[Congressional Record Volume 162, Number 95 (Wednesday, June 15, 2016)]
[Senate]
[Pages S4004-S4009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4716. Mr. MANCHIN (for himself and Mr. Toomey) submitted an
amendment intended to be proposed to amendment SA 4685 proposed by Mr.
McConnell (for Mr. Shelby (for himself and Ms. Mikulski)) to the bill
H.R. 2578, making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2016, and for other purposes; which was ordered to lie on
the table; as follows:
On page 107, between lines 9 and 10, insert the following:
TITLE VI--PUBLIC SAFETY AND SECOND AMENDMENT RIGHTS PROTECTION ACT
SECTION 601. SHORT TITLE.
This title may be cited as the ``Public Safety and Second
Amendment Rights Protection Act of 2016''.
SEC. 602. FINDINGS.
Congress finds the following:
(1) Congress supports, respects, and defends the
fundamental, individual right to keep and bear arms
guaranteed by the Second Amendment to the Constitution of the
United States.
(2) Congress supports and reaffirms the existing
prohibition on a national firearms registry.
(3) Congress believes the Department of Justice should
prosecute violations of background check requirements to the
maximum extent of the law.
(4) There are deficits in the background check system in
existence prior to the date of enactment of this Act and the
Department of Justice should make it a top priority to work
with States to swiftly input missing records, including
mental health records.
(5) Congress and the citizens of the United States agree
that in order to promote safe and responsible gun ownership,
dangerous criminals and the seriously mentally ill should be
prohibited from possessing firearms; therefore, it should be
incumbent upon all citizens to ensure weapons are not being
transferred to such people.
SEC. 603. RULE OF CONSTRUCTION.
Nothing in this title, or any amendment made by this title,
shall be construed to--
(1) expand in any way the enforcement authority or
jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives; or
(2) allow the establishment, directly or indirectly, of a
Federal firearms registry.
SEC. 604. SEVERABILITY.
If any provision of this title or an amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be invalid for any reason
in any court of competent jurisdiction, the remainder of this
title and amendments made by this title, and the application
of the provisions and amendment to any other person or
circumstance, shall not be affected.
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. 611. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY
RECORDS IMPROVEMENT PROGRAM.
Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note)
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of this Act'' and inserting ``of the
Public Safety and Second Amendment Rights Protection Act of
2016''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated for grants under this
subsection $100,000,000 for each of fiscal years 2016 through
2019.''.
SEC. 612. IMPROVEMENT OF METRICS AND INCENTIVES.
Section 102(b) of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2016, the Attorney General, in coordination
with the States, shall establish for each State or Indian
tribal government desiring a grant under section 103 a 4-year
implementation plan to ensure maximum coordination and
automation of the reporting of records or making records
available to the National Instant Criminal Background Check
System.
``(2) Benchmark requirements.--Each 4-year plan established
under paragraph (1) shall include annual benchmarks,
including both qualitative goals and quantitative measures,
to assess implementation of the 4-year plan.
[[Page S4005]]
``(3) Penalties for non-compliance.--
``(A) In general.--During the 4-year period covered by a 4-
year plan established under paragraph (1), the Attorney
General shall withhold--
``(i) 10 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established under paragraph
(2) for the first year in the 4-year period;
``(ii) 11 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established under paragraph
(2) for the second year in the 4-year period;
``(iii) 13 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established under paragraph
(2) for the third year in the 4-year period; and
``(iv) 15 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established under paragraph
(2) for the fourth year in the 4-year period.
``(B) Failure to establish a plan.--A State that fails to
establish a plan under paragraph (1) shall be treated as
having not met any benchmark established under paragraph
(2).''.
SEC. 613. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION
AND AUTOMATION OF NICS RECORD REPORTING.
(a) In General.--The NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended--
(1) by striking section 103 and inserting the following:
``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION
AND AUTOMATION OF NICS RECORD REPORTING.
``(a) Authorization.--From amounts made available to carry
out this section, the Attorney General shall make grants to
States, Indian Tribal governments, and State court systems,
in a manner consistent with the National Criminal History
Improvement Program and consistent with State plans for
integration, automation, and accessibility of criminal
history records, for use by the State, or units of local
government of the State, Indian Tribal government, or State
court system to improve the automation and transmittal of
mental health records and criminal history dispositions,
records relevant to determining whether a person has been
convicted of a misdemeanor crime of domestic violence, court
orders, and mental health adjudications or commitments to
Federal and State record repositories in accordance with
section 102 and the National Criminal History Improvement
Program.
