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May 7, 2025
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May 7, 2025
Read twice and referred to the Committee on the Judiciary.
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Read twice and referred to the Committee on the Judiciary.
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May 7, 2025
Introduced in Senate
Type: IntroReferral
| Source: Library of Congress
| Code: 10000
May 7, 2025
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Crime and Law Enforcement
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May 7, 2025
May 7, 2025
Full Bill Text
Length: 45,122 characters
Version: Introduced in Senate
Version Date: May 7, 2025
Last Updated: Nov 21, 2025 6:20 AM
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1652 Introduced in Senate
(IS) ]
<DOC>
119th CONGRESS
1st Session
S. 1652
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 for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2025
Mr. Grassley (for himself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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 for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
[From the U.S. Government Publishing Office]
[S. 1652 Introduced in Senate
(IS) ]
<DOC>
119th CONGRESS
1st Session
S. 1652
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 for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2025
Mr. Grassley (for himself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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 for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.
(a) Short Title.--This Act may be cited as the ``Protecting
Communities and Preserving the Second Amendment Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
mentally incompetent for certain purposes.
Sec. 7.
Sec. 8.
Sec. 9.
purchase firearms.
Sec. 10.
Sec. 11.
Sec. 12.
section 924.
Sec. 13.
Academy of Sciences on the causes of mass
shootings.
shootings.
Sec. 14.
agencies.
Sec. 15.
mental health records to NICS.
Sec. 16.
Sec. 17.
Sec. 18.
Sec. 19.
SEC. 2.
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 ``covered firearms provision'' means
(2) the term ``covered firearms provision'' means
section 922, 924, 932, or 933 of title 18, United States Code, or
section 5861 of the Internal Revenue Code of 1986;
(3) the term ``NICS'' means the National Instant Criminal
Background Check System; and
(4) 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
(3) the term ``NICS'' means the National Instant Criminal
Background Check System; and
(4) 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.
of title 18, United States Code.
SEC. 3.
(a) In General.--
Section 103 of the NICS Improvement Amendments Act
of 2007 (34 U.
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 2026 through 2030.''; 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.--
``
(A) In general.--Beginning in the first fiscal
year beginning after the date of enactment of the
Protecting Communities and Preserving the Second
Amendment Act of 2025, 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.
``
(B) Selection of grantees for audit.--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
(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 2026 through 2030.''; 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.--
``
(A) In general.--Beginning in the first fiscal
year beginning after the date of enactment of the
Protecting Communities and Preserving the Second
Amendment Act of 2025, 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.
``
(B) Selection of grantees for audit.--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.
(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 (34 U.
(A) in subsection
(a)
(1) , by striking ``and subject
to
(a)
(1) , by striking ``and subject
to
section 102
(b)
(1)
(B) ''; and
(B) in subsection
(e)
(2)
(B)
(ii)
(II) , by striking
``
(b)
(1)
(B) ''; and
(B) in subsection
(e)
(2)
(B)
(ii)
(II) , by striking
``
section 102
(b)
(1)
(C) '' and inserting ``
(b)
(1)
(C) '' and inserting ``
section 102
(b)
(1)
(B) ''; and
(3) in
(b)
(1)
(B) ''; and
(3) in
section 104
(d) (34 U.
(d) (34 U.S.C. 40914
(d) ), by striking
``
(d) ), by striking
``
section 102
(b)
(1)
(C) '' and inserting ``
(b)
(1)
(C) '' and inserting ``
section 102
(b)
(1)
(B) ''.
(b)
(1)
(B) ''.
SEC. 4.
(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.
(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:
``
(39)
(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 herself
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
(a) , by adding at the end the following:
``
(39)
(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 herself
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 herself 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.
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 herself 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
``
(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 herself 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
(c) or under a
program described in
program described in
section 101
(c) (2)
(A) or 105 of the NICS
Improvement Amendments Act of 2007 (34 U.
(c) (2)
(A) or 105 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40911
(c) (2)
(A) ,
40915).
``
(40) 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
(A) or 105 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40911
(c) (2)
(A) ,
40915).
``
(40) 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'';
(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''; and
(C) in subsection
(s)
(3)
(B)
(iv) --
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``a mental institution''
and inserting ``a psychiatric hospital''.
(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'';
(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''; and
(C) in subsection
(s)
(3)
(B)
(iv) --
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``a mental institution''
and inserting ``a 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
(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'';
(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''; and
(C) in subsection
(s)
(3)
(B)
(iv) --
(i) by striking ``as a mental defective''
and inserting ``mentally incompetent''; and
(ii) by striking ``a mental institution''
and inserting ``a 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.
(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''.
(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.
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:
``
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by adding at the end the following:
``
Sec. 5511.
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 mentally
incompetent under subsection
(d) (4) or
(g)
(4) of
``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 mentally
incompetent 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.
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 considering certain persons as adjudicated
mentally incompetent for certain
purposes.''.
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 considering certain persons as adjudicated
mentally incompetent for certain
purposes.''.
