Richard J. Durbin
Senator for Illinois · Democratic · United States
“(c) Duties of the Commission.--The Commission shall-- (1) conduct pursuant to subsection (a) a comprehensive study that examines and assesses the adequacy of laws addressing child marriage and the extent of child marriage across the country, including making specific findings relating to-- (A) barriers to and gaps in services for minors f…”
“(c) Duties of the Commission.--The Commission shall-- (1) conduct pursuant to subsection (a) a comprehensive study that examines and assesses the adequacy of laws addressing child marriage and the extent of child marriage across the country, including making specific findings relating to-- (A) barriers to and gaps in services for minors f…”
“(4) Qualifications.--Members appointed under paragraph (1) shall have demonstrated experience or expertise in-- (A) providing services to survivors of child marriage in the United States; (B) providing services to immigrant survivors of child marriage in the United States; (C) working with State governments to limit child marriage; (D) th…”
“(4) Qualifications.--Members appointed under paragraph (1) shall have demonstrated experience or expertise in-- (A) providing services to survivors of child marriage in the United States; (B) providing services to immigrant survivors of child marriage in the United States; (C) working with State governments to limit child marriage; (D) th…”
“(3) Rule of construction.--The amendments made by this subsection may not be construed to preclude, limit, or modify eligibility of any noncitizen spouse subjected to battery or extreme cruelty and otherwise eligible for relief as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C.”
“(3) Rule of construction.--The amendments made by this subsection may not be construed to preclude, limit, or modify eligibility of any noncitizen spouse subjected to battery or extreme cruelty and otherwise eligible for relief as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C.”
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“(2) Background check required before firearm possession by dealer employee.--Section 923(g) of title 18, United States Code, as amended by section 7 of this Act, is amended by adding at the end the following: ``(11) A licensed dealer may not allow an employee to possess a firearm at a premises from which the licensed dealer conducts business subject to license under this chapter, unless-- ``(A) the employee is at least the minimum age required by State and local law to possess or receive a firearm; ``(B) the licensed dealer has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.”
“40901) to determine whether it would be unlawful for the applicant, or any employee of the applicant identified by the applicant on the application as trusted with the possession or receipt of any firearm, to be transferred or receive a firearm, and the system has notified the Attorney General that the information available to the system does not demonstrate that the transfer to or receipt of a firearm by the applicant or any such employee would violate subsection (d), (g), or (n) (as applicable) of section 922 or State, local, or Tribal law where the business premises of the applicant subject to the license is located.''.”
“SEC. 21. DEALER AND EMPLOYEE BACKGROUND CHECKS. (a) Requirements.-- (1) Background checks required before issuance or renewal of dealers license.--Section 923(c)(1) of title 18, United States Code, as so designated by section 12 of this Act, is amended by inserting after the first sentence the following: ``Notwithstanding the preceding sentence, the Attorney General may not issue or renew a license unless the Attorney General has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.”
“(d) Conforming Amendments.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 922-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``or'' at the end; (II) in subparagraph (B), by adding ``or'' at the end; and (III) by adding at the end the following: ``(C) except a licensed facilitator, to engage in the business of hosting a commercial marketplace in which offers for firearm sales, purchases, or other transfers are allowed to be made;''; and (ii) in paragraph (6)-- (I) by striking ``or licensed collector'' and inserting ``licensed collector, or licensed facilitator''; and (II) by striking ``or collector'' and inserting ``collector, or facilitator''; and (B) in subsection (m), by striking ``or licensed collector'' and inserting ``licensed collector, or licensed facilitator''; (2) in section 923-- (A) in subsection (c)(1), as so designated by section 12 of this Act, in the first sentence, by inserting ``or facilitate firearm sales, purchases, or other transfers'' before ``during the period stated in the license''; (B) in subsection (g)(1)(A)-- (i) in the matter preceding clause (i)-- (I) in the first sentence, by striking ``and licensed dealer'' and inserting ``licensed dealer, and licensed facilitator''; and (II) in the last sentence, by inserting ``licensed facilitator,'' before ``or any licensed importer''; (ii) in clause (i), by striking ``or licensed collector'' and inserting ``, licensed collector, or licensed facilitator''; and (iii) in clause (ii), by striking ``or licensed collector'' and inserting ``, licensed collector, or licensed facilitator''; and (C) in subsection (j), in the first sentence, by striking ``or licensed dealer'' and inserting ``licensed dealer, or licensed facilitator''; and (3) in section 924(a)(3), as amended by section 7-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``or licensed collector'' and inserting ``licensed collector, or licensed facilitator''; and (B) in subparagraph (B), by striking ``or licensed collector'' and inserting ``licensed collector, or licensed facilitator''.”
