[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4316-S4317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4750. Mr. McCONNELL (for Mr. Murphy (for himself, Mr. Booker, Mr.
Blumenthal, Mr. Schumer, and Mr. Cardin)) proposed an amendment 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; as follows:
At the appropriate place, insert the following:
TITLE VI--FIXING GUN CHECKS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Fix Gun Checks Act of
2016''.
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. PENALTIES FOR STATES THAT DO NOT MAKE DATA
ELECTRONICALLY AVAILABLE TO THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
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.--Within 1 year after the date of the
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish, for each State
or Indian tribal government, a plan to ensure maximum
coordination and automation of the reporting of records or
making of records available to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act, during a 4-year period
specified in the plan.
``(2) Benchmark requirements.--Each such plan shall include
annual benchmarks, including qualitative goals and
quantitative measures, to enable the Attorney General to
assess implementation of the plan.
``(3) Penalties for noncompliance.--
``(A) In general.--During the 4-year period covered by such
a plan, the Attorney General shall withhold the following
percentage 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 following year in the period:
``(i) 10 percent, in the case of the 1st year in the
period.
``(ii) 11 percent, in the case of the 2nd year in the
period.
``(iii) 13 percent, in the case of the 3rd year in the
period.
``(iv) 15 percent, in the case of the 4th year in the
period.
``(B) Failure to establish a plan.--A State with respect to
which a plan is not established under paragraph (1) shall be
treated as having not met any benchmark established under
paragraph (2).''.
SEC. 612. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY
HAVE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM ALL RECORDS IDENTIFYING
PERSONS PROHIBITED FROM PURCHASING FIREARMS
UNDER FEDERAL LAW.
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) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal department or
agency shall submit to the Attorney General a written
certification indicating whether the department or agency has
provided to the Attorney General the pertinent information
contained in any record of any person that the department or
agency was in possession of during the time period addressed
by the certification demonstrating that the person falls
within a category described in subsection (g) or (n) of
section 922 of title 18, United States Code.
``(ii) Submission dates.--The head of a Federal department
or agency shall submit a certification under clause (i)--
``(I) not later than July 31 of each year, which shall
address any record the department or agency was in possession
of during the period beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of each year, which shall
address any record the department or agency was in possession
of during the period beginning on July 1 of the previous year
and ending on December 31 of the previous year.
``(iii) Contents.--A certification required under clause
(i) shall state, for the applicable period--
``(I) the number of records of the Federal department or
agency demonstrating that a person fell within each of the
categories described in section 922(g) of title 18, United
States Code;
``(II) the number of records of the Federal department or
agency demonstrating that a person fell within the category
described in section 922(n) of title 18, United States Code;
and
``(III) for each category of records described in
subclauses (I) and (II), the total number of records of the
Federal department or agency that have been provided to the
Attorney General.''.
SEC. 613. ADJUDICATED AS A MENTAL DEFECTIVE.
(a) In General.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section 478.11 of
title 27, Code of Federal Regulations, or any successor
thereto; and
``(B) include an order by a court, board, commission, or
other lawful authority that a person, in response to mental
illness, incompetency, or marked subnormal intelligence, be
compelled to receive services--
``(i) including counseling, medication, or testing to
determine compliance with prescribed medications; and
``(ii) not including testing for use of alcohol or for
abuse of any controlled substance or other drug.
``(37) The term `committed to a mental institution' shall
have the meaning given the term in section 478.11 of title
27, Code of Federal Regulations, or any successor thereto.''.
(b) Limitation.--An individual who has been adjudicated as
a mental defective before the date that is 180 days after the
date of enactment of this Act may not apply for relief from
disability under section 101(c)(2) of the NICS Improvement
Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that
the individual does not meet the requirements in section
921(a)(36) of title 18, United States Code, as added by
subsection (a).
(c) NICS Improvement Amendments Act of 2007.--Section 3 of
the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922
note) is amended by striking paragraph (2) and inserting the
following:
``(2) Mental health terms.--
``(A) In general.--Except as provided in subparagraph (B),
the terms `adjudicated as a mental defective' and `committed
to a mental institution' shall have the meanings given the
terms in section 921(a) of title 18, United States Code.
``(B) Exception.--For purposes of sections 102 and 103, the
terms `adjudicated as a mental defective' and `committed to a
mental institution' shall have the same meanings as on the
day before the date of enactment of the Fix Gun Checks Act of
2016 until the end of the 2-year period beginning on such
date of enactment.''.
SEC. 614. 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 Protection
Act (18 U.S.C. 922 note), as amended by section 612 of this
Act, is amended by adding at the end the following:
``(G) 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. 621. PURPOSE.
The purpose of this subtitle is to extend the Brady Law
background check procedures to all sales and transfers of
firearms.
SEC. 622. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States
Code, is amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
[[Page S4317]]
(2) in subsection (s), as so 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
(3) by inserting after subsection (s), as so redesignated,
the following:
``(t)(1) It shall be unlawful for any person who is not a
licensed importer, licensed manufacturer, or licensed dealer
to transfer a firearm to any other person who is not so
licensed, 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 inventory of the licensee
to the unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) a transfer of a firearm by or to any law enforcement
agency or any law enforcement officer, armed private security
professional, or member of the armed forces, to the extent
the officer, professional, or member is acting within the
course and scope of employment and official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, between siblings, or between grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs
by operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery or other
area designated and built for the purpose of target shooting;
``(ii) while hunting, trapping, or fishing, if the hunting,
trapping, or fishing is legal in all places where the
transferee possesses the firearm and the transferee holds all
licenses or permits required for such hunting, trapping, or
fishing; or
``(iii) while in the presence of the transferor.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of such title 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 such title is amended in
the matter preceding paragraph (1), by striking ``subsection
(s) or (t) of section 922'' and inserting ``section 922(s)''.
(c) Effective Date.--The amendment made by subsection
(a)(4) shall take effect 180 days after the date of the
enactment of this Act.
SEC. 623. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(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 48 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)(B) of such title is amended
to read as follows:
``(B) knowingly violates subsection (a)(4), (f), (k), (q),
or (aa) of section 922;''.
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