Protecting Communities and Preserving the Second Amendment Act of 2021
This bill reauthorizes a grant program, requires the Department of Justice (DOJ) to take specified actions, creates new criminal offenses, and makes several other changes related to the sale, transfer, and possession of firearms.
For example, the bill
To address gun violence, improve the availability of records to the 
   National Instant Criminal Background Check System, address mental 
  illness in the criminal justice system, and end straw purchases and 
        trafficking of illegal firearms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
Communities and Preserving the Second Amendment Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reauthorization and improvements to NICS.
Sec. 4. Availability of records to NICS.
Sec. 5. Definitions relating to mental health.
Sec. 6. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent for certain purposes.
Sec. 7. Reports and certifications to Congress.
Sec. 8. Increasing Federal prosecution of gun violence.
Sec. 9. Prosecution of felons and fugitives who attempt to illegally 
                            purchase firearms.
Sec. 10. Limitation on operations by the Department of Justice.
Sec. 11. Straw purchasing of firearms.
Sec. 12. Increased penalties for lying and buying.
Sec. 13. Amendments to section 924(a).
Sec. 14. Amendments to section 924(h).
Sec. 15. Amendments to section 924(k).
Sec. 16. Multiple sales reports for rifles and shotguns.
Sec. 17. Study by the National Institutes of Justice and National 
                            Academy of Sciences on the causes of mass 
                            shootings.
Sec. 18. Reports to Congress regarding ammunition purchases by Federal 
                            agencies.
Sec. 19. Reduction of Byrne JAG funds for State failure to provide 
                            mental health records to NICS.
Sec. 20. Firearm commerce modernization.
Sec. 21. Firearm dealer access to law enforcement information.
Sec. 22. Interstate transportation of firearms or ammunition.
Sec. 23. Preventing duplicative grants.

SEC. 2. DEFINITIONS.

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

SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS.

    (a) In General.--Section 103 of the NICS Improvement Amendments Act 
of 2007 (34 U.S.C. 40913) is amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively;
            (2) by amending subsection (f), as so redesignated, to read 
        as follows:
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2022 through 2026.''; and
            (3) by inserting after subsection (d) the following:
    ``(e) Accountability.--All grants awarded by the Attorney General 
under this section shall be subject to the following accountability 
provisions:
            ``(1) Definition.--In this subsection, the term `unresolved 
        audit finding' means a finding in the final audit report of the 
        Inspector General of the Department of Justice that the audited 
        grantee has utilized grant funds for an unauthorized 
        expenditure or otherwise unallowable cost that is not closed or 
        resolved within 12 months from the date when the final audit 
        report is issued.
            ``(2) Audits.--Beginning in the first fiscal year beginning 
        after the date of enactment of this subsection, and in each 
        fiscal year thereafter, the Inspector General of the Department 
        of Justice shall conduct audits of recipients of grants under 
        this section to prevent waste, fraud, and abuse of funds by 
        grantees. The Inspector General shall determine the appropriate 
        number of grantees to be audited each year.
            ``(3) Priority.--In awarding grants under this section, the 
        Attorney General shall give priority to eligible applicants 
        that did not have an unresolved audit finding during the 3 
        fiscal years before submitting an application for a grant under 
        this section.''.
    (b) Modification of Eligibility Requirements.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) in section 102(b)(1) (34 U.S.C. 40912(b)(1))--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (C)'' and inserting ``subparagraph (B)'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B);
            (2) in section 103(a)(1) (34 U.S.C. 40913(a)(1)), by 
        striking ``and subject to section 102(b)(1)(B)''; and
            (3) in section 104(d) (34 U.S.C. 40914(d)), by striking 
        ``section 102(b)(1)(C)'' and inserting ``section 
        102(b)(1)(B)''.

SEC. 4. AVAILABILITY OF RECORDS TO NICS.

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

SEC. 5. DEFINITIONS RELATING TO MENTAL HEALTH.

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

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

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

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

SEC. 7. REPORTS AND CERTIFICATIONS TO CONGRESS.

