1) shall submit an annual 
        certification to Congress attesting that the agency continues 
        to submit relevant Federal records to NICS and has corrected, 
        modified, or removed records available to NICS when the basis 
        on which the records were made available no longer applies.
    (c) Reports to Congress on Firearms Prosecutions.--
            (1) Definition.--In this subsection, the term ``covered 
        firearms case'' means a case presented to the Department of 
        Justice for review or prosecution, in which the objective facts 
        of the case provide probable cause to believe that there has 
        been a violation of a covered firearms provision.
            (2) Report to congress.--Not later than February 1, 2025, 
        and February 1 of every year thereafter through 2034, 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 a report regarding covered 
        firearms cases during the fiscal year that ended on September 
        30 of the preceding year.
            (3) Subject of annual report.--Not later than 90 days after 
        the date of enactment of this Act, the Attorney General shall 
        require each component of the Department of Justice, including 
        each United States Attorney's Office, to furnish for the 
        purposes of the report described in paragraph (2), information 
        relating to any covered firearms case.
            (4) Elements of annual report.--The reports submitted under 
        paragraph (2) shall include, for the fiscal year covered by the 
        report--
                    (A) a list of the covered firearms cases in which a 
                decision has been made not to charge an individual with 
                a violation of a covered firearms provision, or any 
                other violation of Federal criminal law;
                    (B) in any covered firearms case described in 
                subparagraph (A), the reason that no charge was filed 
                under a covered firearms provision;
                    (C) for each covered firearms case--
                            (i) whether an indictment, information, or 
                        other charge has been filed against any person 
                        or whether the matter is pending;
                            (ii) if an indictment, information, or 
                        other charge has been filed, whether the 
                        charging document contains 1 or more counts 
                        alleging a violation of a covered firearms 
                        provision;
                            (iii) if a charging document was filed that 
                        contains 1 or more counts alleging a violation 
                        of a covered firearms provision, whether a plea 
                        agreement of any kind has been entered into 
                        with the individual charged in the case;
                            (iv) if a plea agreement has been entered--
                                    (I) whether the plea agreement 
                                required that the individual plead 
                                guilty or enter a plea of nolo 
                                contendere or otherwise caused a court 
                                to enter a conviction against that 
                                individual for a violation of a covered 
                                firearms provision; and
                                    (II) if the plea agreement did not 
                                require that the individual plead 
                                guilty or enter a plea of nolo 
                                contendere or otherwise cause a court 
                                to enter a conviction against that 
                                individual for a violation of a covered 
                                firearms provision, the charges to 
                                which that individual did plead guilty;
                            (v) if a charging document was filed that 
                        contains 1 or more counts alleging a violation 
                        of a covered firearms provision, the result of 
                        any trial of such charges (guilty, not guilty, 
                        mistrial); and
                            (vi) if a charging document was filed that 
                        did not contain a count alleging a violation of 
                        a covered firearms provision, the nature of the 
                        other charges brought and the result of any 
                        trial of such other charges as have been 
                        brought (guilty, not guilty, mistrial);
                    (D) the number of persons who attempted to purchase 
                a firearm but were denied because of a background check 
                conducted in accordance with section 922(t) of title 
                18, United States Code; and
                    (E) the number of prosecutions conducted in 
                relation to persons described in subparagraph (D).