SEC. 7.
(a) NICS Reports.--Not later than October 1, 2026, 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) === Definition. ===
-In this subsection, the term ``covered
firearms case'' means a 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 a covered firearms provision.
(2) Report to congress.--Not later than February 1, 2026,
and February 1 of every year thereafter through 2035, the
Attorney General shall submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and the
Committee on the Judiciary and the Committee on Appropriations
of the House of Representatives a report regarding covered
firearms cases during the fiscal year that ended on September
30 of the preceding year.
(3) 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
(2) , information
relating to any covered firearms case.
(4) Elements of annual report.--The reports submitted under
paragraph
(2) shall include, for the fiscal year covered by the
report--
(A) a list of the covered firearms cases in which a
decision has been made not to charge an individual with
a violation of a covered firearms provision, or any
other violation of Federal criminal law;
(B) in any covered firearms case described in
subparagraph
(A) , the reason that no charge was filed
under a covered firearms provision;
(C) for each covered firearms case--
(i) whether an indictment, information, or
other charge has been filed against any person
or whether the matter is pending;
(ii) if an indictment, information, or
other charge has been filed, whether the
charging document contains 1 or more counts
alleging a violation of a covered firearms
provision;
(iii) if a charging document was filed that
contains 1 or more counts alleging a violation
of a covered firearms provision, whether a plea
agreement of any kind has been entered into
with the individual charged in the case;
(iv) if a plea agreement has been entered--
(I) whether the plea agreement
required that the individual plead
guilty or enter a plea of nolo
contendere or otherwise caused a court
to enter a conviction against that
individual for a violation of a covered
firearms provision; and
(II) if the plea agreement did not
require that the individual plead
guilty or enter a plea of nolo
contendere or otherwise cause a court
to enter a conviction against that
individual for a violation of a covered
firearms provision, the charges to
which that individual did plead guilty;
(v) if a charging document was filed that
contains 1 or more counts alleging a violation
of a covered firearms provision, the result of
any trial of such charges (guilty, not guilty,
mistrial); and
(vi) if a charging document was filed that
did not contain a count alleging a violation of
a covered firearms provision, 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);
(D) 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
(E) the number of prosecutions conducted in
relation to persons described in subparagraph
(D) .
(t) of title
18, United States Code; and
(E) the number of prosecutions conducted in
relation to persons described in subparagraph
(D) .
SEC. 8.
(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 a
covered firearms provision;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral for
investigation or prosecution by the Bureau of Alcohol, Tobacco,
Firearms and Explosives and the United States Attorney of
instances in which the State or local law enforcement officials
determine that there is probable cause to believe that a person
arrested by the officials has violated a covered firearms
provision;
(3) provide for the establishment of multijurisdictional
task forces, coordinated by the Executive Office for United
States Attorneys to investigate and prosecute illegal straw
purchasing rings that purchase firearms in 1 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 a covered firearms provision; and
(5) ensure that each person referred to the United States
Attorney under paragraph
(2) be charged with a violation of the
most serious covered firearms provision, 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 a violation of a
covered firearms provision during the preceding year as a
result of the program.
(2) The increase or decrease in the number of individuals
indicted for a violation of a covered firearms provision during
the preceding year as a result of the program when compared
with the year before such preceding year.
(3) The number of individuals held without bond in
anticipation of prosecution as a result of the program during
the preceding year.
(4) To the extent the information is available, the average
length of prison sentence of the individuals convicted of a
violation of a covered firearms provision as a result of the
program.
(5) The number of multijurisdictional task forces
established and the number of individuals arrested, indicted,
convicted or acquitted of charges for a violation of a covered
firearms provision.
(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 2026, 2027, and 2028, 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 covered firearms provisions in
accordance with any agreement entered into under
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 covered firearms
provisions in accordance with any agreement entered
into under subsection
(b)
(2) , with an emphasis on
heightened enforcement and prosecution of straw
purchasers under
section 932 or 933 of title 18, United
States Code.
States Code.
SEC. 9.
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
twice per 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.--
(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
twice per 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
(I) , by striking ``and'' at the end;
(2) in subparagraph
(J)
(ii) , by striking the period at the
end and inserting ``; and''; and
(3) by inserting after subparagraph
(J) and before the
flush text the following:
``
(K) the investigation and prosecution of cases of
convicted felons and fugitives from justice who illegally
attempt to purchase a firearm, in accordance with the direction
provided under
(c) (1) of title 28,
United States Code, is amended--
(1) in subparagraph
(I) , by striking ``and'' at the end;
(2) in subparagraph
(J)
(ii) , by striking the period at the
end and inserting ``; and''; and
(3) by inserting after subparagraph
(J) and before the
flush text the following:
``
(K) the investigation and prosecution of cases of
convicted felons and fugitives from justice who illegally
attempt to purchase a firearm, in accordance with the direction
provided under
United States Code, is amended--
(1) in subparagraph
(I) , by striking ``and'' at the end;
(2) in subparagraph
(J)
(ii) , by striking the period at the
end and inserting ``; and''; and
(3) by inserting after subparagraph
(J) and before the
flush text the following:
``
(K) the investigation and prosecution of cases of
convicted felons and fugitives from justice who illegally
attempt to purchase a firearm, in accordance with the direction
provided under
section 9 of the Protecting Communities and
Preserving the Second Amendment Act of 2025, provided that--
``
(i) not more than $10,000,000 shall be available
to the Attorney General for each of fiscal years 2026
through 2030 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
Preserving the Second Amendment Act of 2025, provided that--
``
(i) not more than $10,000,000 shall be available
to the Attorney General for each of fiscal years 2026
through 2030 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
``
(i) not more than $10,000,000 shall be available
to the Attorney General for each of fiscal years 2026
through 2030 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 2025.