    (a) NICS Reports.--Not later than October 1, 2022, and every year 
thereafter, the head of each agency that possesses relevant Federal 
records shall submit a report to Congress that includes--
            (1) a description of the relevant Federal records possessed 
        by the agency that can be shared with NICS in a manner 
        consistent with applicable law;
            (2) the number of relevant Federal records the agency 
        submitted to NICS during the reporting period;
            (3) efforts made to increase the percentage of relevant 
        Federal records possessed by the agency that are submitted to 
        NICS;
            (4) any obstacles to increasing the percentage of relevant 
        Federal records possessed by the agency that are submitted to 
        NICS;
            (5) measures put in place to provide notice and programs 
        for relief from disabilities as required under the NICS 
        Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) if 
        the agency makes qualifying adjudications relating to the 
        mental health of an individual;
            (6) measures put in place to correct, modify, or remove 
        records available to NICS when the basis on which the records 
        were made available no longer applies; and
            (7) additional steps that will be taken during the 1-year 
        period after the submission of the report to improve the 
        processes by which relevant Federal records are--
                    (A) identified;
                    (B) made available to NICS; and
                    (C) corrected, modified, or removed from NICS.
    (b) Certifications.--
            (1) In general.--The annual report requirement in 
        subsection (a) shall not apply to an agency that, as part of a 
        report required to be submitted under subsection (a), provides 
        certification that the agency has--
                    (A) made available to NICS relevant Federal records 
                that can be shared in a manner consistent with 
                applicable law;
                    (B) a plan to make any relevant Federal records 
                available to NICS and a description of that plan; and
                    (C) a plan to update, modify, or remove records 
                electronically from NICS not less than quarterly as 
                required by the NICS Improvement Amendments Act of 2007 
                (34 U.S.C. 40902 et seq.) and a description of that 
                plan.
            (2) Frequency.--Each agency that is not required to submit 
        annual reports under paragraph (1) shall submit an annual 
        certification to Congress attesting that the agency continues 
        to submit relevant Federal records to NICS and has corrected, 
        modified, or removed records available to NICS when the basis 
        on which the records were made available no longer applies.
    (c) Reports to Congress on Firearms Prosecutions.--
            (1) Report to congress.--Beginning February 1, 2022, and on 
        February 1 of each year thereafter through 2031, the Attorney 
        General shall submit to the Committees on the Judiciary and the 
        Committees on Appropriations of the Senate and the House of 
        Representatives a report of information gathered under this 
        subsection during the fiscal year that ended on September 30 of 
        the preceding year.
            (2) Subject of annual report.--Not later than 90 days after 
        the date of enactment of this Act, the Attorney General shall 
        require each component of the Department of Justice, including 
        each United States Attorney's Office, to furnish for the 
        purposes of the report described in paragraph (1), information 
        relating to any case presented to the Department of Justice for 
        review or prosecution, in which the objective facts of the case 
        provide probable cause to believe that there has been a 
        violation of sections 922 and 924, United States Code, and 
        section 5861 of the Internal Revenue Code of 1986.
            (3) Elements of annual report.--With respect to each case 
        described in paragraph (2), the report submitted under 
        paragraph (1) shall include information indicating--
                    (A) whether in any such case, a decision has been 
                made not to charge an individual with a violation of 
                sections 922 and 924, United States Code, and section 
                5861 of the Internal Revenue Code of 1986, or any other 
                violation of Federal criminal law;
                    (B) in any case described in subparagraph (A), a 
                description of why no charge was filed under sections 
                922 and 924, United States Code, and section 5861 of 
                the Internal Revenue Code of 1986;
                    (C) whether in any case described in paragraph (2), 
                an indictment, information, or other charge has been 
                brought against any person, or the matter is pending;
                    (D) whether, in the case of an indictment, 
                information, or other charge described in subparagraph 
                (C), the charging document contains a count or counts 
                alleging a violation of sections 922 and 924, United 
                States Code, and section 5861 of the Internal Revenue 
                Code of 1986;
                    (E) in any case described in subparagraph (D) in 
                which the charging document contains a count or counts 
                alleging a violation of sections 922 and 924, United 
                States Code, and section 5861 of the Internal Revenue 
                Code of 1986, whether a plea agreement of any kind has 
                been entered into with such charged individual;
                    (F) whether any plea agreement described in 
                subparagraph (E) required that the individual plead 
                guilty, to enter a plea of nolo contendere, or 
                otherwise caused a court to enter a conviction against 
                that individual for a violation of sections 922 and 
                924, United States Code, and section 5861 of the 
                Internal Revenue Code of 1986;
                    (G) in any case described in subparagraph (F) in 
                which the plea agreement did not require that the 
                individual plead guilty, enter a plea of nolo 
                contendere, or otherwise cause a court to enter a 
                conviction against that individual for a violation of 
                sections 922 and 924, United States Code, and section 
                5861 of the Internal Revenue Code of 1986, 
                identification of the charges to which that individual 
                did plead guilty;
                    (H) in the case of an indictment, information, or 
                other charge described in subparagraph (C), in which 
                the charging document contains a count or counts 
                alleging a violation of sections 922 and 924, United 
                States Code, and section 5861 of the Internal Revenue 
                Code of 1986, the result of any trial of such charges 
                (guilty, not guilty, mistrial);
                    (I) in the case of an indictment, information, or 
                other charge described in subparagraph (C), in which 
                the charging document did not contain a count or counts 
                alleging a violation of sections 922 and 924, United 
                States Code, and section 5861 of the Internal Revenue 
                Code of 1986, the nature of the other charges brought 
                and the result of any trial of such other charges as 
                have been brought (guilty, not guilty, mistrial);
                    (J) the number of persons who attempted to purchase 
                a firearm but were denied because of a background check 
                conducted in accordance with section 922(t) of title 
                18, United States Code; and
                    (K) the number of prosecutions conducted in 
                relation to persons described in subparagraph (J).

