[Congressional Record Volume 171, Number 60 (Thursday, April 3, 2025)]
[Senate]
[Pages S2173-S2182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. CANTWELL (for herself, Mr. Grassley, Mr. Moran, Ms.
Klobuchar, Ms. Murkowski, Mr. Warner, Mr. McConnell, and Mr.
Bennet):
S. 1272. A bill to provide for notification to, and review by,
Congress with respect to the imposition of duties; to the Committee on
Finance.
Ms. CANTWELL. Mr. President, I rise today to speak about the
important role that Congress plays in ensuring our economy remains
strong, and very important for the American people, to lower costs.
That is why today I am inducing legislation by myself and Senator
Grassley. Congress has a duty to ensure that our country remains
competitive and leads in the global marketplace. American families rely
on our economy for goods and to make ends meet and to provide shelter.
American manufacturers rely on an economy to maintain resilient
supply chains, keep production lines open--and that means aircraft from
Everett, WA, or cars and trucks from Detroit, MI.
American farmers rely on our economy to keep fields planted--
production in eastern Washington and northern and central Iowa depend
on the cost of fertilizer, seed, and equipment.
Small business owners across the country depend on consumer
confidence in our economy so that they can keep sales and stay afloat.
Sharp increases propose a major threat to that economy.
Inflation and high costs are a threat to stability and prosperity of
American
[[Page S2174]]
businesses of all size, to our farmers, and to our consumers. We live
now in an interconnected world--a global economy--and advances in
technology and transportation have brought that world closer and closer
together. We have a global economy.
That is why it is so important to have rules-based trading systems
that have been in place since World War II, and it is the bedrock of a
global economy. That is to have rules. Rules-based trade is essential
to have predictable and stable trade and promoting economic growth and
development and global cooperation.
No doubt, opening up markets has grown the pie, not just for those
economies, but for the U.S. economy. When you establish clear rules-
based mechanisms, you can also resolve trade disputes and encourage
more investment and more trade.
Businesses need this certainty to move forward with deals, to reach
new markets, and grow. But now we are seeing a barrage of tariffs on at
least 185 countries.
We cannot have arbitrary policies create chaos and uncertainty. These
kinds of chaos and uncertainty kill business investment and make for
very challenging stock market assessments of investments for the future
based on predictability.
The current approach, in my opinion, is outside the predictable,
rules-based system. It is arguable that the current approach is
literally a misconstruction of statutory authorities.
But what we know today for sure is that 95 percent of the world's
consumers are outside of the United States. That means the global
middle class includes almost 4 billion people. Those are markets for
American businesses, for farmers to reach to grow and prosper.
According to the World Bank, in the recent decade, trade has lifted 1
billion people out of poverty. My colleagues here, who have worked on
deals in the past that opened up markets in places like Chile, Peru,
Singapore, the Central America Free Trade Agreement, the update of the
USMCA, all know that this hard work created economic opportunity.
Our trade agreements helped American farmers export $176 billion in
agricultural products last year. They helped ensure that the United
States is the world's largest agriculture exporter, with soybeans and
corn leading the way as the top export.
I want to return to trade agreements. I want to open up more markets.
I want us to have a robust export opportunity for the excellent U.S.
manufactured and grown products.
Our trade agreements have ensured that the U.S. remained the second
largest exporter of manufactured goods in the world--$2.06 trillion in
2024.
And it is clear today, the United States must be competing hard to
win in the race for emerging technologies like AI and quantum. Our
foreign adversaries and our competitors are in this global race too.
So that is why economic disruption puts America at risk. Straining
ties with trade alliances also put us at a security risk. Trade wars
have lasting consequences. Trade wars devastate Americans working
families and small businesses and manufacturers.
Article I, section 8 of the U.S. Constitution gave Congress--gave
Congress--the explicit authority to impose duties and regulate
commerce, given the far-reaching impact to our national economy that I
just mentioned.
As ranking member of the Commerce Committee, and my colleague from
the Senate Finance Committee, we both know how much our Nation needs to
continue to have interstate commerce and to have foreign commerce.
Since the 1930s, Congress has enacted or directed the President to
negotiate trade deals, including authority to negotiate the agreements
and impose or adjust tariffs.
But I think these Presidents have used this authority correctly by
opening up markets, lowering tariffs, and establishing a rules-based
trading system. The current approach, I believe, is creating
uncertainty and certainly raising costs unnecessarily.
Businesses rely on certainty and transparency from a rules-based
trading system. So how has Congress done on these issues? Well, it is
time, I believe, for Congress to reassert ourselves in our
constitutional duties.
Article I of the Constitution also gave Congress the power to declare
war. The Founding Fathers wanted to prevent any single individual from
unilaterally committing our Nation to war. The Founding Fathers wanted
to ensure that we had a strong check and balance.
I believe the same check and balance needs to exist now as it relates
to protecting our commerce activities and any Presidential overreach
that is not a rules-based approach.
Congress, in the War Powers Act, decided to reclaim its authority
because they thought a President had overreached. Senator Grassley and
I are trying to do the same thing today by introducing the Trade Review
Act of 2025.
Trade wars--which frequently trigger sharp price increases, foreign
retaliation, and huge shock impacts to our economy--could affect the
livelihood of workers, supply chain manufacturers, and hard-won markets
that American exporters have wanted to see continue to be open.
I want to thank Senator Grassley for his leadership over many years
for American farmers, for the people of Iowa, and for our country. I
want to thank him for working with me on the introduction of the Trade
Review Act of 2025 that ensures that Congress plays its constitutional
role in making sure that, as our Founding Fathers intended, we set the
duties and regulate foreign commerce.
This important reassertion of Congress's constitutional role is
important so we have a strong voice in trade policy. This legislation,
as I said, modeled after the War Powers Act, says that a President must
notify Congress within 48 hours of imposing or raising tariffs, provide
an explanation of why they are warranted, and an assessment of their
likely impact on American businesses and consumers.
Our legislation, though, protects that constitutional authority by
also saying these tariffs should be reviewed by Congress for approval
or disapproval, and doing so is in the best interest of our country.
I can't tell you how challenging I think competition in a fast-moving
information age global economy is. We can't afford a trade war that
lasts for 2 or 3 years, leaving our product off the shelves.
We must reassert Congress's role over trade policy and ensure that a
rules-based trade system is based on transparency, consistency, and the
benefits of the American public.
______
By Mr. DURBIN (for himself, Ms. Duckworth, Ms. Hirono, Mr.
Padilla, and Mr. Schatz):
S. 1276. A bill to prioritize funding for an expanded and sustained
national investment in basic science research; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. 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. 1276
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation Act''.
SEC. 2. APPROPRIATIONS FOR INNOVATION.