“(c) Liability.--Section 924(h) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' before ``Whoever''; and (2) by adding at the end the following: ``(2) Whoever, having accepted an offer to transfer ownership of a firearm using a commercial marketplace of a licensed facilitator in order to complete a firearm transaction as described in subsection (n)(1), knowingly transfers the firearm to a person not licensed under this chapter without a licensed importer, licensed manufacturer, or licensed dealer first taking possession of the firearm for the purpose of complying with section 922(t)-- ``(A) except as provided in subparagraph (B), shall be fined under this title, imprisoned for not more than 1 year, or both; or ``(B) if transfer of the firearm to, or receipt of the firearm by, the transferee violates subsection (d), (g), or (n) of section 922, or the firearm is used to commit a crime of violence (as defined in section (c)(3) of this section) or drug trafficking crime (as defined in subsection (c)(2) of this section), shall be fined under this title, imprisoned for not more than 10 years, or both.''.”
“``(2) Advance identification of licensed dealer.--A licensed facilitator may require a prospective seller, as a condition of using the commercial marketplace of the licensed facilitator, to, before offering a firearm for sale, identify a licensed dealer that will take possession of the firearm and complete the sale. ``(3) Licensee compliance.--On taking possession of a firearm sold, purchased, or otherwise transferred in a commercial marketplace of a licensed facilitator, a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.''.”
“[[Page S2180]] (b) Completed Facilitated Sales.--Section 923 of title 18, United States Code, as amended by section 5, is amended by adding at the end the following: ``(n) Duties of Facilitators.-- ``(1) In general.--A licensed facilitator shall-- ``(A) inform each prospective seller using the commercial marketplace of the licensed facilitator that any offer for firearm sales, purchases, or other transfers made using the commercial marketplace may be completed only with the assistance of a licensed importer, licensed manufacturer, or licensed dealer, who must take possession of the firearm directly from the transferor for the purpose of complying with section 922(t); ``(B) require each prospective firearm seller using the commercial marketplace of the licensed facilitator to complete each firearm sale, purchase, or other transfer as described in subparagraph (A); and ``(C) maintain records of any sale, purchase, or other transfer described in subparagraph (A), which shall include-- ``(i) the date of the offer; ``(ii) the name of the offeror; ``(iii) the name and the licensee number of the licensee that will take possession of the firearm directly from the transferor; and ``(iv) the model, serial number, type, and caliber or gauge of the firearm involved.”
“(c) Notice Requirement.--Section 923(f)(1) of title 18, United States Code, is amended, in the first sentence, by inserting before the period at the end the following: ``and setting forth the provisions of Federal law and regulation that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms and the restrictions set forth in section 922(aa)''. SEC. 20. REGULATION OF FACILITATORS OF FIREARM TRANSFERS. (a) Licensing.--Section 923(a) of title 18, United States Code, is amended by adding at the end the following: ``(4) If the applicant is a facilitator of firearm sales, purchases, or other transfers, a fee of $1,000 per year.''.”
“``(2) Waiver.--Upon a showing by a licensee of good cause, the Attorney General may issue a written waiver of paragraph (1) if the licensee authorizes the Attorney General to inspect the records and inventory of the licensee at any time to ensure that the licensee is in compliance with this chapter.''. (b) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(9) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned for not more than 1 year, or both.''.”