SEC. 8. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish in jurisdictions 
specified in subsection (c) a program that meets the requirements of 
subsection (b), to be known as the Nationwide Project Exile Expansion.
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for coordination with State and local law 
        enforcement officials in the identification of violations of a 
        covered firearms provision;
            (2) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral for 
        investigation or prosecution by the Bureau of Alcohol, Tobacco, 
        Firearms and Explosives and the United States Attorney of 
        instances in which the State or local law enforcement officials 
        determine that there is probable cause to believe that a person 
        arrested by the officials has violated a covered firearms 
        provision;
            (3) provide for the establishment of multijurisdictional 
        task forces, coordinated by the Executive Office for United 
        States Attorneys to investigate and prosecute illegal straw 
        purchasing rings that purchase firearms in 1 jurisdiction and 
        transfer them to another;
            (4) require that the United States Attorney designate not 
        less than 1 Assistant United States Attorney to prosecute 
        violations of a covered firearms provision; and
            (5) ensure that each person referred to the United States 
        Attorney under paragraph (2) be charged with a violation of the 
        most serious covered firearms provision, consistent with the 
        act committed.
    (c) Covered Jurisdictions.--
            (1) In general.--Subject to paragraph (2), the 
        jurisdictions specified in this subsection are--
                    (A) the 10 jurisdictions with a population equal to 
                or greater than 100,000 persons that had the highest 
                total number of homicides according to the uniform 
                crime report of the Federal Bureau of Investigation for 
                the most recent year available;
                    (B) the 5 jurisdictions with such a population, 
                other than the jurisdictions covered by paragraph (1), 
                with the highest per capita rate of homicide according 
                to the uniform crime report of the Federal Bureau of 
                Investigation for the most recent year available; and
                    (C) the 3 Tribal jurisdictions that have the 
                highest homicide crime rates, as determined by the 
                Attorney General.
            (2) Limitation.--The 15 jurisdictions described in 
        subparagraphs (A) and (B) shall not include any jurisdiction 
        other than those within the 50 States.
    (d) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report 
containing the following information:
            (1) The number of individuals indicted for a violation of a 
        covered firearms provision during the preceding year as a 
        result of the program.
            (2) The increase or decrease in the number of individuals 
        indicted for a violation of a covered firearms provision during 
        the preceding year as a result of the program when compared 
        with the year before such preceding year.
            (3) The number of individuals held without bond in 
        anticipation of prosecution as a result of the program during 
        the preceding year.
            (4) To the extent the information is available, the average 
        length of prison sentence of the individuals convicted of a 
        violation of a covered firearms provision as a result of the 
        program.
            (5) The number of multijurisdictional task forces 
        established and the number of individuals arrested, indicted, 
        convicted or acquitted of charges for a violation of a covered 
        firearms provision.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out the program under this section $15,000,000 for each 
        of fiscal years 2025, 2026, and 2027, which shall be used for 
        salaries and expenses of Assistant United States Attorneys and 
        Bureau of Alcohol, Tobacco, Firearms and Explosives agents.
            (2) Use of funds.--
                    (A) Assistant united states attorneys.--The 
                Assistant United States Attorneys hired using amounts 
                authorized to be appropriated under paragraph (1) shall 
                prosecute violations of covered firearms provisions in 
                accordance with any agreement entered into under 
                subsection (b)(2).
                    (B) ATF agents.--The Bureau of Alcohol, Tobacco, 
                Firearms and Explosives agents hired using amounts 
                authorized to be appropriated under paragraph (1) 
                shall, to the maximum extent practicable, concentrate 
                their investigations on violations of covered firearms 
                provisions in accordance with any agreement entered 
                into under subsection (b)(2), with an emphasis on 
                heightened enforcement and prosecution of straw 
                purchasers under section 932 or 933 of title 18, United 
                States Code.

SEC. 9. PROSECUTION OF FELONS AND FUGITIVES WHO ATTEMPT TO ILLEGALLY 
              PURCHASE FIREARMS.

    (a) Task Force.--
            (1) Establishment.--There is established a task force 
        within the Department of Justice, which shall be known as the 
        Felon and Fugitive Firearm Task Force (referred to in this 
        section as the ``Task Force''), to strengthen the efforts of 
        the Department of Justice to investigate and prosecute cases of 
        convicted felons and fugitives from justice who illegally 
        attempt to purchase a firearm.
            (2) Membership.--The members of the Task Force shall be--
                    (A) the Deputy Attorney General, who shall serve as 
                the Chairperson of the Task Force;
                    (B) the Assistant Attorney General for the Criminal 
                Division;
                    (C) the Director of the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives;
                    (D) the Director of the Federal Bureau of 
                Investigation; and
                    (E) such other officers or employees of the 
                Department of Justice as the Attorney General may 
                designate.
            (3) Duties.--The Task Force shall--
                    (A) provide direction for the investigation and 
                prosecution of cases of convicted felons and fugitives 
                from justice attempting to illegally purchase a 
                firearm; and
                    (B) provide recommendations to the Attorney General 
                relating to--
                            (i) the allocation and reallocation of 
                        resources of the Department of Justice for 
                        investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm;
                            (ii) enhancing cooperation among agencies 
                        and entities of the Federal Government in the 
                        investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm;
                            (iii) enhancing cooperation among Federal, 
                        State, and local authorities responsible for 
                        the investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm; and
                            (iv) changes in rules, regulations, or 
                        policy to improve the effective investigation 
                        and prosecution of cases of convicted felons 
                        and fugitives from justice attempting to 
                        illegally purchase a firearm.
            (4) Meetings.--The Task Force shall meet not less than 
        twice per year.
            (5) Termination.--The Task Force shall terminate on the 
        date that is 5 years after the date of enactment of this Act.
    (b) Authorization for Use of Funds.--Section 524(c)(1) of title 28, 
United States Code, is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (J) the following:
            ``(K) the investigation and prosecution of cases of 
        convicted felons and fugitives from justice who illegally 
        attempt to purchase a firearm, in accordance with the direction 
        provided under section 9 of the Protecting Communities and 
        Preserving the Second Amendment Act of 2024, provided that--
                    ``(i) not more than $10,000,000 shall be available 
                to the Attorney General for each of fiscal years 2025 
                through 2029 under this subparagraph; and
                    ``(ii) not more than 5 percent of the amounts made 
                available under this subparagraph may be used for the 
                administrative costs of the task force established 
                under section 9 of the Protecting Communities and 
                Preserving the Second Amendment Act of 2024.''.