(a) In General.--There are hereby authorized to be
appropriated, and appropriated, out of any monies in the
Treasury not otherwise appropriated, the following:
(1) National science foundation.--For the National Science
Foundation--
(A) for fiscal year 2026, $9,735,000,000;
(B) for fiscal year 2027, $10,447,00,000;
(C) for fiscal year 2028, $11,205,000,000;
(D) for fiscal year 2029, $12,016,000,000;
(E) for fiscal year 2030, $12,886,000,000;
(F) for fiscal year 2031, $13,818,000,000;
(G) for fiscal year 2032, $14,818,000,000;
(H) for fiscal year 2033, $15,892,000,000;
(I) for fiscal year 2034, $17,043,000,000;
(J) for fiscal year 2035, $18,279,000,000; and
(K) for fiscal year 2036 and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during the previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(2) Department of energy, office of science.--For the
Office of Science at the Department of Energy--
(A) for fiscal year 2026, $8,854,000,000;
(B) for fiscal year 2027, $9,501,000,000;
(C) for fiscal year 2028, $10,191,000,000;
(D) for fiscal year 2029, $10,929,000,000;
(E) for fiscal year 2030, $11,720,000,000;
[[Page S2175]]
(F) for fiscal year 2031, $12,568,000,000;
(G) for fiscal year 2032, $13,477,000,000;
(H) for fiscal year 2033, $14,453,000,000;
(I) for fiscal year 2034, $15,501,000,000;
(J) for fiscal year 2035, $16,624,000,000; and
(K) for fiscal year 2036 and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during the previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(3) Department of defense science and technology
programs.--For the Department of Defense science and
technology programs--
(A) for fiscal year 2026, $23,109,000,000;
(B) for fiscal year 2027, $24,799,000,000;
(C) for fiscal year 2028, $26,259,000,000;
(D) for fiscal year 2029, $28,525,000,000;
(E) for fiscal year 2030, $30,590,000,000;
(F) for fiscal year 2031, $32,803,000,000;
(G) for fiscal year 2032, $35,178,000,000;
(H) for fiscal year 2033, $37,725,000,000;
(I) for fiscal year 2034, $40,459,000,000;
(J) for fiscal year 2035, $43,392,000,000; and
(K) for fiscal year 2036 and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during the previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(4) National institute of standards and technology
scientific and technical research and services.--For the
scientific and technical research and services of the
National Institute of Standards and Technology at the
Department of Commerce--
(A) for fiscal year 2026, $1,244,000,000;
(B) for fiscal year 2027, $1,335,000,000;
(C) for fiscal year 2028, $1,431,000,000;
(D) for fiscal year 2029, $1,535,000,000;
(E) for fiscal year 2030, $1,646,000,000;
(F) for fiscal year 2031, $1,765,000,000;
(G) for fiscal year 2032, $1,893,000,000;
(H) for fiscal year 2033, $2,030,000,000;
(I) for fiscal year 2034, $2,177,000,000;
(J) for fiscal year 2035, $2,335,000,000; and
(K) for fiscal year 2036 and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during the previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(5) National aeronautics and space administration science
mission directorate.--For the Science Mission Directorate at
the National Aeronautics and Space Administration--
(A) for fiscal year 2026, $7,880,000,000;
(B) for fiscal year 2027, $8,457,000,000;
(C) for fiscal year 2028, $9,070,000,000;
(D) for fiscal year 2029, $9,727,000,000;
(E) for fiscal year 2030, $10,431,000,000;
(F) for fiscal year 2031, $11,186,000,000;
(G) for fiscal year 2032, $11,995,000,000;
(H) for fiscal year 2033, $12,864,000,000;
(I) for fiscal year 2034, $13,796,000,000;
(J) for fiscal year 2035, $14,796,000,000; and
(K) for fiscal year 2036 and each fiscal year thereafter,
the amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase (if any),
during the previous fiscal year, in the Consumer Price Index
for all urban consumers published by the Bureau of Labor
Statistics.
(b) Availability.--Amounts appropriated under subsection
(a) shall remain available until expended.
(c) Definitions.--In this section:
(1) Department of defense science and technology
programs.--The term ``Department of Defense science and
technology programs'' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the Department of Defense science and technology
programs.
(2) National science foundation.--The term ``National
Science Foundation'' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the National Science Foundation.
(3) Office of science at the department of energy.--The
term ``Office of Science at the Department of Energy'' means
the appropriations accounts that support the various
institutes, offices, and centers that make up the Department
of Energy Office of Science.
(4) Science mission directorate at the national aeronautics
and space administration.--The term ``Science Mission
Directorate at the National Aeronautics and Space
Administration'' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the National Aeronautics and Space Administration
Science Mission Directorate.
(5) Scientific and technical research and services of the
national institute of standards and technology.--The term
``scientific and technical research and services of the
National Institute of Standards and Technology'' means the
appropriations accounts that support the various institutes,
offices, and centers that make up the National Institute of
Standards and Technology scientific and technical research
and services.
(d) Exemption of Certain Appropriations From
Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Advances to the
Unemployment Trust Fund and Other Funds (16-0327-0-1-600).''
the following:
``Appropriations under the American Innovation Act.''.
(2) Applicability.--The amendment made by this section
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
(e) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
______
By Mr. DURBIN (for himself, Mr. Whitehouse, Mr. Blumenthal, Ms.
Hirono, Mr. Booker, Mr. Padilla, Mr. Welch, Mrs. Shaheen, and
Mr. Reed):
S. 1294. A bill to modernize the business of selling firearms; to the
Committee on the Judiciary.
Mr. DURBIN. 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. 1294
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 ``Federal
Firearm Licensee Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Repeal of temporary Brady provision.
Sec. 5. Physical security of licensee premises.
Sec. 6. Business inventory firearms.
Sec. 7. Electronic records.
Sec. 8. Notification of default transfers.
Sec. 9. Multiple firearm sales records and reports.
Sec. 10. Safety devices and warnings to purchasers.
Sec. 11. Inspections.
Sec. 12. Authority with regard to license issuance and renewal.
Sec. 13. Increased licensing fees.
Sec. 14. Elimination of obligatory stay of effective date of license
revocation.
Sec. 15. Elimination of relief for dealers indicted for a crime
punishable by imprisonment for a term exceeding one year.
Sec. 16. Elimination of relief while Federal disability relief
application pending.
Sec. 17. Presumption of knowledge of State law in sale of long guns to
residents of another State.
Sec. 18. Increased penalties for knowing transfer of firearm without
conducting a background check.
Sec. 19. Unlawful acts upon incurring Federal disability or notice of
license suspension, revocation, or denied renewal.
Sec. 20. Regulation of facilitators of firearm transfers.
Sec. 21. Dealer and employee background checks.
Sec. 22. Liability standards.
Sec. 23. Civil enforcement.
Sec. 24. Removal of bar on civil proceedings if criminal proceedings
terminated.
Sec. 25. Repeal of certain limitations.
Sec. 26. Authority to hire additional industry operation investigators
for Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 27. Report on implementation of this Act.
Sec. 28. Annual licensed dealer inspections report and analysis.
Sec. 29. Deadline for issuance of final regulations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A growing body of evidence demonstrates that firearm
dealers' sales practices affect the probability of firearms
getting to criminals and that policies designed to hold
firearm sellers accountable can curtail the diversion of
firearms to criminals.
(2) Federal laws governing firearm dealers--
(A) have not been updated in more than 30 years;
(B) contain safeguards that protect dealers who engage in
illegal practices from adverse enforcement action;
(C) frustrate law enforcement efforts to curb firearm
trafficking and violence; and
(D) are, thus, inadequate to meet the realities of the 21st
century.
(3)(A) The Tiahrt Amendments, for one--
(i) severely limit the authority of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (commonly known as the
``ATF'') to disclose crime firearm trace data to the public;
(ii) prevent--
(I) the collection of valuable information; and
(II) the establishment of effective policies to prevent
illegal firearms from being used in crimes; and
[[Page S2176]]
(iii) impede enforcement of the firearm laws by--
(I) requiring most background check records to be destroyed
within 24 hours; and
(II) barring the Government from requiring owners of
firearm shops to conduct annual inventory audits.
(B) Repealing the Tiahrt Amendments would support law
enforcement efforts and give the public vital information
needed to craft the most effective policies against illegal
firearms.
(4) Additionally, Federal law imposes no requirements that
firearm dealers physically secure their highly valuable and
lethal inventory. The number of firearm thefts from licensed
firearm dealers has increased more than the number from any
other source. Between 2013 and 2017, the number of firearms
stolen in firearm-dealer burglaries more than doubled and the
number of firearms stolen in firearm-dealer robberies
tripled.
SEC. 3. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended
by adding at the end the following:
``(38) The term `facilitator' means any person engaged in
the business of hosting a commercial marketplace in which
offers for firearm sales, purchases, or other transfers are
allowed to be made, except that such a person shall not be
considered to be a facilitator with respect to any
transaction that is made through the use of a website or
mobile application owned or operated by the person if--
``(A) the transaction violates the terms of service of the
website or mobile application; and
``(B) the person has made a good faith effort to enforce
the terms of service by, at a minimum, auditing firearms
transactions on a quarterly basis to ensure compliance with
this chapter.
``(39) The term `occasional' means, with respect to
transactions, fewer than 5 transactions in a 12-month period.
``(40) The term `personal collection' includes any firearm
obtained only for the personal use of an individual and not
for the purpose of selling or trading, except that a firearm
obtained through inheritance shall not be considered part of
a personal collection until the firearm has been possessed
for 1 year.
``(41) The term `business inventory firearm' means, with
respect to a person, a firearm required by law to be recorded
in the acquisition and disposition logs of any firearms
business of the person.
``(42)(A) The term `frame' means the part of a handgun, or
a variant thereof, that provides housing or a structure for
the primary energized component designed to hold back the
hammer, striker, bolt, or similar component prior to
initiation of the firing sequence (such as a sear or the
equivalent), even if pins or other attachments are required
to connect such component to the housing or structure.
``(B) The term `receiver' means the part of a rifle,
shotgun, or projectile weapon other than a handgun, or a
variant thereof, that provides housing or a structure for the
primary component designed to block or seal the breech prior
to initiation of the firing sequence (such as a bolt,
breechblock, or the equivalent), even if pins or other
attachments are required to connect such component to the
housing or structure.