“(a) Restrictions.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Unlawful Acts Upon Incurring Federal Disability or Notice of License Suspension, Revocation, or Denied Renewal.-- ``(1) In general.--It shall be unlawful for a licensed importer, licensed manufacturer, licensed dealer, licensed collector, or licensed facilitator who incurs a disability imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition during the term of a license issued under this chapter or while an application to renew such a license is pending, or who has been notified by the Attorney General that a license issued to the licensee under this chapter has been suspended or revoked or that an application of the licensee to renew such a license has been denied, to-- ``(A) transfer a business inventory firearm-- ``(i) into the personal collection of the licensee; or ``(ii) to any person other than a licensee under this chapter or a Federal, State, or local law enforcement agency; or ``(B) receive a business inventory firearm.”
“Section 922(t)(5) of title 18, United States Code, is amended by inserting before the period at the end the following: ``in the case of the first violation and, in the case of a subsequent violation, shall immediately suspend or revoke any license issued to the licensee under section 923 and impose on the licensee a civil fine equal to $20,000''. SEC. 19. UNLAWFUL ACTS UPON INCURRING FEDERAL DISABILITY OR NOTICE OF LICENSE SUSPENSION, REVOCATION, OR DENIED RENEWAL.”
“Section 925(b) of title 18, United States Code, as so redesignated by section 15(a) of this Act, is amended by striking the fourth sentence and inserting the following: ``This subsection shall not be construed to prohibit the Attorney General from, on a showing by a licensee of good cause, permitting the licensee to continue operations while an application for relief from disabilities is pending.''. SEC. 17. PRESUMPTION OF KNOWLEDGE OF STATE LAW IN SALE OF LONG GUNS TO RESIDENTS OF ANOTHER STATE. Section 922(b)(3) of title 18, United States Code, is amended by striking ``in the absence of evidence to the contrary,''. SEC. 18. INCREASED PENALTIES FOR KNOWING TRANSFER OF FIREARM WITHOUT CONDUCTING A BACKGROUND CHECK.”
“(2) Foreign military sales act.--Section 38(b)(1)(B)(i) of the Foreign Military Sales Act (22 U.S.C. 2778(b)(1)(B)(i)) is amended by striking ``925(e)'' and inserting ``925(d)''. (3) NICS improvement amendments act of 2007.--Section 101(c)(2)(A)(iii) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911(c)(2)(A)(iii)) is amended by striking ``925(c)'' and inserting ``925(b)''. (4) Atomic energy act of 1954.--Section 161A(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2201a(b)) is amended by striking ``925(d)(3)'' and inserting ``925(c)(3)''. SEC. 16. ELIMINATION OF RELIEF WHILE FEDERAL DISABILITY RELIEF APPLICATION PENDING.”
“(b) Conforming Amendments.-- (1) Chapter 44 of title 18, united states code.--Chapter 44 of title 18, United States Code, is amended-- (A) in section 922-- (i) in subsection (d), in the second sentence-- (I) by striking ``licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a''; and (II) by striking ``subsection (c) of section 925'' and inserting ``section 925(b)''; (ii) in subsection (l), by striking ``925(d) of this chapter'' and inserting ``925(c)''; and (iii) in subsection (r), by striking ``925(d)(3) of this chapter'' and inserting ``925(c)(3)''; and (B) in section 925(f), by striking ``subsection (d)'' and inserting ``subsection (c)''.”
“(b) Fees for Licensed Collectors.--Section 923(b) of title 18, United States Code, is amended by striking ``$10'' and inserting ``$20''. SEC. 14. ELIMINATION OF OBLIGATORY STAY OF EFFECTIVE DATE OF LICENSE REVOCATION. Section 923(f)(2) of title 18, United States Code, is amended, in the second sentence, by striking ``shall upon the request of the holder of the license'' and inserting ``may, upon a showing by the holder of the license of good cause,''. SEC. 15. ELIMINATION OF RELIEF FOR DEALERS INDICTED FOR A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR. (a) In General.--Section 925 of title 18, United States Code, is amended-- (1) by striking subsection (b); and (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively.”