SEC. 10. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.

    The Department of Justice, and any of the law enforcement 
coordinate agencies of the Department of Justice, 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.

SEC. 11. INCREASED PENALTIES FOR LYING AND BUYING.

    Section 924(a)(1) of title 18, United States Code, is amended in 
the undesignated matter following subparagraph (D) by striking ``five 
years'' and inserting the following: ``5 years (or, in the case of a 
violation under subparagraph (A), not more than 10 years)''.

SEC. 12. AMENDMENT TO SECTION 924(A).

    Section 924(a)(8) of title 18, United States Code, is amended by 
striking ``(d) or (g)'' and inserting ``(d), (g), or (n)''.

SEC. 13. STUDY BY THE NATIONAL INSTITUTE OF JUSTICE AND NATIONAL 
              ACADEMY OF SCIENCES ON THE CAUSES OF MASS SHOOTINGS.

    (a) In General.--
            (1) Study.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Attorney General 
                shall instruct the Director of the National Institute 
                of Justice, to conduct a peer-reviewed study to examine 
                various sources and causes of mass shootings including 
                psychological factors, the impact of violent video 
                games, and other factors.
                    (B) Contract with the national academy of 
                sciences.--The Director shall enter into a contract 
                with the National Academy of Sciences to conduct this 
                study jointly with an independent panel of 5 experts 
                appointed by the Academy.
            (2) Report.--Not later than 1 year after the date on which 
        the study required under paragraph (1) begins, the Director of 
        the National Institute of Justice shall submit to Congress a 
        report detailing the findings of the study.
    (b) Issues Examined.--The study conducted under subsection (a)(1) 
shall examine--
            (1) mental illness;
            (2) the availability of mental health and other resources 
        and strategies to help families detect and counter tendencies 
        toward violence;
            (3) the availability of mental health and other resources 
        at schools to help detect and counter tendencies of students 
        towards violence;
            (4) the extent to which perpetrators of mass shootings, 
        either alleged, convicted, deceased, or otherwise, played 
        violent or adult-themed video games and whether the 
        perpetrators of mass shootings discussed, played, or used 
        violent or adult-themed video games in preparation of or to 
        assist in carrying out their violent actions;
            (5) familial relationships, including the level of 
        involvement and awareness of parents;
            (6) exposure to bullying; and
            (7) the extent to which perpetrators of mass shootings were 
        acting in a ``copycat'' manner based upon previous violent 
        events.

SEC. 14. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES BY FEDERAL 
              AGENCIES.

    Not later than 1 year after the date of enactment of this Act, the 
Director of the Office of Management and Budget shall submit to the 
Speaker of the House of Representatives, the President pro tempore of 
the Senate, and the Chairs and Ranking Members of the Committee on 
Appropriations, the Committee on the Judiciary, and the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Appropriations, the Committee on the Judiciary, the 
Committee on Homeland Security, and the Committee on Oversight and 
Accountability of the House of Representatives, a report including--
            (1) details of all purchases of ammunition by each Federal 
        agency during the preceding year;
            (2) a summary of all purchases, solicitations, and 
        expenditures on ammunition by each Federal agency during the 
        preceding year;
            (3) a summary of all the rounds of ammunition expended by 
        each Federal agency and a current listing of stockpiled 
        ammunition for each Federal agency during the preceding year; 
        and
            (4) an estimate of ammunition needs and purchases for each 
        Federal agency for the next fiscal year.