``(C) For purposes of this paragraph, the term `variant'
means a weapon utilizing a similar frame or receiver design
irrespective of new or different model designations or
configurations, characteristics, features, components,
accessories, or attachments. For example, an AK-type firearm
with a short stock and a pistol grip is a pistol variant of
an AK-type rifle, an AR-type firearm with a short stock and a
pistol grip is a pistol variant of an AR-type rifle, and a
revolving cylinder shotgun is a shotgun variant of a
revolver.
``(43) The term `semiautomatic shotgun' means any repeating
shotgun that--
``(A) utilizes a portion of the energy of a firing shell to
extract the fired shell casing and chamber the next round;
and
``(B) requires a separate pull of the trigger to fire each
shell.''.
SEC. 4. REPEAL OF TEMPORARY BRADY PROVISION.
(a) In General.--Section 922 of title 18, United States
Code, is amended by striking subsection (s).
(b) Conforming Amendments.--Chapter 44 of title 18, United
States Code, is amended--
(1) in section 922--
(A) in subsection (t)--
(i) in paragraph (3)(C)(ii), by striking ``(as defined in
subsection (s)(8))''; and
(ii) by adding at the end the following:
``(8) For purposes of 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
(B) in subsection (y)(2), in the matter preceding
subparagraph (A), by striking ``, (g)(5)(B), and
(s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)'';
(2) in section 924(a)(5), by striking ``subsection (s) or
(t) of section 922'' and inserting ``section 922(t)''; and
(3) in section 925A, in the matter preceding paragraph (1),
by striking ``subsection (s) or (t) of section 922'' and
inserting ``section 922(t)''.
SEC. 5. PHYSICAL SECURITY OF LICENSEE PREMISES.
(a) Security Plan Submission Requirement.--
(1) In general.--Section 923(d)(1)(G) of title 18, United
States Code, is amended--
(A) by striking ``, the applicant'' and inserting the
following: ``--
``(i) the applicant'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(ii) the applicant--
``(I) submits with the application a security plan that
describes how the applicant will secure, in accordance with
the regulations issued under section 926(d), the premises
from which the applicant will conduct business under the
license (including in the event of a natural disaster or
other emergency); and
``(II) certifies that, if issued such a license, the
applicant will comply with the plan described in subclause
(I).''.
(2) Written approval required before license renewal.--
Section 923(d)(1) of title 18, United States Code, is
amended--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), as amended by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) in the case of an application to renew a license to
deal in firearms--
``(i) the license is not suspended;
``(ii) no license issued to the applicant under this
chapter has been revoked; and
``(iii) the Attorney General has inspected the premises and
provided written approval of the security plan submitted by
the applicant under subparagraph (G)(ii)(I).''.
(3) Applicability to existing dealers whose license will
expire .--
(A) In general.--If, not later than 1 year after the date
on which regulations are prescribed under section 926(d) of
title 18, United States Code (as added by subsection (c) of
this section), a person described in subparagraph (B) of this
paragraph submits to the Attorney General a security plan
described in clause (ii)(I) of section 923(d)(1)(G) of that
title (as added by paragraph (1) of this subsection), the
security plan shall be considered to have been submitted in
accordance with such section 923(d)(1)(G).
(B) Person described.--A person described in this
subparagraph is a person--
(i) who, on the date of enactment of this Act, is a
licensed dealer (as defined in section 921(a)(11) of title
18, United States Code); and
(ii) whose license to deal in firearms issued under chapter
44 of title 18, United States Code, will expire on or after
the date that is 1 year after the date on which regulations
are prescribed under section 926(d) of that title (as added
by subsection (c) of this section).
(b) Annual Compliance Certification Requirement.--
(1) In general.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Annual Certification.--
``(1) In general.--Each licensed manufacturer, licensed
importer, and licensed dealer shall--
``(A) annually certify to the Attorney General that each
premises from which the licensee conducts business subject to
license under this chapter is in compliance with the
regulations prescribed under section 926(d); and
``(B) in the case of a licensed dealer, include with the
certification under subparagraph (A)--
``(i) the results of a reconciliation of the resale
firearms then in the business inventory of the licensee
against the resale firearms in the business inventory of the
licensee at the time of the most recent prior certification
(if any) under this paragraph; and
``(ii) all dispositions and acquisitions of resale firearms
in the year covered by the certification, identifying and
reporting any missing firearm.
``(2) Civil penalty.--The Attorney General shall impose a
civil penalty of not more than $5,000 on, and may suspend the
license issued under this section to, a licensee who fails to
comply with paragraph (1).''.
(2) Applicability.--In the case of a person who, on the
date of enactment of this Act, is a licensee referred to in
section 923(m) of title 18, United States Code (as added by
paragraph (1)), such section 923(m) shall apply to the person
on and after the date that is 1 year after the date on which
regulations are prescribed under subsection (d) of section
926 of that title (as added by subsection (c)(1)).
(c) Regulations.--
(1) In general.--Section 926 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Securing Premises From Theft.--The Attorney General
shall prescribe such regulations as are necessary to ensure
that any premises at which a licensee referred to in section
923(m) conducts business is secure from theft, which shall
include requiring--
``(1) compliance with the security plan submitted by the
licensee pursuant to section 923(d)(1)(G)(ii)(I), if
applicable;
``(2) the use of locked metal cabinets and fireproof safes;
``(3) security systems, video monitoring, and anti-theft
alarms;
``(4) security gates, strong locks, and site hardening;
``(5) concrete bollards and other access controls, if
necessary; and
[[Page S2177]]
``(6) the use of any other security-enhancing features
appropriate for the specific circumstances of the
licensee.''.
(2) Applicability.--The regulations prescribed under
section 926(d) of title 18, United States Code, as added by
paragraph (1), shall not apply to a person who, on the date
of the enactment of this Act, is a licensee referred to in
section 923(m) of that title, until the date that is 1 year
after the date on which the regulations are prescribed.
SEC. 6. BUSINESS INVENTORY FIREARMS.
(a) Requirement to Transfer Firearm in Personal Collection
to Business Inventory Before Disposition.--Section 923(c) of
title 18, United States Code, is amended--
(1) by striking the second sentence and inserting the
following: ``Nothing in this chapter shall be construed to
prohibit a licensed manufacturer, licensed importer, or
licensed dealer from maintaining a personal collection of
firearms.'';
(2) by striking the third sentence; and
(3) by adding at the end the following: ``Any firearm
disposed of by a licensee shall be from the business
inventory of the licensee.''
(b) Licensee Firearms Inventory.--Section 923(g) of title
18, United States Code, is amended by adding at the end the
following:
``(8)(A) Each quarter, a licensee shall conduct a physical
check of the firearms inventory of the business of the
licensee licensed under this chapter and report to the
Attorney General and appropriate local authorities any
firearm that is lost, stolen, or unaccounted for.
``(B) The Attorney General shall prescribe regulations to
implement the requirements under subparagraph (A), which
shall require, at a minimum, that a licensee record, for each
firearm in the inventory of the licensee--
``(i) the date of receipt of the firearm;
``(ii) the name, address, and license number, if
applicable, of the person from whom the firearm was received;
``(iii) the name of the manufacturer and, if applicable,
importer of the firearm;
``(iv) the model, serial number, type, and caliber or gauge
of the firearm; and
``(v) the date of the sale or other disposition of the
firearm.
``(C) Nothing in this paragraph shall be construed to
prohibit the Attorney General from, at any time, requiring
the regular or one-time submission of the inventory records
of a licensee to ensure that the licensee is in compliance
with this chapter.''.
(c) Repeal of Limitations on Imposition of Requirement That
Firearms Dealers Conduct Physical Check of Firearms
Inventory.--
(1) Fiscal year 2013.--The fifth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-
6; 127 Stat. 248) is amended by striking ``and any fiscal
year thereafter''.
(2) Fiscal year 2012.--The matter under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609)
is amended by striking the seventh proviso.
(3) Fiscal year 2010.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2010
(Public Law 111-117; 123 Stat. 3129) is amended by striking
``or any other''.
(4) Fiscal year 2009.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Omnibus Appropriations Act, 2009 (Public
Law 111-8; 123 Stat. 575) is amended by striking ``or any
other''.
(5) Fiscal year 2008.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2008
(Public Law 110-161; 121 Stat. 1904) is amended by striking
``or any other''.
(6) Fiscal year 2006.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title I of
the Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2296)
is amended by striking ``or any other''.
(7) Fiscal year 2005.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title I of
division B of the Consolidated Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2860) is amended by striking
``or any other''.