“(a) Fees for Licensed Importers, Manufacturers, and Dealers in Firearms and Importers and Manufacturers of Ammunition.-- Section 923(a) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$2,000''; (B) in subparagraph (B), by striking ``$50'' and inserting ``$100''; and (C) in subparagraph (C), by striking ``$10'' and inserting ``$20''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$2,000''; and (B) in subparagraph (B), by striking ``$50'' and inserting ``$100''; and (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$2,000''; and (B) in subparagraph (B)-- (i) by striking ``$200'' and inserting ``$400''; and (ii) by striking ``$90'' and inserting ``$180''.”
“(2) Fiscal year 2012.--The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609) is amended by striking the ninth proviso. SEC. 13. INCREASED LICENSING FEES.”
“(c) Authority to Promulgate Rules.--Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking ``only''. (d) Repeal of Riders Limiting Use of Funds to Deny Licenses Due to Lack of Business Activity.-- (1) Fiscal year 2013.--The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113- 6; 127 Stat. 247) is amended by striking the sixth proviso.”
“(b) Authority to Revoke or Suspend Licenses.--Section 923 of title 18, United States Code, is amended-- (1) in subsection (e)-- (A) in the first sentence, by inserting ``or suspend'' after ``revoke''; and (B) in the third sentence, by striking ``Secretary's'' and inserting ``Attorney General's''; and (2) in subsection (f)-- (A) in paragraph (1)-- (i) by inserting ``or suspended'' after ``revoked'' each place it appears; and (ii) by inserting ``or suspension'' after ``revocation'' each place it appears; (B) in paragraph (2)-- (i) by striking ``, or revokes'' and inserting ``, revokes, or suspends''; and (ii) by striking ``or revocation'' and inserting ``, revocation, or suspension''; and (C) in paragraph (3)-- (i) by inserting ``or suspend'' after ``revoke'' each place it appears; and (ii) by striking ``or revocation'' and inserting ``, revocation, or suspension''.”
“(a) Denial Authority.--Section 923 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) by inserting ``(1)'' before ``Upon''; [[Page S2179]] (B) in the first sentence, by inserting ``, subject to paragraph (2),'' after ``the Attorney General shall''; and (C) by adding at the end the following: ``(2) The Attorney General shall deny an application submitted under subsection (a) or (b) if the Attorney General determines that-- ``(A) issuing the license would pose a danger to public safety; or ``(B) the applicant-- ``(i) is not likely to comply with the law; or ``(ii) is otherwise not suitable to be issued a license.''; and (2) in subsection (d)(1)-- (A) in the matter preceding subparagraph (A), by striking ``shall'' and inserting ``or renewal thereof shall, subject to subsection (c)(2),''; (B) in subparagraph (C), by striking ``not willfully violated'' and inserting ``no uncured violations of''; and (C) in subparagraph (F)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(iv) each employee employed in the business-- ``(I) will be at least the minimum age at which individuals may possess a firearm in the locality in which the business will be conducted; and ``(II) is not prohibited from being transferred a firearm, or transporting, shipping, or receiving firearms or ammunition, in interstate or foreign commerce by subsection (d), (g), or (n) (as applicable) of section 922 or by State, local, or Tribal law; and''.”
“``(ii) On completion of a security inspection under clause (i), the Attorney General shall provide the licensed dealer with-- ``(I) a notice of any violation by the licensed dealer of any security requirements prescribed under section 926(d); and ``(II) recommendations for improving security of the premises involved.''. (d) Elimination of Limit on Inspection of Other Premises.-- Section 923(j) of title 18, United States Code, is amended by striking the sixth sentence. SEC. 12. AUTHORITY WITH REGARD TO LICENSE ISSUANCE AND RENEWAL.”