SEC. 8. INCREASING FEDERAL PROSECUTION OF GUN VIOLENCE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish in jurisdictions 
specified in subsection (c) a program that meets the requirements of 
subsection (b), to be known as the ``Nationwide Project Exile 
Expansion''.
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for coordination with State and local law 
        enforcement officials in the identification of violations of 
        Federal firearms laws;
            (2) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral to the 
        Bureau of Alcohol, Tobacco, Firearms and Explosives and the 
        United States Attorney for prosecution of persons arrested for 
        violations of section 922 or section 924 of title 18, United 
        States Code, or section 5861 of the Internal Revenue Code of 
        1986, relating to firearms;
            (3) provide for the establishment of multijurisdictional 
        task forces, coordinated by the Executive Office of the United 
        States attorneys to investigate and prosecute illegal straw 
        purchasing rings that purchase firearms in one jurisdiction and 
        transfer them to another;
            (4) require that the United States attorney designate not 
        less than 1 assistant United States attorney to prosecute 
        violations of Federal firearms laws;
            (5) provide for the hiring of agents for the Bureau of 
        Alcohol, Tobacco, Firearms and Explosives to investigate 
        violations of the provisions referred to in paragraph (2), 
        United States Code, relating to firearms; and
            (6) ensure that each person referred to the United States 
        attorney under paragraph (2) be charged with a violation of the 
        most serious Federal firearm offense consistent with the act 
        committed.
    (c) Covered Jurisdictions.--
            (1) In general.--Subject to paragraph (2), the 
        jurisdictions specified in this subsection are--
                    (A) the 10 jurisdictions with a population equal to 
                or greater than 100,000 persons that had the highest 
                total number of homicides according to the uniform 
                crime report of the Federal Bureau of Investigation for 
                the most recent year available;
                    (B) the 5 jurisdictions with such a population, 
                other than the jurisdictions covered by paragraph (1), 
                with the highest per capita rate of homicide according 
                to the uniform crime report of the Federal Bureau of 
                Investigation for the most recent year available; and
                    (C) the 3 tribal jurisdictions that have the 
                highest homicide crime rates, as determined by the 
                Attorney General.
            (2) Limitation.--The 15 jurisdictions described in 
        subparagraphs (A) and (B) shall not include any jurisdiction 
        other than those within the 50 States.
    (d) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report 
containing the following information:
            (1) The number of individuals indicted for such violations 
        of Federal firearms laws during that year by reason of the 
        program.
            (2) The increase or decrease in the number of individuals 
        indicted for such violations of Federal firearms laws during 
        that year by reason of the program when compared with the year 
        preceding that year.
            (3) The number of individuals held without bond in 
        anticipation of prosecution by reason of the program.
            (4) To the extent the information is available, the average 
        length of prison sentence of the individuals convicted of 
        violations of Federal firearms laws by reason of the program.
            (5) The number of multijurisdictional task forces 
        established and the number of individuals arrested, indicted, 
        convicted or acquitted of charges for violations of the 
        specific crimes listed in subsection (b)(2).
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out the program under this section $15,000,000 for each 
        of fiscal years 2022, 2023, and 2024, which shall be used for 
        salaries and expenses of assistant United States attorneys and 
        Bureau of Alcohol, Tobacco, Firearms and Explosives agents.
            (2) Use of funds.--
                    (A) Assistant united states attorneys.--The 
                assistant United States attorneys hired using amounts 
                authorized to be appropriated under paragraph (1) shall 
                prosecute violations of Federal firearms laws in 
                accordance with subsection (b)(2).
                    (B) ATF agents.--The Bureau of Alcohol, Tobacco, 
                Firearms and Explosives agents hired using amounts 
                authorized to be appropriated under paragraph (1) 
                shall, to the maximum extent practicable, concentrate 
                their investigations on violations of Federal firearms 
                laws in accordance with subsection (b)(2).