(8) Fiscal year 2004.--The seventh proviso under the
heading ``salaries and expenses'' under the heading ``Bureau
of Alcohol, Tobacco, Firearms and Explosives'' in title I of
division B of the Consolidated Appropriations Act, 2004
(Public Law 108-199; 118 Stat. 53) is amended by striking
``or any other''.
SEC. 7. ELECTRONIC RECORDS.
(a) Records Retention and Submission.--Section 923(g) of
title 18, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the first sentence, by inserting before the period
at the end the following: ``, except that, notwithstanding
any other provision of law, on and after the date that is 1
year after the date of enactment of the Federal Firearm
Licensee Act, records prepared by a licensee under this
chapter of the sale or other disposition of firearms,
including each firearms transaction record, and the
corresponding record of receipt of such firearms, shall be
retained at the business premises readily accessible for
inspection under this chapter until the business is
discontinued''; and
(B) by striking the second sentence;
(2) in paragraph (5)(A), by inserting ``or electronically
as may be'' after ``submit on a form''; and
(3) in paragraph (7), by inserting ``, electronically,''
after ``orally''.
(b) Records Databases.--Section 923(g) of title 18, United
States Code, as amended by section 6, is amended by adding at
the end the following:
``(9)(A) Not later than 3 years after the date of enactment
of this paragraph, the National Tracing Center of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives shall establish
and maintain electronic, searchable databases of all records
regarding the importation, production, shipment, receipt,
sale, or other disposition of firearms required to be
submitted by licensees to the Attorney General under this
chapter.
``(B) Each licensee under this chapter may provide the
National Tracing Center with electronic access, consistent
with the requirements of this paragraph, to all records
within the possession of the licensee that are required to be
kept under this chapter.
``(C) The National Tracing Center--
``(i) shall have remote access to query, search, or
otherwise access the electronic databases described in
subparagraph (A); and
``(ii) with the permission of a State, or political
subdivision of a State, may query, search, or otherwise
access the databases of the firearms registration system or
pawnbroker records system of the State or political
subdivision.
``(D) The National Tracing Center may query, search, or
otherwise access the electronic databases described in
subparagraph (A) only to obtain information related to any
Federal, State, local, tribal, or foreign criminal
investigation.
``(E) The electronic databases established under
subparagraph (A)--
``(i) shall be electronically searchable by date of
disposition, license number, and the information identified
on each firearm or other firearm descriptor, including the
manufacturer, importer, model, serial number, type, and
caliber or gauge;
``(ii) shall not be electronically searchable by the
personally identifiable information of any individual,
without a warrant authorizing such a search; and
``(iii) shall include in search results the entire contents
of the relevant records kept by the licensee.''.
(c) Video Recordings of Sales and Transfers.--Section
923(g) of title 18, United States Code, as amended by
subsection (b), is amended by adding at the end the
following:
``(10) In accordance with regulations promulgated by the
Attorney General, each licensed dealer operating a location
at which firearms are sold to a person not licensed under
this chapter shall--
``(A) maintain video surveillance of all areas within each
premises where firearms in the business inventory of the
licensee are sold or transferred;
``(B) retain records of the surveillance, including any
sound recording obtained from the surveillance, for a period
of not less than 90 days; and
``(C) post a sign in a conspicuous place and at each public
entrance to the retail location, in block letters not less
than 1 inch in height, stating that the premises are under
video surveillance.''.
(d) Increased Penalties for Licensee Violations Relating to
Acquisition and Disposition Records.--Section 924(a)(3) of
title 18, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) by moving the matter following clause (ii) (as so
redesignated) 2 ems to the right;
(3) in the matter following clause (ii) (as so
redesignated), by striking ``one year'' and inserting ``5
years'';
(4) by inserting ``(A)'' after ``(3)''; and
(5) by adding at the end the following:
``(B) If the conduct described in clause (i) or (ii) of
subparagraph (A) is in relation to an offense under
subsection (a)(6) or (d) of section 922, the licensed dealer,
licensed importer, licensed manufacturer, or licensed
collector shall be fined under this title, imprisoned not
more than 10 years, or both.''.
(e) Elimination of Limitation on Centralizing Records.--
Section 926(a) of title 18, United States Code, is amended,
in the matter following paragraph (3)--
(1) in the first sentence, by striking ``records required
to be maintained under this chapter or any portion of the
contents of such records, be recorded at or transferred to a
facility owned, managed, or controlled by the United States
or any State or any political subdivision thereof, nor
that''; and
(2) in the second sentence, by striking ``Secretary's'' and
inserting ``Attorney General's''.
(f) Electronic Recordkeeping Adoption and Implementation.--
Section 926 of title 18, United States Code, as amended by
section 5, is amended by adding at the end the following:
``(e) Facilitation of Electronic Recordkeeping.--The
Attorney General--
[[Page S2178]]
``(1) shall facilitate and incentivize the conversion to,
and adoption of, electronic recordkeeping solutions by
licensees that enable electronic completion and submission to
the Attorney General of all records required to be maintained
under this chapter;
``(2) shall facilitate--
``(A) digital capture of paper records of licensed dealers;
and
``(B) the integration and indexing of data onto a platform
accessible by law enforcement authorities for purposes of
investigating a violent crime or crime gun trace;
``(3) shall facilitate, with respect to the electronic
databases established under section 923(g)(9)(A)--
``(A) remote access to electronic records of licensed
dealers by law enforcement authorities for purposes of
investigating a violent crime or crime gun trace; and
``(B) access by licensed dealers to only their own records;
and
``(4) may not remotely access or search electronic records
of licensed dealers without a warrant authorizing such a
search.''.
SEC. 8. NOTIFICATION OF DEFAULT TRANSFERS.
Section 922(t)(1) of title 18, United States Code, is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of a transfer conducted pursuant to
subparagraph (B)(ii) or clause (ii) or (iii) of subparagraph
(C), the licensee notifies the Attorney General, not later
than the close of business on the day on which the firearm is
transferred, that the firearm has been transferred to the
person.''.
SEC. 9. MULTIPLE FIREARM SALES RECORDS AND REPORTS.
(a) Expanding Reporting Requirement to Certain Long Guns.--
Section 923(g)(3)(A) of title 18, United States Code, is
amended--
(1) in the first sentence, by striking ``pistols, or
revolvers, or any combination of pistols and revolvers'' and
inserting ``pistols, revolvers, semiautomatic rifles or
shotguns, or rifles or shotguns capable of accepting a high
capacity magazine, or any combination of such weapons''; and
(2) by inserting after the first sentence the following:
``In the preceding sentence, the term `high capacity
magazine' means a magazine capable of holding more than 10
rounds of ammunition, and includes a magazine that may be
readily converted to hold more than 10 rounds of
ammunition.''.
(b) Requirement To Retain Instant Criminal Background Check
Records for 90 Business Days.--Section 922(t)(2)(C) of title
18, United States Code, is amended--
(1) by striking ``destroy'' and inserting ``retain for not
less than 90 business days'';
(2) by striking ``(other than the identifying number and
the date the number was assigned)''; and
(3) by inserting before the period at the end the
following: ``solely for purposes related to discovering
misuse or avoidance of the national instant criminal
background check system or ensuring its proper operation''.
(c) Attorney General Reports of Multiple Sales by Non-
Licensees.--Section 923(g)(3) of title 18, United States
Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B)(i) The Attorney General shall prepare a report of
multiple dispositions of firearms to persons not licensed
under this chapter, which shall include the names and
identifying information of transferees appearing in the
records retained under section 922(t)(2)(C) on 2 or more
occasions in any period of 5 consecutive business days.
``(ii) The report described in clause (i) shall be prepared
on a form substantially similar to the form created pursuant
to subparagraph (A) and include the names and addresses of
the licensees who requested the background checks under
subsection (t).
``(iii) The Attorney General shall forward the report
described in clause (i) to the office designated pursuant to
subparagraph (A) and to the departments of State police or
State law enforcement agencies of the State or local law
enforcement agencies of the local jurisdictions in which the
sales or other dispositions took place, not later than the
close of business on the date of the most recent such sale or
other disposition.''.
(d) Records Retention To Investigate Crime Guns.--Section
923(g)(3)(C) of title 18, United States Code, as redesignated
by subsection (c)(1) of this section, is amended--
(1) in the first sentence--
(A) by inserting ``a firearm involved in a crime or'' after
``Except in the case of forms and contents thereof
regarding''; and
(B) by striking ``, and shall destroy each such form and
any record of the contents thereof no more than 20 days from
the date such form is received'' and inserting ``and shall
retain each such form and any record of the contents of the
form for not less than 180 days after the date on which the
form is received''; and
(2) by striking the second sentence.