SEC. 15. REDUCTION OF BYRNE JAG FUNDS FOR STATE FAILURE TO PROVIDE 
              MENTAL HEALTH RECORDS TO NICS.

    Section 104(b) of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40914(b)) is amended--
            (1) by striking paragraphs (1) and (2);
            (2) by redesignating paragraph (3) as paragraph (2);
            (3) in paragraph (2), as so redesignated, by striking ``of 
        paragraph (2)'' and inserting ``of paragraph (1)''; and
            (4) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Reduction for failure to provide mental health 
        records.--
                    ``(A) In general.--During the period beginning on 
                the date that is 18 months after the date of enactment 
                of the Protecting Communities and Preserving the Second 
                Amendment Act of 2024 and ending on the day before the 
                date described in subparagraph (B), the Attorney 
                General shall withhold 5 percent of the amount that 
                would otherwise be allocated to a State under section 
                505 of title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (34 U.S.C. 10156) if the State does 
                not--
                            ``(i) provide not less than 90 percent of 
                        the records required to be provided under 
                        sections 102 and 103; or
                            ``(ii) have in effect a statute that--
                                    ``(I) requires the State to provide 
                                the records required to be provided 
                                under sections 102 and 103; and
                                    ``(II) implements a relief from 
                                disabilities program in accordance with 
                                section 105.
                    ``(B) Final implementation deadline.--Beginning on 
                the date that is 5 years after the date of enactment of 
                the Protecting Communities and Preserving the Second 
                Amendment Act of 2024, the Attorney General shall 
                withhold 10 percent of the amount that would otherwise 
                be allocated to a State under section 505 of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (34 U.S.C. 10156) if the State does not have in effect 
                a statute described in subparagraph (A)(ii) of this 
                paragraph.''.

SEC. 16. FIREARM COMMERCE MODERNIZATION.

    (a) Firearms Dispositions.--Section 922(b)(3) of title 18, United 
States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``located'' and inserting ``located or temporarily located''; 
        and
            (2) in subparagraph (A)--
                    (A) by striking ``rifle or shotgun'' and inserting 
                ``firearm'';
                    (B) by striking ``located'' and inserting ``located 
                or temporarily located''; and
                    (C) by striking ``both such States'' and inserting 
                ``the State in which the transfer is conducted and the 
                State of residence of the transferee''.
    (b) Dealer Location.--Section 923 of title 18, United States Code, 
is amended--
            (1) in subsection (j)--
                    (A) in the first sentence, by striking ``, and such 
                location is in the State which is specified on the 
                license''; and
                    (B) in the last sentence--
                            (i) by inserting ``transfer,'' after 
                        ``sell,''; and
                            (ii) by striking ``Act,'' and all that 
                        follows and inserting ``Act.''; and
            (2) by adding at the end the following:
    ``(m) Nothing in this chapter shall be construed to prohibit the 
sale, transfer, delivery, or other disposition of a firearm or 
ammunition--
            ``(1) by a person licensed under this chapter to another 
        person so licensed, at any location in any State; or
            ``(2) by a licensed importer, licensed manufacturer, or 
        licensed dealer to a person not licensed under this chapter, at 
        a temporary location described in subsection (j) in any 
        State.''.
    (c) Residence of United States Officers.--Section 921 of title 18, 
United States Code, is amended by striking subsection (b) and inserting 
the following:
    ``(b) For purposes of this chapter:
            ``(1) A member of the Armed Forces on active duty, or a 
        spouse of such a member, is a resident of--
                    ``(A) the State in which the member or spouse 
                maintains legal residence;
                    ``(B) the State in which the permanent duty station 
                of the member is located; and
                    ``(C) the State in which the member maintains a 
                place of abode from which the member commutes each day 
                to the permanent duty station of the member.
            ``(2) An officer or employee of the United States (other 
        than a member of the Armed Forces) who is stationed outside the 
        United States for a period of more than 1 year, and a spouse of 
        such an officer or employee, is a resident of the State in 
        which the person maintains legal residence.''.