``(b) Use of Grant Amounts.--Grants awarded to States,
Indian Tribal governments, or State court systems under this
section may only be used to--
``(1) carry out, as necessary, assessments of the
capabilities of the courts of the State or Indian Tribal
government for the automation and transmission of arrest and
conviction records, court orders, and mental health
adjudications or commitments to Federal and State record
repositories;
``(2) implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records,
court orders, and mental health adjudications or commitments
to Federal and State record repositories;
``(3) create electronic systems that provide accurate and
up-to-date information which is directly related to checks
under the National Instant Criminal Background Check System,
including court disposition and corrections records;
``(4) assist States or Indian Tribal governments in
establishing or enhancing their own capacities to perform
background checks using the National Instant Criminal
Background Check System; and
``(5) develop and maintain the relief from disabilities
program in accordance with section 105.
``(c) Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, a State, Indian Tribal government, or State court
system shall certify, to the satisfaction of the Attorney
General, that the State, Indian Tribal government, or State
court system--
``(A) is not prohibited by State law or court order from
submitting mental health records to the National Instant
Criminal Background Check System; and
``(B) subject to paragraph (2), has implemented a relief
from disabilities program in accordance with section 105.
``(2) Relief from disabilities program.--For purposes of
obtaining a grant under this section, a State, Indian Tribal
government, or State court system shall not be required to
meet the eligibility requirement described in paragraph
(1)(B) until the date that is 2 years after the date of
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2016.
``(d) Federal Share.--
``(1) Studies, assessments, non-material activities.--The
Federal share of a study, assessment, creation of a task
force, or other non-material activity, as determined by the
Attorney General, carried out with a grant under this section
shall be not more than 25 percent.
``(2) Infrastructure or system development.--The Federal
share of an activity involving infrastructure or system
development, including labor-related costs, for the purpose
of improving State or Indian Tribal government record
reporting to the National Instant Criminal Background Check
System carried out with a grant under this section may amount
to 100 percent of the cost of the activity.
``(e) Grants to Indian Tribes.--Up to 5 percent of the
grant funding available under this section may be reserved
for Indian tribal governments for use by Indian tribal
judicial systems.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$100,000,000 for each of fiscal years 2016 through 2019.'';
(2) by striking title III; and
(3) in section 401(b), by inserting after ``of this Act''
the following: ``and 18 months after the date of enactment of
the Public Safety and Second Amendment Rights Protection Act
of 2016''.
(b) Technical and Conforming Amendment.--The table of
sections in section 1(b) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended by striking the
item relating to section 103 and inserting the following:
``Sec. 103. Grants to States for improvement of coordination and
automation of NICS record reporting.''.
SEC. 614. RELIEF FROM DISABILITIES PROGRAM.
Section 105 of the NICS Improvement Amendments Act of 2007
(18 U.S.C. 922 note) is amended by adding at the end the
following:
``(c) Penalties for Non-compliance.--
``(1) 10 percent reduction.--During the 1-year period
beginning 2 years after the date of enactment of the Public
Safety and Second Amendment Rights Protection Act of 2016,
the Attorney General shall withhold 10 percent of the amount
that would otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755) if the State has not implemented a relief
from disabilities program in accordance with this section.
``(2) 11 percent reduction.--During the 1-year period after
the expiration of the period described in paragraph (1), the
Attorney General shall withhold 11 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State has not implemented a relief from
disabilities program in accordance with this section.
``(3) 13 percent reduction.--During the 1-year period after
the expiration of the period described in paragraph (2), the
Attorney General shall withhold 13 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State has not implemented a relief from
disabilities program in accordance with this section.
``(4) 15 percent reduction.--After the expiration of the 1-
year period described in paragraph (3), the Attorney General
shall withhold 15 percent of the amount that would otherwise
be allocated to a State under section 505 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755)
if the State has not implemented a relief from disabilities
program in accordance with this section.''.
SEC. 615. ADDITIONAL PROTECTIONS FOR OUR VETERANS.