SEC. 10. SAFETY DEVICES AND WARNINGS TO PURCHASERS.
Section 922(z) of title 18, United States Code, is
amended--
(1) by inserting ``and Warnings to Purchasers'' after
``Secure Gun Storage or Safety Device'';
(2) by striking ``handgun'' each place it appears and
inserting ``firearm''; and
(3) by adding at the end the following:
``(4) Warnings to purchasers.--
``(A) In general.--A licensed dealer operating a physical
retail location shall post conspicuously within the licensed
premises all warnings required to be provided to firearms
purchasers under applicable State and local law.
``(B) Materials.--
``(i) Development and distribution by attorney general.--
The Attorney General shall--
``(I) develop materials regarding suicide prevention,
securing firearms from loss, theft, or access by a minor or
prohibited person, and straw purchasing; and
``(II) provide the materials developed under subclause (I)
to each licensed dealer.
``(ii) Dissemination by dealers.--A licensed dealer shall
disseminate the materials described in clause (i) upon
transfer of a firearm to a person not licensed under this
chapter.''.
SEC. 11. INSPECTIONS.
(a) Mandated Annual Inspections of High-risk Licensed
Dealers and Quinquennial Inspections of Other Licensed
Dealers.--Section 923(g)(1)(B) of title 18, United States
Code, is amended--
(1) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and adjusting the
margins accordingly;
(2) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and adjusting
the margins accordingly;
(3) by inserting ``(i)'' after ``(B)''; and
(4) by adding at the end the following:
``(ii)(I) The Attorney General--
``(aa) not less frequently than annually, shall inspect or
examine the inventory, records, and business premises of each
licensed dealer whom the Attorney General determines to be a
high-risk dealer, based on considerations that include
whether--
``(AA) during the preceding 5 years, the dealer reported a
lost or stolen firearm;
``(BB) during the preceding 10 years, the dealer was issued
a report of violation, received a warning letter, or was the
subject of a warning conference; or
``(CC) during the preceding year, multiple firearms were
determined to have been used in a crime under Federal, State,
or local law within 3 years after sale by the dealer; and
``(bb) may appoint an attorney to ensure that high-risk
dealers comply with all applicable firearm sales laws.
``(II) An attorney appointed under subclause (I)(bb) may,
with respect to high-risk dealers, use in-store observation,
monitor records, conduct random and repeated sales integrity
tests, and design and offer instructional programs providing
best practices sales training to all employees involved in
firearm sales until the attorney certifies to the Attorney
General that the high-risk dealer has complied with all
applicable firearm sales laws for 3 consecutive years.
``(III) Not later than 180 days after the date on which an
inspection or examination under subclause (I) reveals a
violation of this section or any regulation prescribed under
this chapter, and not later than 180 days after a security
inspection conducted under paragraph (6)(B)(i) of this
subsection, the Attorney General shall conduct an inspection
or examination to determine whether the violation identified
in the preceding inspection or examination has been cured.
``(IV) Not less frequently than once every 5 years, the
Attorney General shall inspect or examine the inventory,
records, and business premises of each licensed dealer that
the Attorney General has not determined to be a high-risk
dealer under subclause (I).''.
(b) Elimination of Limit on Inspection of Licensee
Records.--Section 923(g)(1)(B)(i)(II) of title 18, United
States Code, as redesignated by subsection (a), is amended--
(1) by striking ``--'' and all that follows through
``(bb)''; and
(2) by striking ``with respect to records relating to a
firearm involved in a criminal investigation that is traced
to the licensee''.
(c) Mandated Security Inspection of Dealers Reporting Lost
or Stolen Firearms.--Section 923(g)(6) of title 18, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B)(i) If the Attorney General receives a report under
subparagraph (A) from a licensed dealer, the Attorney General
shall conduct an independent inspection of the security of
the premises at which the theft occurred, which shall include
an inspection of the measures taken to implement the security
plan submitted by the licensed dealer under subsection
(d)(1)(G)(ii).
``(ii) On completion of a security inspection under clause
(i), the Attorney General shall provide the licensed dealer
with--
``(I) a notice of any violation by the licensed dealer of
any security requirements prescribed under section 926(d);
and
``(II) recommendations for improving security of the
premises involved.''.
(d) Elimination of Limit on Inspection of Other Premises.--
Section 923(j) of title 18, United States Code, is amended by
striking the sixth sentence.
SEC. 12. AUTHORITY WITH REGARD TO LICENSE ISSUANCE AND
RENEWAL.
(a) Denial Authority.--Section 923 of title 18, United
States Code, is amended--
(1) in subsection (c)--
(A) by inserting ``(1)'' before ``Upon'';
[[Page S2179]]
(B) in the first sentence, by inserting ``, subject to
paragraph (2),'' after ``the Attorney General shall''; and
(C) by adding at the end the following:
``(2) The Attorney General shall deny an application
submitted under subsection (a) or (b) if the Attorney General
determines that--
``(A) issuing the license would pose a danger to public
safety; or
``(B) the applicant--
``(i) is not likely to comply with the law; or
``(ii) is otherwise not suitable to be issued a license.'';
and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by striking
``shall'' and inserting ``or renewal thereof shall, subject
to subsection (c)(2),'';
(B) in subparagraph (C), by striking ``not willfully
violated'' and inserting ``no uncured violations of''; and
(C) in subparagraph (F)--
(i) in clause (ii), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iv) each employee employed in the business--
``(I) will be at least the minimum age at which individuals
may possess a firearm in the locality in which the business
will be conducted; and
``(II) is not prohibited from being transferred a firearm,
or transporting, shipping, or receiving firearms or
ammunition, in interstate or foreign commerce by subsection
(d), (g), or (n) (as applicable) of section 922 or by State,
local, or Tribal law; and''.
(b) Authority to Revoke or Suspend Licenses.--Section 923
of title 18, United States Code, is amended--
(1) in subsection (e)--
(A) in the first sentence, by inserting ``or suspend''
after ``revoke''; and
(B) in the third sentence, by striking ``Secretary's'' and
inserting ``Attorney General's''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``or suspended'' after ``revoked'' each
place it appears; and
(ii) by inserting ``or suspension'' after ``revocation''
each place it appears;
(B) in paragraph (2)--
(i) by striking ``, or revokes'' and inserting ``, revokes,
or suspends''; and
(ii) by striking ``or revocation'' and inserting ``,
revocation, or suspension''; and
(C) in paragraph (3)--
(i) by inserting ``or suspend'' after ``revoke'' each place
it appears; and
(ii) by striking ``or revocation'' and inserting ``,
revocation, or suspension''.
(c) Authority to Promulgate Rules.--Section 926(a) of title
18, United States Code, is amended, in the matter preceding
paragraph (1), by striking ``only''.
(d) Repeal of Riders Limiting Use of Funds to Deny Licenses
Due to Lack of Business Activity.--
(1) Fiscal year 2013.--The matter under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-
6; 127 Stat. 247) is amended by striking the sixth proviso.
(2) Fiscal year 2012.--The matter under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609)
is amended by striking the ninth proviso.
SEC. 13. INCREASED LICENSING FEES.
(a) Fees for Licensed Importers, Manufacturers, and Dealers
in Firearms and Importers and Manufacturers of Ammunition.--
Section 923(a) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$2,000'';
(B) in subparagraph (B), by striking ``$50'' and inserting
``$100''; and
(C) in subparagraph (C), by striking ``$10'' and inserting
``$20'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$2,000''; and
(B) in subparagraph (B), by striking ``$50'' and inserting
``$100''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$2,000''; and
(B) in subparagraph (B)--
(i) by striking ``$200'' and inserting ``$400''; and
(ii) by striking ``$90'' and inserting ``$180''.
(b) Fees for Licensed Collectors.--Section 923(b) of title
18, United States Code, is amended by striking ``$10'' and
inserting ``$20''.
SEC. 14. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF
LICENSE REVOCATION.
Section 923(f)(2) of title 18, United States Code, is
amended, in the second sentence, by striking ``shall upon the
request of the holder of the license'' and inserting ``may,
upon a showing by the holder of the license of good cause,''.
SEC. 15. ELIMINATION OF RELIEF FOR DEALERS INDICTED FOR A
CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR.