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

    (a) Task Force.--
            (1) Establishment.--There is established a task force 
        within the Department of Justice, which shall be known as the 
        Felon and Fugitive Firearm Task Force (referred to in this 
        section as the ``Task Force''), to strengthen the efforts of 
        the Department of Justice to investigate and prosecute cases of 
        convicted felons and fugitives from justice who illegally 
        attempt to purchase a firearm.
            (2) Membership.--The members of the Task Force shall be--
                    (A) the Deputy Attorney General, who shall serve as 
                the Chairperson of the Task Force;
                    (B) the Assistant Attorney General for the Criminal 
                Division;
                    (C) the Director of the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives;
                    (D) the Director of the Federal Bureau of 
                Investigation; and
                    (E) such other officers or employees of the 
                Department of Justice as the Attorney General may 
                designate.
            (3) Duties.--The Task Force shall--
                    (A) provide direction for the investigation and 
                prosecution of cases of convicted felons and fugitives 
                from justice attempting to illegally purchase a 
                firearm; and
                    (B) provide recommendations to the Attorney General 
                relating to--
                            (i) the allocation and reallocation of 
                        resources of the Department of Justice for 
                        investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm;
                            (ii) enhancing cooperation among agencies 
                        and entities of the Federal Government in the 
                        investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm;
                            (iii) enhancing cooperation among Federal, 
                        State, and local authorities responsible for 
                        the investigation and prosecution of cases of 
                        convicted felons and fugitives from justice 
                        attempting to illegally purchase a firearm; and
                            (iv) changes in rules, regulations, or 
                        policy to improve the effective investigation 
                        and prosecution of cases of convicted felons 
                        and fugitives from justice attempting to 
                        illegally purchase a firearm.
            (4) Meetings.--The Task Force shall meet not less than once 
        a year.
            (5) Termination.--The Task Force shall terminate on the 
        date that is 5 years after the date of enactment of this Act.
    (b) Authorization for Use of Funds.--Section 524(c)(1) of title 28, 
United States Code, is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
            ``(J) the investigation and prosecution of cases of 
        convicted felons and fugitives from justice who illegally 
        attempt to purchase a firearm, in accordance with section 9 of 
        the Protecting Communities and Preserving the Second Amendment 
        Act of 2021, provided that--
                    ``(i) not more than $10,000,000 shall be available 
                to the Attorney General for each of fiscal years 2022 
                through 2026 under this subparagraph; and
                    ``(ii) not more than 5 percent of the amounts made 
                available under this subparagraph may be used for the 
                administrative costs of the task force established 
                under section 9 of the Protecting Communities and 
                Preserving the Second Amendment Act of 2021.''.