(a) In General.--Chapter 55 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 5511. Conditions for treatment of certain persons as
adjudicated mentally incompetent for certain purposes
``(a) In General.--In any case arising out of the
administration by the Secretary of laws and benefits under
this title, a person who is determined by the Secretary to be
mentally incompetent shall not be considered adjudicated
pursuant to subsection (d)(4) or (g)(4) of section 922 of
title 18 until--
``(1) in the case in which the person does not request a
review as described in subsection (c)(1), the end of the 30-
day period beginning on the date on which the person receives
notice submitted under subsection (b); or
``(2) in the case in which the person requests a review as
described in paragraph (1) of subsection (c), upon an
assessment by the board designated or established under
paragraph (2) of such subsection or court of competent
jurisdiction that a person cannot safely use, carry, possess,
or store a firearm due to mental incompetency.
``(b) Notice.--Notice submitted under this subsection to a
person described in subsection (a) is notice submitted by the
Secretary that notifies the person of the following:
``(1) The determination made by the Secretary.
``(2) A description of the implications of being considered
adjudicated as a mental defective under subsection (d)(4) or
(g)(4) of section 922 of title 18.
``(3) The person's right to request a review under
subsection (c)(1).
``(c) Administrative Review.--(1) Not later than 30 days
after the date on which a person described in subsection (a)
receives notice submitted under subsection (b), such person
may request a review by the board designed or established
under paragraph (2) or a court
[[Page S4006]]
of competent jurisdiction to assess whether a person cannot
safely use, carry, possess, or store a firearm due to mental
incompetency. In such assessment, the board may consider the
person's honorable discharge or decoration.
``(2) Not later than 180 days after the date of enactment
of the Public Safety and Second Amendment Rights Protection
Act of 2016, the Secretary shall designate or establish a
board that shall, upon request of a person under paragraph
(1), assess whether a person cannot safely use, carry,
possess, or store a firearm due to mental incompetency.
``(d) Judicial Review.--Not later than 30 days after the
date of an assessment of a person under subsection (c) by the
board designated or established under paragraph (2) of such
subsection, such person may file a petition for judicial
review of such assessment with a Federal court of competent
jurisdiction.
``(e) Protecting Rights of Veterans With Existing
Records.--Not later than 90 days after the date of enactment
of the Public Safety and Second Amendment Rights Protection
Act of 2016, the Secretary shall provide written notice of
the opportunity for administrative review and appeal under
subsection (c) to all persons who, on the date of enactment
of the Public Safety and Second Amendment Rights Protection
Act of 2016, are considered adjudicated pursuant to
subsection (d)(4) or (g)(4) of section 922 of title 18 as a
result of having been found by the Department of Veterans
Affairs to be mentally incompetent.
``(f) Future Determinations.--
``(1) In general.--Not later than 180 days after the
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2016, the Secretary shall review the
policies and procedures by which individuals are determined
to be mentally incompetent, and shall revise such policies
and procedures as necessary to ensure that any individual who
is competent to manage his own financial affairs, including
his receipt of Federal benefits, but who voluntarily turns
over the management thereof to a fiduciary is not considered
adjudicated pursuant to subsection (d)(4) or (g)(4) of
section 922 of title 18.
``(2) Report.--Not later than 30 days after the Secretary
has made the review and changes required under paragraph (1),
the Secretary shall submit to Congress a report detailing the
results of the review and any resulting policy and procedural
changes.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by adding at
the end the following new item:
``5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain purposes.''.
(c) Applicability.--Section 5511 of title 38, United States
Code (as added by this section), shall apply only with
respect to persons who are determined by the Secretary of
Veterans Affairs, on or after the date of the enactment of
this Act, to be mentally incompetent, except that those
persons who are provided notice pursuant to section 5511(e)
shall be entitled to use the administrative review under
section 5511(c) and, as necessary, the subsequent judicial
review under section 5511(d).
SEC. 616. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO
BE MADE AVAILABLE TO THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922
note), is amended by adding at the end the following:
``(F) Application to federal courts.--In this subsection--
``(i) the terms `department or agency of the United States'
and `Federal department or agency' include a Federal court;
and
``(ii) for purposes of any request, submission, or
notification, the Director of the Administrative Office of
the United States Courts shall perform the functions of the
head of the department or agency.''.
SEC. 617. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH
RECORDS TO THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY
THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT.