(a) In General.--Section 925 of title 18, United States
Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
(b) Conforming Amendments.--
(1) Chapter 44 of title 18, united states code.--Chapter 44
of title 18, United States Code, is amended--
(A) in section 922--
(i) in subsection (d), in the second sentence--
(I) by striking ``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''; and
(II) by striking ``subsection (c) of section 925'' and
inserting ``section 925(b)'';
(ii) in subsection (l), by striking ``925(d) of this
chapter'' and inserting ``925(c)''; and
(iii) in subsection (r), by striking ``925(d)(3) of this
chapter'' and inserting ``925(c)(3)''; and
(B) in section 925(f), by striking ``subsection (d)'' and
inserting ``subsection (c)''.
(2) Foreign military sales act.--Section 38(b)(1)(B)(i) of
the Foreign Military Sales Act (22 U.S.C. 2778(b)(1)(B)(i))
is amended by striking ``925(e)'' and inserting ``925(d)''.
(3) NICS improvement amendments act of 2007.--Section
101(c)(2)(A)(iii) of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911(c)(2)(A)(iii)) is amended by striking
``925(c)'' and inserting ``925(b)''.
(4) Atomic energy act of 1954.--Section 161A(b) of the
Atomic Energy Act of 1954 (42 U.S.C. 2201a(b)) is amended by
striking ``925(d)(3)'' and inserting ``925(c)(3)''.
SEC. 16. ELIMINATION OF RELIEF WHILE FEDERAL DISABILITY
RELIEF APPLICATION PENDING.
Section 925(b) of title 18, United States Code, as so
redesignated by section 15(a) of this Act, is amended by
striking the fourth sentence and inserting the following:
``This subsection shall not be construed to prohibit the
Attorney General from, on a showing by a licensee of good
cause, permitting the licensee to continue operations while
an application for relief from disabilities is pending.''.
SEC. 17. PRESUMPTION OF KNOWLEDGE OF STATE LAW IN SALE OF
LONG GUNS TO RESIDENTS OF ANOTHER STATE.
Section 922(b)(3) of title 18, United States Code, is
amended by striking ``in the absence of evidence to the
contrary,''.
SEC. 18. INCREASED PENALTIES FOR KNOWING TRANSFER OF FIREARM
WITHOUT CONDUCTING A BACKGROUND CHECK.
Section 922(t)(5) of title 18, United States Code, is
amended by inserting before the period at the end the
following: ``in the case of the first violation and, in the
case of a subsequent violation, shall immediately suspend or
revoke any license issued to the licensee under section 923
and impose on the licensee a civil fine equal to $20,000''.
SEC. 19. UNLAWFUL ACTS UPON INCURRING FEDERAL DISABILITY OR
NOTICE OF LICENSE SUSPENSION, REVOCATION, OR
DENIED RENEWAL.
(a) Restrictions.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(aa) Unlawful Acts Upon Incurring Federal Disability or
Notice of License Suspension, Revocation, or Denied
Renewal.--
``(1) In general.--It shall be unlawful for a licensed
importer, licensed manufacturer, licensed dealer, licensed
collector, or licensed facilitator who incurs a disability
imposed by Federal laws with respect to the acquisition,
receipt, transfer, shipment, transportation, or possession of
firearms or ammunition during the term of a license issued
under this chapter or while an application to renew such a
license is pending, or who has been notified by the Attorney
General that a license issued to the licensee under this
chapter has been suspended or revoked or that an application
of the licensee to renew such a license has been denied, to--
``(A) transfer a business inventory firearm--
``(i) into the personal collection of the licensee; or
``(ii) to any person other than a licensee under this
chapter or a Federal, State, or local law enforcement agency;
or
``(B) receive a business inventory firearm.
``(2) Waiver.--Upon a showing by a licensee of good cause,
the Attorney General may issue a written waiver of paragraph
(1) if the licensee authorizes the Attorney General to
inspect the records and inventory of the licensee at any time
to ensure that the licensee is in compliance with this
chapter.''.
(b) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(9) Whoever knowingly violates section 922(aa) shall be
fined under this title, imprisoned for not more than 1 year,
or both.''.
(c) Notice Requirement.--Section 923(f)(1) of title 18,
United States Code, is amended, in the first sentence, by
inserting before the period at the end the following: ``and
setting forth the provisions of Federal law and regulation
that prohibit a person not licensed under this chapter from
engaging in the business of dealing in firearms and the
restrictions set forth in section 922(aa)''.
SEC. 20. REGULATION OF FACILITATORS OF FIREARM TRANSFERS.
(a) Licensing.--Section 923(a) of title 18, United States
Code, is amended by adding at the end the following:
``(4) If the applicant is a facilitator of firearm sales,
purchases, or other transfers, a fee of $1,000 per year.''.
[[Page S2180]]
(b) Completed Facilitated Sales.--Section 923 of title 18,
United States Code, as amended by section 5, is amended by
adding at the end the following:
``(n) Duties of Facilitators.--
``(1) In general.--A licensed facilitator shall--
``(A) inform each prospective seller using the commercial
marketplace of the licensed facilitator that any offer for
firearm sales, purchases, or other transfers made using the
commercial marketplace may be completed only with the
assistance of a licensed importer, licensed manufacturer, or
licensed dealer, who must take possession of the firearm
directly from the transferor for the purpose of complying
with section 922(t);
``(B) require each prospective firearm seller using the
commercial marketplace of the licensed facilitator to
complete each firearm sale, purchase, or other transfer as
described in subparagraph (A); and
``(C) maintain records of any sale, purchase, or other
transfer described in subparagraph (A), which shall include--
``(i) the date of the offer;
``(ii) the name of the offeror;
``(iii) the name and the licensee number of the licensee
that will take possession of the firearm directly from the
transferor; and
``(iv) the model, serial number, type, and caliber or gauge
of the firearm involved.
``(2) Advance identification of licensed dealer.--A
licensed facilitator may require a prospective seller, as a
condition of using the commercial marketplace of the licensed
facilitator, to, before offering a firearm for sale, identify
a licensed dealer that will take possession of the firearm
and complete the sale.
``(3) Licensee compliance.--On taking possession of a
firearm sold, purchased, or otherwise transferred in a
commercial marketplace of a licensed facilitator, a 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.''.
(c) Liability.--Section 924(h) of title 18, United States
Code, is amended--
(1) by inserting ``(1)'' before ``Whoever''; and
(2) by adding at the end the following:
``(2) Whoever, having accepted an offer to transfer
ownership of a firearm using a commercial marketplace of a
licensed facilitator in order to complete a firearm
transaction as described in subsection (n)(1), knowingly
transfers the firearm to a person not licensed under this
chapter without a licensed importer, licensed manufacturer,
or licensed dealer first taking possession of the firearm for
the purpose of complying with section 922(t)--
``(A) except as provided in subparagraph (B), shall be
fined under this title, imprisoned for not more than 1 year,
or both; or
``(B) if transfer of the firearm to, or receipt of the
firearm by, the transferee violates subsection (d), (g), or
(n) of section 922, or the firearm is used to commit a crime
of violence (as defined in section (c)(3) of this section) or
drug trafficking crime (as defined in subsection (c)(2) of
this section), shall be fined under this title, imprisoned
for not more than 10 years, or both.''.
(d) Conforming Amendments.--Chapter 44 of title 18, United
States Code, is amended--
(1) in section 922--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``or'' at the end;
(II) in subparagraph (B), by adding ``or'' at the end; and
(III) by adding at the end the following:
``(C) except a licensed facilitator, to engage in the
business of hosting a commercial marketplace in which offers
for firearm sales, purchases, or other transfers are allowed
to be made;''; and
(ii) in paragraph (6)--
(I) by striking ``or licensed collector'' and inserting
``licensed collector, or licensed facilitator''; and
(II) by striking ``or collector'' and inserting
``collector, or facilitator''; and
(B) in subsection (m), by striking ``or licensed
collector'' and inserting ``licensed collector, or licensed
facilitator'';
(2) in section 923--
(A) in subsection (c)(1), as so designated by section 12 of
this Act, in the first sentence, by inserting ``or facilitate
firearm sales, purchases, or other transfers'' before
``during the period stated in the license'';
(B) in subsection (g)(1)(A)--
(i) in the matter preceding clause (i)--
(I) in the first sentence, by striking ``and licensed
dealer'' and inserting ``licensed dealer, and licensed
facilitator''; and
(II) in the last sentence, by inserting ``licensed
facilitator,'' before ``or any licensed importer'';
(ii) in clause (i), by striking ``or licensed collector''
and inserting ``, licensed collector, or licensed
facilitator''; and
(iii) in clause (ii), by striking ``or licensed collector''
and inserting ``, licensed collector, or licensed
facilitator''; and
(C) in subsection (j), in the first sentence, by striking
``or licensed dealer'' and inserting ``licensed dealer, or
licensed facilitator''; and
(3) in section 924(a)(3), as amended by section 7--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``or licensed collector'' and inserting
``licensed collector, or licensed facilitator''; and
(B) in subparagraph (B), by striking ``or licensed
collector'' and inserting ``licensed collector, or licensed
facilitator''.