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

    The Department of Justice, and any of the law enforcement 
coordinate agencies of the Department of Justice, shall not conduct any 
operation where a Federal firearms licensee is directed, instructed, 
enticed, or otherwise encouraged by the Department of Justice to sell a 
firearm to an individual if the Department of Justice, or a coordinate 
agency, knows or has reasonable cause to believe that such an 
individual is purchasing on behalf of another for an illegal purpose 
unless the Attorney General, the Deputy Attorney General, or the 
Assistant Attorney General for the Criminal Division personally reviews 
and approves the operation, in writing, and determines that the agency 
has prepared an operational plan that includes sufficient safeguards to 
prevent firearms from being transferred to third parties without law 
enforcement taking reasonable steps to lawfully interdict those 
firearms.

SEC. 11. STRAW PURCHASING OF FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3);
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2); and
            ``(3) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b(g).
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) purchase or otherwise obtain a firearm, which has 
        been shipped, transported, or received in interstate or foreign 
        commerce, for or on behalf of any other person who the person 
        purchasing or otherwise obtaining the firearm knows--
                    ``(A) is prohibited from possessing or receiving a 
                firearm under subsection (g) or (n) of section 922;
                    ``(B) intends to use, carry, possess, or sell or 
                otherwise dispose of the firearm in furtherance of a 
                crime of violence, a drug trafficking crime, or a 
                Federal crime of terrorism;
                    ``(C) intends to engage in conduct that would 
                constitute a crime of violence, a drug trafficking 
                crime, or a Federal crime of terrorism if the conduct 
                had occurred within the United States; or
                    ``(D) is not a resident of any State and is not a 
                citizen or lawful permanent resident of the United 
                States; or
            ``(2) willfully procure another to engage in conduct 
        described in paragraph (1).
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned not more than 15 years, or both.
``Sec. 933. Trafficking in firearms
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3);
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2); and
            ``(3) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b(g).
    ``(b) Offense.--It shall be unlawful for any person to--
            ``(1) ship, transport, transfer, or otherwise dispose of 
        two or more firearms to another person in or otherwise 
        affecting interstate or foreign commerce, if the transferor 
        knows that the use, carrying, or possession of a firearm by the 
        transferee would violate subsection (g) or (n) of section 922, 
        or constitute a crime of violence, a drug trafficking crime, or 
        a Federal crime of terrorism;
            ``(2) receive from another person two or more firearms in 
        or otherwise affecting interstate or foreign commerce, if the 
        recipient--
                    ``(A) knows that such receipt would violate 
                subsection (g) or (n) of section 922; or
                    ``(B) intends to use the firearm in furtherance of 
                a crime of violence, a drug trafficking crime, or a 
                Federal crime of terrorism; or
            ``(3) attempt or conspire to commit the conduct described 
        in paragraph (1) or (2).
    ``(c) Penalties.--
            ``(1) In general.--Any person who violates subsection (b) 
        shall be fined under this title, imprisoned not more than 15 
        years, or both.
            ``(2) Organizer.--If a violation of subsection (b) is 
        committed by a person acting in concert with other persons as 
        an organizer, leader, supervisor, or manager, the person shall 
        be fined under this title, imprisoned not more than 20 years, 
        or both.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by inserting 
after the item relating to section 931 the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.''.
    (c) Directive to the Sentencing Commission.--Pursuant to its 
authority under section 994 of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and amend its guidelines and policy statements to ensure 
that persons convicted of an offense under section 932 or 933 of title 
18, United States Code, and other offenses applicable to the straw 
purchases and firearms trafficking of firearms are subject to increased 
penalties in comparison to those currently provided by the guidelines 
and policy statements for such straw purchasing and firearms 
trafficking offenses. In its review, the Commission shall consider, in 
particular, an appropriate amendment to reflect the intent of Congress 
that straw purchasers without significant criminal histories receive 
sentences that are sufficient to deter participation in such 
activities. The Commission shall also review and amend its guidelines 
and policy statements to reflect the intent of Congress that a person 
convicted of an offense under section 932 or 933 of title 18, United 
States Code, who is affiliated with a gang, cartel, organized crime 
ring, or other such enterprise should be subject to higher penalties 
than an otherwise unaffiliated individual.

SEC. 12. INCREASED PENALTIES FOR LYING AND BUYING.

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

SEC. 13. AMENDMENTS TO SECTION 924(A).