“(c) Mandated Security Inspection of Dealers Reporting Lost or Stolen Firearms.--Section 923(g)(6) of title 18, United States Code, is amended-- (1) by inserting ``(A)'' after ``(6)''; and (2) by adding at the end the following: ``(B)(i) If the Attorney General receives a report under subparagraph (A) from a licensed dealer, the Attorney General shall conduct an independent inspection of the security of the premises at which the theft occurred, which shall include an inspection of the measures taken to implement the security plan submitted by the licensed dealer under subsection (d)(1)(G)(ii).”
“(b) Elimination of Limit on Inspection of Licensee Records.--Section 923(g)(1)(B)(i)(II) of title 18, United States Code, as redesignated by subsection (a), is amended-- (1) by striking ``--'' and all that follows through ``(bb)''; and (2) by striking ``with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee''.”
“``(III) Not later than 180 days after the date on which an inspection or examination under subclause (I) reveals a violation of this section or any regulation prescribed under this chapter, and not later than 180 days after a security inspection conducted under paragraph (6)(B)(i) of this subsection, the Attorney General shall conduct an inspection or examination to determine whether the violation identified in the preceding inspection or examination has been cured. ``(IV) Not less frequently than once every 5 years, the Attorney General shall inspect or examine the inventory, records, and business premises of each licensed dealer that the Attorney General has not determined to be a high-risk dealer under subclause (I).''.”
“``(II) An attorney appointed under subclause (I)(bb) may, with respect to high-risk dealers, use in-store observation, monitor records, conduct random and repeated sales integrity tests, and design and offer instructional programs providing best practices sales training to all employees involved in firearm sales until the attorney certifies to the Attorney General that the high-risk dealer has complied with all applicable firearm sales laws for 3 consecutive years.”
“(a) Mandated Annual Inspections of High-risk Licensed Dealers and Quinquennial Inspections of Other Licensed Dealers.--Section 923(g)(1)(B) of title 18, United States Code, is amended-- (1) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and adjusting the margins accordingly; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margins accordingly; (3) by inserting ``(i)'' after ``(B)''; and (4) by adding at the end the following: ``(ii)(I) The Attorney General-- ``(aa) not less frequently than annually, shall inspect or examine the inventory, records, and business premises of each licensed dealer whom the Attorney General determines to be a high-risk dealer, based on considerations that include whether-- ``(AA) during the preceding 5 years, the dealer reported a lost or stolen firearm; ``(BB) during the preceding 10 years, the dealer was issued a report of violation, received a warning letter, or was the subject of a warning conference; or ``(CC) during the preceding year, multiple firearms were determined to have been used in a crime under Federal, State, or local law within 3 years after sale by the dealer; and ``(bb) may appoint an attorney to ensure that high-risk dealers comply with all applicable firearm sales laws.”
“``(B) Materials.-- ``(i) Development and distribution by attorney general.-- The Attorney General shall-- ``(I) develop materials regarding suicide prevention, securing firearms from loss, theft, or access by a minor or prohibited person, and straw purchasing; and ``(II) provide the materials developed under subclause (I) to each licensed dealer. ``(ii) Dissemination by dealers.--A licensed dealer shall disseminate the materials described in clause (i) upon transfer of a firearm to a person not licensed under this chapter.''. SEC. 11. INSPECTIONS.”
“Section 922(z) of title 18, United States Code, is amended-- (1) by inserting ``and Warnings to Purchasers'' after ``Secure Gun Storage or Safety Device''; (2) by striking ``handgun'' each place it appears and inserting ``firearm''; and (3) by adding at the end the following: ``(4) Warnings to purchasers.-- ``(A) In general.--A licensed dealer operating a physical retail location shall post conspicuously within the licensed premises all warnings required to be provided to firearms purchasers under applicable State and local law.”
“(d) Records Retention To Investigate Crime Guns.--Section 923(g)(3)(C) of title 18, United States Code, as redesignated by subsection (c)(1) of this section, is amended-- (1) in the first sentence-- (A) by inserting ``a firearm involved in a crime or'' after ``Except in the case of forms and contents thereof regarding''; and (B) by striking ``, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received'' and inserting ``and shall retain each such form and any record of the contents of the form for not less than 180 days after the date on which the form is received''; and (2) by striking the second sentence. SEC. 10. SAFETY DEVICES AND WARNINGS TO PURCHASERS.”