Information collected under section 102(c)(3) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to
assist the Attorney General in enforcing section 922(g)(4) of
title 18, United States Code, shall not be subject to the
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
SEC. 618. PUBLICATION OF NICS INDEX STATISTICS.
Not later than 180 days after the date of enactment of this
Act, and biannually thereafter, the Attorney General shall
make the National Instant Criminal Background Check System
index statistics available on a publically accessible
Internet website.
SEC. 619. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect 180
days after the date of enactment of this Act.
Subtitle B--Providing a Responsible and Consistent Background Check
Process
SEC. 621. PURPOSE.
The purpose of this subtitle is to enhance the current
background check process in the United States to ensure
criminals and the mentally ill are not able to purchase
firearms.
SEC. 622. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States
Code, is amended--
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``or'';
(ii) in clause (ii), by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(iii) in the case of an instant background check
conducted at a gun show or event during the 4-year period
beginning on the effective date under section 630(a) of the
Public Safety and Second Amendment Rights Protection Act of
2016, 48 hours have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section; or
``(iv) in the case of an instant background check conducted
at a gun show or event after the 4-year period described in
clause (iii), 24 hours have elapsed since the licensee
contacted the system, and the system has not notified the
licensee that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section; and'';
(B) in paragraph (3)(C)(ii), by striking ``(as defined in
subsection (s)(8))''; and
(C) by adding at the end the following:
``(7) In this subsection--
``(A) the term `chief law enforcement officer' means the
chief of police, the sheriff, or an equivalent officer or the
designee of any such individual; and
``(B) the term `gun show or event' has the meaning given
the term in subsection (t)(7).
``(8) The Federal Bureau of Investigation shall not charge
a user fee for a background check conducted pursuant to this
subsection.
``(9) Notwithstanding any other provision of this chapter,
upon receiving a request for an instant background check that
originates from a gun show or event, the system shall
complete the instant background check before completing any
pending instant background check that did not originate from
a gun show or event.''; and
(4) by inserting after subsection (s), as redesignated, the
following:
``(t)(1) Beginning on the date that is 180 days after the
date of enactment of this subsection and except as provided
in paragraph (2), it shall be unlawful for any person other
than a licensed dealer, licensed manufacturer, or licensed
importer to complete the transfer of a firearm to any other
person who is not licensed under this chapter, if such
transfer occurs--
``(A) at a gun show or event, on the curtilage thereof; or
``(B) pursuant to an advertisement, posting, display or
other listing on the Internet or in a publication by the
transferor of his intent to transfer, or the transferee of
his intent to acquire, the firearm.
``(2) Paragraph (1) shall not apply if--
``(A) the transfer is made after a licensed importer,
licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with
subsection (s), and upon taking possession of the firearm,
the licensee--
``(i) complies with all requirements of this chapter as if
the licensee were transferring the firearm from the
licensee's business inventory to the unlicensed transferee,
except that when processing a transfer under this chapter the
licensee may accept in lieu of conducting a background check
a valid permit issued within the previous 5 years by a State,
or a political subdivision of a State, that allows the
transferee to possess, acquire, or carry a firearm, if the
law of the State, or political subdivision of a State, that
issued the permit requires that such permit is issued only
after an authorized government official has verified that the
information available to such official does not indicate that
possession of a firearm by the unlicensed transferee would be
in violation of Federal, State, or local law;
``(B) the transfer is made between an unlicensed transferor
and an unlicensed transferee residing in the same State,
which takes place in such State, if--
``(i) the Attorney General certifies that State in which
the transfer takes place has in effect requirements under law
that are generally equivalent to the requirements of this
section; and
``(ii) the transfer was conducted in compliance with the
laws of the State;
``(C) the transfer is made between spouses, between parents
or spouses of parents and their children or spouses of their
children, between siblings or spouses of siblings, or between
grandparents or spouses of grandparents and their
grandchildren or spouses of their grandchildren, or between
aunts or uncles or their spouses and their nieces or nephews
or their spouses, or between first cousins, if the transferor
does not know or have reasonable cause to believe that the
transferee is prohibited from receiving or possessing a
firearm under Federal, State, or local law; or
``(D) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986.