SEC. 21. DEALER AND EMPLOYEE BACKGROUND CHECKS.
(a) Requirements.--
(1) Background checks required before issuance or renewal
of dealers license.--Section 923(c)(1) of title 18, United
States Code, as so designated by section 12 of this Act, is
amended by inserting after the first sentence the following:
``Notwithstanding the preceding sentence, the Attorney
General may not issue or renew a license unless the Attorney
General has contacted the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) to
determine whether it would be unlawful for the applicant, or
any employee of the applicant identified by the applicant on
the application as trusted with the possession or receipt of
any firearm, to be transferred or receive a firearm, and the
system has notified the Attorney General that the information
available to the system does not demonstrate that the
transfer to or receipt of a firearm by the applicant or any
such employee would violate subsection (d), (g), or (n) (as
applicable) of section 922 or State, local, or Tribal law
where the business premises of the applicant subject to the
license is located.''.
(2) Background check required before firearm possession by
dealer employee.--Section 923(g) of title 18, United States
Code, as amended by section 7 of this Act, is amended by
adding at the end the following:
``(11) A licensed dealer may not allow an employee to
possess a firearm at a premises from which the licensed
dealer conducts business subject to license under this
chapter, unless--
``(A) the employee is at least the minimum age required by
State and local law to possess or receive a firearm;
``(B) the licensed dealer has contacted the national
instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901) to determine whether transfer of a firearm to,
or receipt of a firearm by, the individual would be unlawful;
and
``(C) the system has notified the licensee that the
information available to the system does not demonstrate that
the transfer of a firearm to, or receipt of a firearm by, the
individual would violate subsection (d), (g), or (n) (as
applicable) of section 922 or State, local, or Tribal law.''.
(b) Authority of NICS System to Respond to Licensed Dealer
Request for Criminal Background Check of Employee or
Applicant for Employment.--Section 103(b)(2) of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901(b)(2)) is
amended--
(1) in the heading, by striking ``Voluntary'' and inserting
``Compulsory''; and
(2) in subparagraph (A), by striking ``voluntarily''.
(c) Authority of NICS System To Search National Data
Exchange.--Section 103(e)(1) of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901(e)(1)) is amended by adding
at the end the following:
``(L) Search of national data exchange database.--The
system established under this section shall include a search
of the database of the National Data Exchange when conducting
a background check under this section.''.
SEC. 22. LIABILITY STANDARDS.
(a) Liability in Licensing.--Section 923 of title 18,
United States Code, is amended--
(1) in subsection (d)(1)(D), by striking ``willfully'' and
inserting ``knowingly''; and
(2) in subsection (e), by striking ``willfully'' each place
it appears and inserting ``knowingly''.
(b) Liability in Penalties.--Section 924 of title 18,
United States Code, is amended--
(1) in subsection (a)(1)(D), by striking ``willfully'' and
inserting ``knowingly''; and
(2) in subsection (d)(1), by striking ``willful'' and
inserting ``knowing''.
SEC. 23. CIVIL ENFORCEMENT.
(a) Fines for Engaging in the Business Without a License.--
Section 924(n) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(n)''; and
(2) by adding at the end the following:
``(2) If the Attorney General finds that a person has
engaged in conduct that constitutes a violation of section
922(a)(1)(A), the Attorney General shall--
``(A) transmit to the person a written notice specifying
the violation, which shall include a copy of the provision of
law violated; and
``(B) impose on the person a civil penalty in an amount
that is not less than $2,500 and not more than $20,000.''.
(b) Tiered Penalties for Repeated Violations of Regulations
by Licensed Dealers.--Section 924 of title 18, United States
Code, is amended by adding at the end the following:
``(q) Penalties Relating to Violations of Regulations by
Licensed Dealers.--
``(1) In general.--If the Attorney General finds a licensed
dealer to be in violation of a regulation prescribed under
section 926, the Attorney General shall--
``(A) if the violation is not a result of gross negligence
by the licensed dealer--
``(i) in the case of the first such violation by the
licensed dealer, if not preceded by a violation to which
subparagraph (B) applies, transmit to the licensed dealer a
written notice specifying the violation, which shall include
a copy of the regulation violated;
``(ii) in the case of the second such violation by the
licensed dealer, if not preceded
[[Page S2181]]
by a violation to which subparagraph (B) applies, impose a
civil penalty in an amount that is not less than $2,500 and
not more than $20,000;
``(iii) in the case of the third such violation by the
licensed dealer, if not preceded by a violation to which
subparagraph (B) applies, suspend the license to deal in
firearms issued to the licensed dealer under this chapter
until the violation ceases;
``(iv) in the case of the fourth such violation by the
licensed dealer, whether or not preceded by a violation to
which subparagraph (B) applies, revoke the license; or
``(v) in the case of any such violation by the licensed
dealer, if preceded by a violation to which subparagraph (B)
applies, apply the penalty authorized under this subsection
that is 1 level greater in severity than the level of
severity of the penalty most recently applied to the licensed
dealer under this subsection; or
``(B) if the violation is a result of gross negligence by
the licensed dealer--
``(i) in the case of the first such violation by the
licensed dealer, impose a civil penalty in an amount that is
not less than $2,500 and not more than $20,000;
``(ii) in the case of the second such violation by the
licensed dealer--
``(I) impose a civil penalty in an amount equal to $20,000;
and
``(II) suspend the license to deal in firearms issued to
the licensed dealer under this chapter until the violation
ceases; or
``(iii) in the case of the third such violation by the
licensed dealer, revoke the license to deal in firearms
issued to the licensed dealer under this chapter.
``(2) Suspension of license.--In the case of any violation
described in paragraph (1), if the Attorney General finds
that the nature of the violation indicates that the continued
operation of a firearms business by the licensed dealer
presents an imminent risk to public safety, the Attorney
General shall, notwithstanding paragraph (1), immediately
suspend the license to deal in firearms issued to the
licensed dealer under this chapter and secure the firearms
inventory of the licensed dealer, until the violation ceases,
unless the appropriate penalty under paragraph (1) is
revocation of the license, in which case the Attorney General
shall immediately revoke the license and secure the firearms
inventory of the licensed dealer.''.
SEC. 24. REMOVAL OF BAR ON CIVIL PROCEEDINGS IF CRIMINAL
PROCEEDINGS TERMINATED.
Section 923(f) of title 18, United States Code, is amended
by striking paragraph (4).
SEC. 25. REPEAL OF CERTAIN LIMITATIONS.
(a) Limitations Related to Use of Firearms Trace Data.--
(1) Fiscal year 2012.--The matter under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-
55; 125 Stat. 609) is amended by striking the sixth proviso.
(2) Fiscal year 2010.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2010
(Public Law 111-117; 123 Stat. 3128) is amended by striking
``beginning in fiscal year 2010 and thereafter'' and
inserting ``in fiscal year 2010''.
(3) Fiscal year 2009.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Omnibus Appropriations Act, 2009 (Public
Law 111-8; 123 Stat. 575) is amended by striking ``beginning
in fiscal year 2009 and thereafter'' and inserting ``in
fiscal year 2009''.
(4) Fiscal year 2008.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2008
(Public Law 110-161; 121 Stat. 1903) is amended by striking
``beginning in fiscal year 2008 and thereafter'' and
inserting ``in fiscal year 2008''.
(5) Fiscal year 2006.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title I of the
Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2295)
is amended by striking ``with respect to any fiscal year''.
(6) Fiscal year 2005.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title I of
division B of the Consolidated Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2859) is amended by striking
``with respect to any fiscal year''.
(7) Fiscal year 2023.--Section 644 of division J of the
Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552
note; Public Law 108-7; 117 Stat. 473) is amended by striking
``or any other Act with respect to any fiscal year''.
(b) Limitations Relating to Consolidating and Centralizing
Records.--The first proviso under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives'' in title II of division B of the
Consolidated and Further Continuing Appropriations Act, 2012
(18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609) is
amended by striking ``or hereafter''.
(c) Requirement To Destroy Instant Criminal Background
Check Records Within 24 Hours.--Section 511 of division B of
the Consolidated and Further Continuing Appropriations Act,
2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 Stat. 632)
is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
SEC. 26. AUTHORITY TO HIRE ADDITIONAL INDUSTRY OPERATION
INVESTIGATORS FOR BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES.