“``(iii) The Attorney General shall forward the report described in clause (i) to the office designated pursuant to subparagraph (A) and to the departments of State police or State law enforcement agencies of the State or local law enforcement agencies of the local jurisdictions in which the sales or other dispositions took place, not later than the close of business on the date of the most recent such sale or other disposition.''.”
“(c) Attorney General Reports of Multiple Sales by Non- Licensees.--Section 923(g)(3) of title 18, United States Code, is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: ``(B)(i) The Attorney General shall prepare a report of multiple dispositions of firearms to persons not licensed under this chapter, which shall include the names and identifying information of transferees appearing in the records retained under section 922(t)(2)(C) on 2 or more occasions in any period of 5 consecutive business days. ``(ii) The report described in clause (i) shall be prepared on a form substantially similar to the form created pursuant to subparagraph (A) and include the names and addresses of the licensees who requested the background checks under subsection (t).”
“(b) Requirement To Retain Instant Criminal Background Check Records for 90 Business Days.--Section 922(t)(2)(C) of title 18, United States Code, is amended-- (1) by striking ``destroy'' and inserting ``retain for not less than 90 business days''; (2) by striking ``(other than the identifying number and the date the number was assigned)''; and (3) by inserting before the period at the end the following: ``solely for purposes related to discovering misuse or avoidance of the national instant criminal background check system or ensuring its proper operation''.”
“(a) Expanding Reporting Requirement to Certain Long Guns.-- Section 923(g)(3)(A) of title 18, United States Code, is amended-- (1) in the first sentence, by striking ``pistols, or revolvers, or any combination of pistols and revolvers'' and inserting ``pistols, revolvers, semiautomatic rifles or shotguns, or rifles or shotguns capable of accepting a high capacity magazine, or any combination of such weapons''; and (2) by inserting after the first sentence the following: ``In the preceding sentence, the term `high capacity magazine' means a magazine capable of holding more than 10 rounds of ammunition, and includes a magazine that may be readily converted to hold more than 10 rounds of ammunition.''.”
“SEC. 8. NOTIFICATION OF DEFAULT TRANSFERS. Section 922(t)(1) of title 18, United States Code, is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) in the case of a transfer conducted pursuant to subparagraph (B)(ii) or clause (ii) or (iii) of subparagraph (C), the licensee notifies the Attorney General, not later than the close of business on the day on which the firearm is transferred, that the firearm has been transferred to the person.''. SEC. 9. MULTIPLE FIREARM SALES RECORDS AND REPORTS.”
“(f) Electronic Recordkeeping Adoption and Implementation.-- Section 926 of title 18, United States Code, as amended by section 5, is amended by adding at the end the following: ``(e) Facilitation of Electronic Recordkeeping.--The Attorney General-- [[Page S2178]] ``(1) shall facilitate and incentivize the conversion to, and adoption of, electronic recordkeeping solutions by licensees that enable electronic completion and submission to the Attorney General of all records required to be maintained under this chapter; ``(2) shall facilitate-- ``(A) digital capture of paper records of licensed dealers; and ``(B) the integration and indexing of data onto a platform accessible by law enforcement authorities for purposes of investigating a violent crime or crime gun trace; ``(3) shall facilitate, with respect to the electronic databases established under section 923(g)(9)(A)-- ``(A) remote access to electronic records of licensed dealers by law enforcement authorities for purposes of investigating a violent crime or crime gun trace; and ``(B) access by licensed dealers to only their own records; and ``(4) may not remotely access or search electronic records of licensed dealers without a warrant authorizing such a search.''.”
“(e) Elimination of Limitation on Centralizing Records.-- Section 926(a) of title 18, United States Code, is amended, in the matter following paragraph (3)-- (1) in the first sentence, by striking ``records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that''; and (2) in the second sentence, by striking ``Secretary's'' and inserting ``Attorney General's''.”
