[Congressional Record Volume 159, Number 42 (Thursday, March 21, 2013)]
[Senate]
[Pages S2158-S2162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  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; read the first time.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 649

       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

[[Page S2159]]

     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--

[[Page S2160]]

       ``(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--

[[Page S2161]]

       (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.--

[[Page S2162]]

       ``(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.
                                 ______