``(3) A licensed importer, licensed manufacturer, or
licensed dealer who processes a transfer of a firearm
authorized under paragraph (2)(A) shall not be subject to a
license revocation or license denial based solely upon a
violation of those paragraphs, or a
[[Page S4007]]
violation of the rules or regulations promulgated under this
paragraph, unless the licensed importer, licensed
manufacturer, or licensed dealer--
``(A) knows or has reasonable cause to believe that the
information provided for purposes of identifying the
transferor, transferee, or the firearm is false;
``(B) knows or has reasonable cause to believe that the
transferee is prohibited from purchasing, receiving, or
possessing a firearm by Federal or State law, or published
ordinance; or
``(C) knowingly violates any other provision of this
chapter, or the rules or regulations promulgated thereunder.
``(4)(A) Notwithstanding any other provision of this
chapter, except for section 923(m), the Attorney General may
implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph may not
include any provision requiring licensees to facilitate
transfers in accordance with paragraph (2)(A).
``(C) Regulations promulgated under this paragraph may not
include any provision requiring persons not licensed under
this chapter to keep records of background checks or firearms
transfers.
``(D) Regulations promulgated under this paragraph may not
include any provision placing a cap on the fee licensees may
charge to facilitate transfers in accordance with paragraph
(2)(A).
``(5)(A) A person other than a licensed importer, licensed
manufacturer, or licensed dealer, who makes a transfer of a
firearm in accordance with this section, or who is the
organizer of a gun show or event at which such transfer
occurs, shall be immune from a qualified civil liability
action relating to the transfer of the firearm as if the
person were a seller of a qualified product.
``(B) A provider of an interactive computer service shall
be immune from a qualified civil liability action relating to
the transfer of a firearm as if the provider of an
interactive computer service were a seller of a qualified
product.
``(C) In this paragraph--
``(i) the term `interactive computer service' shall have
the meaning given the term in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)); and
``(ii) the terms `qualified civil liability action',
`qualified product', and `seller' shall have the meanings
given the terms in section 4 of the Protection of Lawful
Commerce in Arms Act (15 U.S.C. 7903).
``(D) Nothing in this paragraph shall be construed to
affect the immunity of a provider of an interactive computer
service under section 230 of the Communications Act of 1934
(47 U.S.C. 230).
``(6) In any civil liability action in any State or Federal
court arising from the criminal or unlawful use of a firearm
following a transfer of such firearm for which no background
check was required under this section, this section shall not
be construed--
``(A) as creating a cause of action for any civil
liability; or
``(B) as establishing any standard of care.
``(7) For purposes of this subsection, the term `gun show
or event'--
``(A) means any event at which 75 or more firearms are
offered or exhibited for sale, exchange, or transfer, if 1 or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce; and
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the
personal collection of that individual, at the private
residence of that individual, if the individual is not
required to be licensed under section 923.''.
(b) Prohibiting the Seizure of Records or Documents.--
Section 923(g)(1)(D) is amended by striking, ``The inspection
and examination authorized by this paragraph shall not be
construed as authorizing the Attorney General to seize any
records or other documents other than those records or
documents constituting material evidence of a violation of
law,'' and inserting the following: ``The Attorney General
shall be prohibited from seizing any records or other
documents in the course of an inspection or examination
authorized by this paragraph other than those records or
documents constituting material evidence of a violation of
law.''.
(c) Prohibition of National Gun Registry.--Section 923 of
title 18, United States Code, is amended by adding at the end
the following:
``(m) The Attorney General may not consolidate or
centralize the records of the--
``(1) acquisition or disposition of firearms, or any
portion thereof, maintained by--
``(A) a person with a valid, current license under this
chapter;
``(B) an unlicensed transferor under section 922(t); or
``(2) possession or ownership of a firearm, maintained by
any medical or health insurance entity.''.
(d) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of title 18, United
States Code, is amended, in the matter preceding subparagraph
(A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and
inserting ``and (g)(5)(B)''.
(2) Consolidated and further continuing appropriations act,
2012.--Section 511 of title V of division B of the
Consolidated and Further Continuing Appropriations Act, 2012
(18 U.S.C. 922 note) is amended by striking ``subsection
922(t)'' and inserting ``subsection (s) or (t) of section
922'' each place it appears.