The Attorney General may hire 650 industry operation
investigators for the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, to be distributed among the various field
divisions to match the number and distribution of persons
licensed under chapter 44 of title 18, United States Code, in
addition to any personnel needed to carry out this Act and
the amendments made by this Act and any industry operation
investigators authorized by other law.
SEC. 27. REPORT ON IMPLEMENTATION OF THIS ACT.
Not later than 2 years after the date of enactment of this
Act, the Attorney General shall submit to Congress and
publish on the website of the Department of Justice a written
report on the implementation of this Act and the amendments
made by this Act, including any steps needed to complete the
implementation, which shall identify any additional resources
that are required to--
(1) conduct regular inspections under chapter 44 of title
18, United States Code; and
(2) ensure that this Act and the amendments made by this
Act are enforced against noncompliant federally licensed
firearms dealers in a timely manner.
SEC. 28. ANNUAL LICENSED DEALER INSPECTIONS REPORT AND
ANALYSIS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to Congress and publish on the website
of the Department of Justice a report that contains the
information described in subsection (b) with respect to--
(1) the preceding 2-year period, in the case of the first
report; or
(2) the preceding year, in the case of each subsequent
report.
(b) Contents.--Each report under subsection (a) shall
state, with respect to the applicable reporting period--
(1) the number of inspections or examinations conducted of
Type 01, Type 02, and Type 07 Federal firearm licensees
(dealers, pawnbrokers, and manufacturers, respectively) by
each field division of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, including by the number of
inspections or examinations of high-risk dealers (as that
term is used in clause (ii) of section 923(g)(1)(B) of title
18, United States Code, as added by section 11 of this Act)
and non-high-risk dealers;
(2) the number of security inspections under subparagraph
(B) of section 923(g)(6) of title 18, United States Code, as
added by section 11 of this Act, prompted by dealer reports
of lost or stolen firearms under subparagraph (A) of such
section 923(g)(6), as so designated by section 11 of this
Act, and the number of follow-up security inspections
conducted during the 6-month period following a security
inspection revealing a violation;
(3) the average amount of time spent on--
(A) inspections or examinations of high-risk dealers (as
described in paragraph (1));
(B) inspections or examinations of non-high-risk dealers
(as described in paragraph (1));
(C) security inspections (as described in paragraph (2));
and
(D) follow-up security inspections (as described in
paragraph (2)); and
(4) an analysis of the most frequently cited violations and
corrective actions or penalties imposed in each inspection or
examination described in paragraph (1) or security inspection
described in paragraph (2), including--
(A) the number of licenses recommended to be suspended or
revoked;
(B) the number of licensees sent notices of suspension or
revocation;
(C) the number of hearings requested by licensees on
receipt of a notice of suspension or revocation;
(D) the number of suspension or revocation hearings
initiated during a prior 12-month period that remain ongoing
during the 12-month period covered by the report; and
(E) the decision ultimately rendered in each such matter by
the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
SEC. 29. DEADLINE FOR ISSUANCE OF FINAL REGULATIONS.
Not later than 2 years after the date of enactment of this
Act, the Attorney General shall prescribe all regulations
required to carry out this Act and the amendments made by
this Act.
______
By Mr. JUSTICE (for himself, Mr. Fetterman, Mrs. Blackburn, Mr.
Cassidy, Mrs. Capito, Mr. Cruz, and Ms. Hassan):
S. 1295. A bill to require the Director of the Bureau of Prisons to
develop and implement a strategy to interdict fentanyl and other
synthetic drugs in
[[Page S2182]]
the mail at Federal correctional facilities; to the Committee on the
Judiciary.
Mr. JUSTICE. 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. 1295
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Prisons Security
Check and Action against Narcotics in Mail Act'' or the ``BOP
SCAN Mail Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Bureau of Prisons has 122 institutions located
throughout the United States, employs nearly 38,000
employees, and is responsible for more than 150,000 Federal
inmates.
(2) Inmate mail is a primary entry point for smuggling
drugs into correctional facilities, with tainted mail
incidents also on the rise.
(3) Elimination of dangerous contraband, including
synthetic drugs, in mail is essential to protecting the
health and safety of employees of the Bureau of Prisons and
Federal inmates.
(4) Prisons in the United States are increasingly deadly
facilities, with a 600 percent rise in drug overdoses in
recent years.
(5) The introduction of synthetic drugs, particularly
fentanyl and fentanyl analogues, into correctional facilities
by mail threatens employees, inmates, and the security of
correctional institutions, and the practice of deliberately
lacing opioids to ensure targeted lethality represents a
dramatic emerging concern.
(6) The foregoing factors add tremendous pressures and
workload that further burden existing employees, commonly
reassigning officers from other functions to assist in
processing mail.
(7) Employees at correctional facilities at Federal, State,
and local levels continue to request drug interdiction
technologies to protect themselves and inmates.
(8) A congressionally authorized digital mail scanning
pilot program at the Federal Correctional Institution,
Beckley, West Virginia, and the United States Penitentiary,
Canaan, Pennsylvania, from March 2020 through June 2021,
demonstrated effective interdiction technology and practices
aimed at eliminating dangerous contraband arriving through
the mail and served as an effective deterrent to smuggling
attempts.
(9) Apart from digital mail scanning, there is no widely
deployed interdiction technology that has demonstrated a 100
percent efficacy to detecting fentanyl, and other synthetic
drugs, arriving through the mail at Bureau of Prisons
facilities.
(10) Removing mail processing from Federal prisons and
relieving Bureau of Prisons employees from mail sorting
duties will result in an extensive budgetary relief to the
Bureau of Prisons and decrease the staffing shortages facing
prisons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Prisons.
(2) Opioid.--The term ``opioid'' has the meaning given such
term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(3) Synthetic drug.--The term ``synthetic drug'' means a
controlled substance analogue (as such term is defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)), and includes any analogue of fentanyl.
SEC. 4. STRATEGY TO INTERDICT SYNTHETIC DRUGS IN POSTAL MAIL.
(a) Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Director shall evaluate--
(1) the acquisition and deployment of synthetic drug
interdiction equipment and technology by Federal correctional
facilities;
(2) the use of technology services by Federal correctional
facilities to scan mail; and
(3) whether any technologies used by other Federal agencies
or State and local corrections facilities to intercept and
interdict contraband in the mail may be used by the Bureau of
Prisons.
(b) Strategy.--Not later than 90 days after completing the
evaluation under subsection (a), the Director shall submit to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
strategy to provide all Federal correctional facilities with
capabilities necessary to--
(1) protect staff and inmates from exposure to synthetic
drugs and opioids introduced to facilities through the mail;
(2) ensure that--
(A) not later than 24 hours after a piece of mail is
received at a Federal corrections facility or an
appropriately contracted offsite location, each inmate
receives a digital copy of any mail that is addressed to the
inmate;
(B) not later than 30 days after receiving a digital copy
of a piece of mail under subparagraph (A), the inmate
receives the original physical copy of any mail that--
(i) does not contain synthetic drugs or opioids; and
(ii) is addressed to the inmate; and
(C) delivery to the inmate under subparagraphs (A) and (B)
is documented;
(3) ensure that a process is in place for the processing of
legal mail that includes--
(A) the verification of the sender; and
(B) maintains attorney client privilege as required by
existing law; and
(4) achieve 100 percent scanning capacity of mail arriving
at all Federal correction facilities.
(c) Contents.--The strategy required under subsection (b)
shall--
(1) identify critical information technology, digital mail
scanning equipment, and mail scanning services necessary to
achieve the scanning capacity described in subsection (b)(4);
(2) include an assessment of operational and logistical
considerations, including--
(A) prioritization of high security and large inmate
population facilities for digital mail scanning
infrastructure and security technology deployment;
(B) any need for additional personnel and technology
training necessary to implement the strategy; and
(C) scanning equipment maintenance requirements and
periodic digital technology upgrades;
(3) include an equipment and technology budgetary proposal,
for fiscal years 2025 though 2027, in order to fully
implement the strategy described under subsection (b); and
(4) include strategies for conducting oversight of the
contractor providing the scanning service for the mail.
(d) Implementation Deadline.--Not later than 3 years after
the date on which the strategy is submitted under subsection
(b), and subject to appropriations, the Director of the
Bureau of Prisons shall complete implementation of the
submitted plan.
(e) Annual Progress Reports.--Beginning 1 year after the
date on which the strategy is submitted under subsection (b),
and each year thereafter, the Director of the Bureau of
Prisons shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on the efficiency of the strategy
and the total quantity of detected synthetic drugs and
opioids.
____________________