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``(d), (g),''; and
            (2) by adding at the end the following:
            ``(8) Whoever knowingly violates subsection (d), (g), or 
        (n) of section 922 shall be fined under this title, imprisoned 
        not more than 15 years, or both.''.

SEC. 14. AMENDMENTS TO SECTION 924(H).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing that such 
firearm or ammunition will be used to commit a crime of violence (as 
defined in subsection (c)(3)), a drug trafficking crime (as defined in 
subsection (c)(2)), a Federal crime of terrorism (as defined in section 
2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 
et seq.), the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 
U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined 
in accordance with this title, or both.''.

SEC. 15. AMENDMENTS TO SECTION 924(K).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k)(1) A person who, with intent to engage in or promote conduct 
that--
            ``(A) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
            ``(B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802);
            ``(C) constitutes a crime of violence (as defined in 
        subsection (c)(3)); or
            ``(D) constitutes a Federal crime of terrorism (as defined 
        in section 2332b(g)),
smuggles or knowingly brings into the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.
    ``(2) A person who, with intent to engage in or to promote conduct 
that--
            ``(A) would be punishable under the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
        46, if the conduct had occurred within the United States; or
            ``(B) would constitute a crime of violence (as defined in 
        subsection (c)(3)) or a Federal crime of terrorism (as defined 
        in section 2332b(g)) for which the person may be prosecuted in 
        a court of the United States, if the conduct had occurred 
        within the United States,
smuggles or knowingly takes out of the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.''.

SEC. 16. MULTIPLE SALES REPORTS FOR RIFLES AND SHOTGUNS.

    Section 923(g)(5) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(C) The Attorney General may not require a licensee to submit 
ongoing or periodic reporting of the sale or other disposition of 2 or 
more rifles or shotguns during a specified period of time.''.

SEC. 17. STUDY BY THE NATIONAL INSTITUTES OF JUSTICE AND NATIONAL 
              ACADEMY OF SCIENCES ON THE CAUSES OF MASS SHOOTINGS.

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

SEC. 18. REPORTS TO CONGRESS REGARDING AMMUNITION PURCHASES BY FEDERAL 
              AGENCIES.

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

SEC. 19. REDUCTION OF BYRNE JAG FUNDS FOR STATE FAILURE TO PROVIDE 
              MENTAL HEALTH RECORDS TO NICS.

    Section 104(b) of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40914(b)) is amended--
            (1) by striking paragraphs (1) and (2);
            (2) by redesignating paragraph (3) as paragraph (2);
            (3) in paragraph (2), as so redesignated, by striking ``of 
        paragraph (2)'' and inserting ``of paragraph (1)''; and
            (4) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Reduction for failure to provide mental health 
        records.--
                    ``(A) In general.--During the period beginning on 
                the date that is 18 months after the date of enactment 
                of the Protecting Communities and Preserving the Second 
                Amendment Act of 2021 and ending on the day before the 
                date described in subparagraph (B), the Attorney 
                General shall withhold 5 percent of the amount that 
                would otherwise be allocated to a State under section 
                505 of title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (34 U.S.C. 10156) if the State does 
                not--
                            ``(i) provide not less than 90 percent of 
                        the records required to be provided under 
                        sections 102 and 103; or
                            ``(ii) have in effect a statute that--
                                    ``(I) requires the State to provide 
                                the records required to be provided 
                                under sections 102 and 103; and
                                    ``(II) implements a relief from 
                                disabilities program in accordance with 
                                section 105.
                    ``(B) Final implementation deadline.--Beginning on 
                the date that is 5 years after the date of enactment of 
                the Protecting Communities and Preserving the Second 
                Amendment Act of 2021, the Attorney General shall 
                withhold 10 percent of the amount that would otherwise 
                be allocated to a State under section 505 of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (34 U.S.C. 10156) if the State does not have in effect 
                a statute described in subparagraph (A)(ii) of this 
                paragraph.''.

SEC. 20. FIREARM COMMERCE MODERNIZATION.

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

SEC. 21. FIREARM DEALER ACCESS TO LAW ENFORCEMENT INFORMATION.