Preserving the Second Amendment Act of 2025.''.
SEC. 10.
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.
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)''.
(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. 12.
SECTION 924
(A) .
(A) .
Section 924
(a)
(8) of title 18, United States Code, is amended by
striking ``
(d) or
(g) '' and inserting ``
(d) ,
(g) , or
(n) ''.
(a)
(8) of title 18, United States Code, is amended by
striking ``
(d) or
(g) '' and inserting ``
(d) ,
(g) , or
(n) ''.
SEC. 13.
ACADEMY OF SCIENCES ON THE CAUSES OF MASS SHOOTINGS.
(a) In General.--
(1) Study.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Attorney General
shall instruct the Director of the National Institute
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.
(B) Contract with the national academy of
sciences.--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 Director of
the National Institute of Justice 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, played, 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.
(a) In General.--
(1) Study.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Attorney General
shall instruct the Director of the National Institute
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.
(B) Contract with the national academy of
sciences.--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 Director of
the National Institute of Justice 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, played, 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. 14.
AGENCIES.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit to the
Speaker of the House of Representatives, the President pro tempore of
the Senate, and the Chairs and Ranking Members of the Committee on
Appropriations, the Committee on the Judiciary, and the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Appropriations, the Committee on the Judiciary, the
Committee on Homeland Security, and the Committee on Oversight and
Accountability of the House of Representatives, a report including--
(1) details of all purchases of ammunition by each Federal
agency during the preceding year;
(2) a summary of all purchases, solicitations, and
expenditures on ammunition by each Federal agency during the
preceding year;
(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 during the preceding year;
and
(4) an estimate of ammunition needs and purchases for each
Federal agency for the next fiscal year.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit to the
Speaker of the House of Representatives, the President pro tempore of
the Senate, and the Chairs and Ranking Members of the Committee on
Appropriations, the Committee on the Judiciary, and the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Appropriations, the Committee on the Judiciary, the
Committee on Homeland Security, and the Committee on Oversight and
Accountability of the House of Representatives, a report including--
(1) details of all purchases of ammunition by each Federal
agency during the preceding year;
(2) a summary of all purchases, solicitations, and
expenditures on ammunition by each Federal agency during the
preceding year;
(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 during the preceding year;
and
(4) an estimate of ammunition needs and purchases for each
Federal agency for the next fiscal year.
SEC. 15.
MENTAL HEALTH RECORDS TO NICS.
Section 104
(b) of the NICS Improvement Amendments Act of 2007 (34
U.
(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 2025 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.
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
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 2025, the Attorney General shall
withhold 10 percent of the amount that would otherwise
be allocated to a State under
(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 2025, 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.
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.''.
(34 U.S.C. 10156) if the State does not have in effect
a statute described in subparagraph
(A)
(ii) of this
paragraph.''.
SEC. 16.
(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)
(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.
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.--
(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.
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.''.
(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. 17.
(a) In General.--
Section 926A of title 18, United States Code, is
amended to read as follows:
``
amended to read as follows:
``
``
Sec. 926A.
``
(a)
(a)
=== Definition. ===
-In this section, the term `transport' includes--
``
(1) staying in temporary lodging overnight;
``
(2) stopping for food, fuel, vehicle maintenance, an
emergency, or medical treatment; and
``
(3) 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.
``926A. Interstate transportation of firearms or ammunition.''.
SEC. 18.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.
Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end
the following:
``
(q) 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.''.
the following:
``
(q) 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.''.
SEC. 19.
(a) In General.--The Attorney General shall establish or continue
to maintain a firearms trafficking task force in each of the following
field divisions of the Bureau of Alcohol, Tobacco, Firearms and
Explosives:
(1) The Houston Field Division.
(2) The Phoenix Field Division.
(3) The Dallas Field Division.
(4) The Los Angeles Field Division.
(b) Staffing.--Each firearms trafficking task force established or
maintained under subsection
(a) shall consist of no fewer than 12
special agents of the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(c) Duties.--Each firearms trafficking task force established or
maintained under subsection
(a) shall investigate firearms trafficking,
with an emphasis on detecting and investigating violations of sections
932 and 933 of title 18, United States Code.
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