SEC. 17. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 926A of title 18, United States Code, is 
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Definition.--In this section, the term `transport' includes--
            ``(1) staying in temporary lodging overnight;
            ``(2) stopping for food, fuel, vehicle maintenance, an 
        emergency, or medical treatment; and
            ``(3) any other activity incidental to the transport.
    ``(b) Authorization.--Notwithstanding any provision of any law 
(including a rule or regulation) of a State or any political 
subdivision thereof, a person who is not prohibited by this chapter 
from possessing, transporting, shipping, or receiving a firearm or 
ammunition shall be entitled to--
            ``(1) transport a firearm for any lawful purpose from any 
        place where the person may lawfully possess, carry, or 
        transport the firearm to any other such place if, during the 
        transportation--
                    ``(A) the firearm is unloaded; and
                    ``(B)(i) if the transportation is by motor 
                vehicle--
                            ``(I) the firearm is not directly 
                        accessible from the passenger compartment of 
                        the motor vehicle; or
                            ``(II) if the motor vehicle is without a 
                        compartment separate from the passenger 
                        compartment, the firearm is--
                                    ``(aa) in a locked container other 
                                than the glove compartment or console; 
                                or
                                    ``(bb) secured by a secure gun 
                                storage or safety device; or
                    ``(ii) if the transportation is by other means, the 
                firearm is in a locked container or secured by a secure 
                gun storage or safety device; and
            ``(2) transport ammunition for any lawful purpose from any 
        place where the person may lawfully possess, carry, or 
        transport the ammunition, to any other such place if, during 
        the transportation--
                    ``(A) the ammunition is not loaded into a firearm; 
                and
                    ``(B)(i) if the transportation is by motor 
                vehicle--
                            ``(I) the ammunition is not directly 
                        accessible from the passenger compartment of 
                        the motor vehicle; or
                            ``(II) if the motor vehicle is without a 
                        compartment separate from the passenger 
                        compartment, the ammunition is in a locked 
                        container other than the glove compartment or 
                        console; or
                    ``(ii) if the transportation is by other means, the 
                ammunition is in a locked container.
    ``(c) State Law.--
            ``(1) Arrest authority.--A person who is transporting a 
        firearm or ammunition may not be--
                    ``(A) arrested for violation of any law or any rule 
                or regulation of a State, or any political subdivision 
                thereof, relating to the possession, transportation, or 
                carrying of firearms or ammunition, unless there is 
                probable cause to believe that the transportation is 
                not in accordance with subsection (b); or
                    ``(B) detained for violation of any law or any rule 
                or regulation of a State, or any political subdivision 
                thereof, relating to the possession, transportation, or 
                carrying of firearms or ammunition, unless there is 
                reasonable suspicion that the transportation is not in 
                accordance with subsection (b).
            ``(2) Prosecution.--
                    ``(A) Burden of proof.--If a person asserts this 
                section as a defense in a criminal proceeding, the 
                government shall bear the burden of proving, beyond a 
                reasonable doubt, that the conduct of the person was 
                not in accordance with subsection (b).
                    ``(B) Prevailing defendant.--If a person 
                successfully asserts this section as a defense in a 
                criminal proceeding, the court shall award the 
                prevailing defendant reasonable attorney's fees.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by striking the 
item relating to section 926A and inserting the following:

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

SEC. 18. PREVENTING DUPLICATIVE GRANTS.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end 
the following:
    ``(o) Preventing Duplicative Grants.--
            ``(1) In general.--Before the Attorney General awards a 
        grant to an applicant under this part, the Attorney General 
        shall compare potential grant awards with grants awarded under 
        part A or T to determine if duplicate grant awards are awarded 
        for the same purpose.
            ``(2) Report.--If the Attorney General awards duplicate 
        grants to the same applicant for the same purpose the Attorney 
        General shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a report that includes--
                    ``(A) a list of all duplicate grants awarded, 
                including the total dollar amount of any duplicate 
                grants awarded; and
                    ``(B) the reason the Attorney General awarded the 
                duplicate grants.''.

SEC. 19. REGIONAL FIREARMS TRAFFICKING TASK FORCES.

    (a) In General.--The Attorney General shall establish or continue 
to maintain a firearms trafficking task force in each of the following 
field divisions of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives:
            (1) The Houston Field Division.
            (2) The Phoenix Field Division.
            (3) The Dallas Field Division.
            (4) The Los Angeles Field Division.
    (b) Staffing.--Each firearms trafficking task force established or 
maintained under subsection (a) shall consist of no fewer than 12 
special agents of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives.
    (c) Duties.--Each firearms trafficking task force established or 
maintained under subsection (a) shall investigate firearms trafficking, 
with an emphasis on detecting and investigating violations of sections 
932 and 933 of title 18, United States Code.
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