SEC. 623. PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(8) Whoever makes or attempts to make a transfer of a
firearm in violation of section 922(t) to a person not
licensed under this chapter who is prohibited from receiving
a firearm under subsection (g) or (n) of section 922 or State
law, to a law enforcement officer, or to a person acting at
the direction of, or with the approval of, a law enforcement
officer authorized to investigate or prosecute violations of
section 922(t), shall be fined under this title, imprisoned
not more than 5 years, or both.''; and
(2) by adding at the end the following:
``(q) Improper Use of Storage of Records.--Any person who
knowingly violates section 923(m) shall be fined under this
title, imprisoned not more than 15 years, or both.''.
SEC. 624. FIREARMS DISPOSITIONS.
Section 922(b)(3) of title 18, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``located'' and inserting ``located or temporarily located'';
and
(2) in subparagraph (A)--
(A) by striking ``rifle or shotgun'' and inserting
``firearm'';
(B) by striking ``located'' and inserting ``located or
temporarily located''; and
(C) by striking ``both such States'' and inserting ``the
State in which the transfer is conducted and the State of
residence of the transferee''.
SEC. 625. FIREARM DEALER ACCESS TO LAW ENFORCEMENT
INFORMATION.
Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note),
is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Voluntary background checks.--Not later than 90 days
after the date of enactment of the Public Safety and Second
Amendment Rights Protection Act of 2016, the Attorney General
shall promulgate regulations allowing licensees to use the
National Instant Criminal Background Check System established
under this section for purposes of conducting voluntary
preemployment background checks on prospective employees.''.
SEC. 626. DEALER LOCATION.
Section 923 of title 18, United States Code, is amended--
(1) in subsection (j)--
(A) in the first sentence, by striking ``, and such
location is in the State which is specified on the license'';
and
(B) in the last sentence--
(i) by inserting ``transfer,'' after ``sell,''; and
(ii) by striking ``Act,'' and all that follows and
inserting ``Act.''; and
(2) by adding after subsection (m), as added by section
622(c), the following:
``(n) Nothing in this chapter shall be construed to
prohibit the sale, transfer, delivery, or other disposition
of a firearm or ammunition not otherwise prohibited under
this chapter--
``(1) by a person licensed under this chapter to another
person so licensed, at any location in any State; or
``(2) by a licensed importer, licensed manufacturer, or
licensed dealer to a person not licensed under this chapter,
at a temporary location described in subsection (j) in any
State.''.
SEC. 627. 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. 628. INTERSTATE TRANSPORTATION OF FIREARMS OR
AMMUNITION.
(a) In General.--Section 926A of title 18, United States
Code, is amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or
ammunition
``(a) Definition.--In this section, the term `transport'--
``(1) includes staying in temporary lodging overnight,
stopping for food, fuel, vehicle maintenance, an emergency,
medical treatment, and any other activity incidental to the
transport; and
``(2) does not include transportation--
``(A) with the intent to commit a crime punishable by
imprisonment for a term exceeding 1 year that involves a
firearm; or
``(B) with knowledge, or reasonable cause to believe, that
a crime described in subparagraph (A) is to be committed in
the course of, or arising from, the transportation.
[[Page S4008]]
``(b) Authorization.--Notwithstanding any provision of any
law (including a rule or regulation) of a State or any
political subdivision thereof, a person who is not prohibited
by this chapter from possessing, transporting, shipping, or
receiving a firearm or ammunition shall be entitled to--
``(1) transport a firearm for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the firearm to any other such place if, during the
transportation--
``(A) the firearm is unloaded; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the firearm is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the firearm is--
``(aa) in a locked container other than the glove
compartment or console; or
``(bb) secured by a secure gun storage or safety device; or
``(ii) if the transportation is by other means, the firearm
is in a locked container or secured by a secure gun storage
or safety device; and
``(2) transport ammunition for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the ammunition, to any other such place if, during
the transportation--
``(A) the ammunition is not loaded into a firearm; and
``(B)(i) if the transportation is by motor vehicle--
``(I) the ammunition is not directly accessible from the
passenger compartment of the motor vehicle; or
``(II) if the motor vehicle is without a compartment
separate from the passenger compartment, the ammunition is in
a locked container other than the glove compartment or
console; or
``(ii) if the transportation is by other means, the
ammunition is in a locked container.