    (a) In General.--Section 103(b) of the Brady Handgun Violence 
Prevention Act (34 U.S.C. 40901), is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following:
            ``(2) Voluntary background checks.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of the Protecting Communities and 
                Preserving the Second Amendment Act of 2021, the 
                Attorney General shall promulgate regulations allowing 
                licensees to use the national instant criminal 
                background check system established under this section 
                for purposes of conducting voluntary, no fee employment 
                background checks on current or prospective employees.
                    ``(B) Notice.--Before conducting an employment 
                background check relating to an individual under 
                subparagraph (A), a licensee shall--
                            ``(i) provide written notice to the 
                        individual that the licensee intends to conduct 
                        the background check; and
                            ``(ii) obtain consent to conduct the 
                        background check from the individual in 
                        writing.
                    ``(C) Exemption.--An employment background check 
                conducted by a licensee under subparagraph (A) shall 
                not be governed by the Fair Credit Reporting Act (15 
                U.S.C. 1681 et seq.).
                    ``(D) Appeal.--Any individual who is the subject of 
                an employment background check conducted by a licensee 
                under subparagraph (A) the result of which indicates 
                that the individual is prohibited from possessing a 
                firearm or ammunition pursuant to subsection (g) or (n) 
                of section 922 of title 18, United States Code, may 
                appeal the results of the background check in the same 
                manner and to the same extent as if the individual had 
                been the subject of a background check relating to the 
                transfer of a firearm.''.
    (b) Acquisition, Preservation, and Exchange of Identification 
Records and Information.--Section 534 of title 28, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) provide a person licensed as an importer, 
        manufacturer, or dealer of firearms under chapter 44 of title 
        18 with information necessary to verify whether firearms 
        offered for sale to such licensees have been stolen.''; and
            (2) in subsection (b), by inserting ``, except for 
        dissemination authorized under subsection (a)(5) of this 
        section'' before the period.
    (c) Regulations.--Not later than 90 days after the date of 
enactment of this Act, and without regard to chapter 5 of title 5, 
United States Code, the Attorney General shall promulgate regulations 
allowing a person licensed as an importer, manufacturer, or dealer of 
firearms under chapter 44 of title 18, United States Code, to receive 
access to records of stolen firearms maintained by the National Crime 
Information Center operated by the Federal Bureau of Investigation, 
solely for the purpose of voluntarily verifying whether firearms 
offered for sale to such licensees have been stolen.
    (d) Statutory Construction; Evidence.--
            (1) Statutory construction.--Nothing in this section or the 
        amendments made by this section shall be construed--
                    (A) to create a cause of action against any person 
                licensed as an importer, manufacturer, or dealer of 
                firearms under chapter 44 of title 18, United States 
                Code, or any other person for any civil liability; or
                    (B) to establish any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding the use or non-use by a person licensed as 
        an importer, manufacturer, or dealer of firearms under chapter 
        44 of title 18, United States Code, of the systems, 
        information, or records made available under this section or 
        the amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity.

SEC. 22. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

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

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

SEC. 23. PREVENTING DUPLICATIVE GRANTS.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end 
the following:
    ``(n) Preventing Duplicative Grants.--
            ``(1) In general.--Before the Attorney General awards a 
        grant to an applicant under this part, the Attorney General 
        shall compare potential grant awards with grants awarded under 
        part A or T to determine if duplicate grant awards are awarded 
        for the same purpose.
            ``(2) Report.--If the Attorney General awards duplicate 
        grants to the same applicant for the same purpose the Attorney 
        General shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a report that includes--
                    ``(A) a list of all duplicate grants awarded, 
                including the total dollar amount of any duplicate 
                grants awarded; and
                    ``(B) the reason the Attorney General awarded the 
                duplicate grants.''.
                                                        Calendar No. 62

117th CONGRESS

  1st Session

                                S. 1775

_______________________________________________________________________
Protecting Communities and Preserving the Second Amendment Act of 2021
A bill to address gun violence, improve the availability of records to the National Instant Criminal Background Check System, address mental illness in the criminal justice system, and end straw purchases and trafficking of illegal firearms, and for other purposes.
Protecting Communities and Preserving the Second Amendment Act of 2021
Sen. Grassley, Chuck