``(c) Limitation on Arrest Authority.--A person who is
transporting a firearm or ammunition may not be--
``(1) arrested for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is probable cause that
the transportation is not in accordance with subsection (b);
or
``(2) detained for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is reasonable suspicion
that the transportation is not in accordance with subsection
(b).''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, is
amended by striking the item relating to section 926A and
inserting the following:
``926A. Interstate transportation of firearms or ammunition.''.
SEC. 629. RULE OF CONSTRUCTION.
Nothing in this subtitle, or an amendment made by this
subtitle, shall be construed--
(1) to extend background check requirements to transfers
other than those made at gun shows or on the curtilage
thereof, or pursuant to an advertisement, posting, display,
or other listing on the Internet or in a publication by the
transferor of the intent of the transferor to transfer, or
the transferee of the intent of the transferee to acquire,
the firearm; or
(2) to extend background check requirements to temporary
transfers for purposes including lawful hunting or sporting
or to temporary possession of a firearm for purposes of
examination or evaluation by a prospective transferee.
SEC. 630. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take
effect 180 days after the date of enactment of this Act.
(b) Firearm Dealer Access to Law Enforcement Information.--
Section 625 and the amendments made by section 625 shall take
effect on the date of enactment of this Act.
Subtitle C--National Commission on Mass Violence
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``National Commission on
Mass Violence Act of 2016''.
SEC. 642. NATIONAL COMMISSION ON MASS VIOLENCE.
(a) Establishment of Commission.--There is established a
commission to be known as the National Commission on Mass
Violence (in this subtitle referred to as the ``Commission'')
to study the availability and nature of firearms, including
the means of acquiring firearms, issues relating to mental
health, and all positive and negative impacts of the
availability and nature of firearms on incidents of mass
violence or in preventing mass violence.
(b) Membership.--
(1) Appointments.--The Commission shall be composed of 12
members, of whom--
(A) 6 members of the Commission shall be appointed by the
Majority Leader of the Senate, in consultation with the
Democratic leadership of the House of Representatives, 1 of
whom shall serve as Chairman of the Commission; and
(B) 6 members of the Commission shall be appointed by the
Speaker of the House of Representatives, in consultation with
the Republican leadership of the Senate, 1 of whom shall
serve as Vice Chairman of the Commission.
(2) Persons eligible.--
(A) In general.--The members appointed to the Commission
shall include--
(i) well-known and respected individuals among their peers
in their respective fields of expertise; and
(ii) not less than 1 non-elected individual from each of
the following categories, who has expertise in the category,
by both experience and training:
(I) Firearms.
(II) Mental health.
(III) School safety.
(IV) Mass media.
(B) Experts.--In identifying the individuals to serve on
the Commission, the appointing authorities shall take special
care to identify experts in the fields described in section
643(a)(2).
(C) Party affiliation.--Not more than 6 members of the
Commission shall be from the same political party.
(3) Completion of appointments; vacancies.--Not later than
30 days after the date of enactment of this Act, the
appointing authorities under paragraph (1) shall each make
their respective appointments. Any vacancy that occurs during
the life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 30 days after the vacancy
occurs.
(4) Operation of the commission.--
(A) Meetings.--
(i) In general.--The Commission shall meet at the call of
the Chairman.
(ii) Initial meeting.--The initial meeting of the
Commission shall be conducted not later than 30 days after
the later of--
(I) the date of the appointment of the last member of the
Commission; or
(II) the date on which appropriated funds are available for
the Commission.
(B) Quorum; vacancies; voting; rules.--A majority of the
members of the Commission shall constitute a quorum to
conduct business, but the Commission may establish a lesser
quorum for conducting hearings scheduled by the Commission.
Each member of the Commission shall have 1 vote, and the vote
of each member shall be accorded the same weight. The
Commission may establish by majority vote any other rules for
the conduct of the Commission's business, if such rules are
not inconsistent with this subtitle or other applicable law.
SEC. 643. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive factual study of incidents of mass
violence, including incidents of mass violence not involving
firearms, in the context of the many acts of senseless mass
violence that occur in the United States each year, in order
to determine the root causes of such mass violence.
(2) Matters to be studied.--In determining the root causes
of these recurring and tragic acts of mass violence, the
Commission shall study any matter that the Commission
determines relevant to meeting the requirements of paragraph
(1), including at a minimum--
(A) the role of schools, including the level of involvement
and awareness of teachers and school administrators in the
lives of their students and the availability of mental health
and other resources and strategies to help detect and counter
tendencies of students towards mass violence;
(B) the effectiveness of and resources available for school
security strategies to prevent incidents of mass violence;
(C) the role of families and the availability of mental
health and other resources and strategies to help families
detect and counter tendencies toward mass violence;
(D) the effectiveness and use of, and resources available
to, the mental health system in understanding, detecting, and
countering tendencies toward mass violence, as well as the
effects of treatments and therapies;
(E) whether medical doctors and other mental health
professionals have the ability, without negative legal or
professional consequences, to notify law enforcement
officials when a patient is a danger to himself or others;
(F) the nature and impact of the alienation of the
perpetrators of such incidents of mass violence from their
schools, families, peer groups, and places of work;
(G) the role that domestic violence plays in causing
incidents of mass violence;
(H) the effect of depictions of mass violence in the media,
and any impact of such depictions on incidents of mass
violence;
(I) the availability and nature of firearms, including the
means of acquiring such firearms, and all positive and
negative impacts of such availability and nature on incidents
of mass violence or in preventing mass violence;
(J) the role of current prosecution rates in contributing
to the availability of weapons that are used in mass
violence;
(K) the availability of information regarding the
construction of weapons, including explosive devices, and any
impact of such information on such incidents of mass
violence;
(L) the views of law enforcement officials, religious
leaders, mental health experts, and other relevant officials
on the root causes and prevention of mass violence;
[[Page S4009]]
(M) incidents in which firearms were used to stop mass
violence; and
(N) any other area that the Commission determines
contributes to the causes of mass violence.
(3) Testimony of victims and survivors.--In determining the
root causes of these recurring and tragic incidents of mass
violence, the Commission shall, in accordance with section
644(a), take the testimony of victims and survivors to learn
and memorialize their views and experiences regarding such
incidents of mass violence.
(b) Recommendations.--Based on the findings of the study
required under subsection (a), the Commission shall make
recommendations to the President and Congress to address the
causes of these recurring and tragic incidents of mass
violence and to reduce such incidents of mass violence.
(c) Reports.--
(1) Interim report.--Not later than 3 months after the date
on which the Commission first meets, the Commission shall
submit to the President and Congress an interim report
describing any initial recommendations of the Commission.
(2) Final report.--Not later than 6 months after the date
on which the Commission first meets, the Commission shall
submit to the President and Congress a comprehensive report
of the findings and conclusions of the Commission, together
with the recommendations of the Commission.
(3) Summaries.--The report under paragraph (2) shall
include a summary of--
(A) the reports submitted to the Commission by any entity
under contract for research under section 644(e); and
(B) any other material relied on by the Commission in the
preparation of the report.
SEC. 644. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section
643.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal agency such information as
the Commission considers necessary to carry out its duties
under section 643. Upon the request of the Commission, the
head of such agency may furnish such information to the
Commission.
(c) Information to Be Kept Confidential.--
(1) In general.--The Commission shall be considered an
agency of the Federal Government for purposes of section 1905
of title 18, United States Code, and any individual employed
by any individual or entity under contract with the
Commission under subsection (d) shall be considered an
employee of the Commission for the purposes of section 1905
of title 18, United States Code.
(2) Disclosure.--Information obtained by the Commission or
the Attorney General under this subtitle and shared with the
Commission, other than information available to the public,
shall not be disclosed to any person in any manner, except--
(A) to Commission employees or employees of any individual
or entity under contract to the Commission under subsection
(d) for the purpose of receiving, reviewing, or processing
such information;
(B) upon court order; or
(C) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person or business entity; or
(ii) any information which could not be released under
section 1905 of title 18, United States Code.
(d) Contracting for Research.--The Commission may enter
into contracts with any entity for research necessary to
carry out the duties of the Commission under section 643.
SEC. 645. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional employees as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for
level V of the Executive Schedule under section 5316 of title
5, United States Code. The Chairman may fix the compensation
of other employees without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for such employees may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals not to exceed
the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
and any agency of the Federal Government assisting the
Commission in carrying out its duties under this subtitle
such sums as may be necessary to carry out the purposes of
this subtitle. Any sums appropriated shall remain available,
without fiscal year limitation, until expended.
SEC. 647. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission
submits the final report under section 643(c)(2).
______