“(d) Increased Penalties for Licensee Violations Relating to Acquisition and Disposition Records.--Section 924(a)(3) of title 18, United States Code, is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by moving the matter following clause (ii) (as so redesignated) 2 ems to the right; (3) in the matter following clause (ii) (as so redesignated), by striking ``one year'' and inserting ``5 years''; (4) by inserting ``(A)'' after ``(3)''; and (5) by adding at the end the following: ``(B) If the conduct described in clause (i) or (ii) of subparagraph (A) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.''.”
“(c) Video Recordings of Sales and Transfers.--Section 923(g) of title 18, United States Code, as amended by subsection (b), is amended by adding at the end the following: ``(10) In accordance with regulations promulgated by the Attorney General, each licensed dealer operating a location at which firearms are sold to a person not licensed under this chapter shall-- ``(A) maintain video surveillance of all areas within each premises where firearms in the business inventory of the licensee are sold or transferred; ``(B) retain records of the surveillance, including any sound recording obtained from the surveillance, for a period of not less than 90 days; and ``(C) post a sign in a conspicuous place and at each public entrance to the retail location, in block letters not less than 1 inch in height, stating that the premises are under video surveillance.''.”
“``(E) The electronic databases established under subparagraph (A)-- ``(i) shall be electronically searchable by date of disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual, without a warrant authorizing such a search; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee.''.”
“``(C) The National Tracing Center-- ``(i) shall have remote access to query, search, or otherwise access the electronic databases described in subparagraph (A); and ``(ii) with the permission of a State, or political subdivision of a State, may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(D) The National Tracing Center may query, search, or otherwise access the electronic databases described in subparagraph (A) only to obtain information related to any Federal, State, local, tribal, or foreign criminal investigation.”
“(b) Records Databases.--Section 923(g) of title 18, United States Code, as amended by section 6, is amended by adding at the end the following: ``(9)(A) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records regarding the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted by licensees to the Attorney General under this chapter. ``(B) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the possession of the licensee that are required to be kept under this chapter.”
“(a) Records Retention and Submission.--Section 923(g) of title 18, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) in the first sentence, by inserting before the period at the end the following: ``, except that, notwithstanding any other provision of law, on and after the date that is 1 year after the date of enactment of the Federal Firearm Licensee Act, records prepared by a licensee under this chapter of the sale or other disposition of firearms, including each firearms transaction record, and the corresponding record of receipt of such firearms, shall be retained at the business premises readily accessible for inspection under this chapter until the business is discontinued''; and (B) by striking the second sentence; (2) in paragraph (5)(A), by inserting ``or electronically as may be'' after ``submit on a form''; and (3) in paragraph (7), by inserting ``, electronically,'' after ``orally''.”
“(8) Fiscal year 2004.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title I of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 53) is amended by striking ``or any other''. SEC. 7. ELECTRONIC RECORDS.”
“(6) Fiscal year 2006.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2296) is amended by striking ``or any other''. (7) Fiscal year 2005.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title I of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2860) is amended by striking ``or any other''.”
“(4) Fiscal year 2009.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 575) is amended by striking ``or any other''. (5) Fiscal year 2008.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1904) is amended by striking ``or any other''.”
“(2) Fiscal year 2012.--The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609) is amended by striking the seventh proviso. (3) Fiscal year 2010.--The seventh proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3129) is amended by striking ``or any other''.”
“``(C) Nothing in this paragraph shall be construed to prohibit the Attorney General from, at any time, requiring the regular or one-time submission of the inventory records of a licensee to ensure that the licensee is in compliance with this chapter.''. (c) Repeal of Limitations on Imposition of Requirement That Firearms Dealers Conduct Physical Check of Firearms Inventory.-- (1) Fiscal year 2013.--The fifth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113- 6; 127 Stat. 248) is amended by striking ``and any fiscal year thereafter''.”
“``(B) The Attorney General shall prescribe regulations to implement the requirements under subparagraph (A), which shall require, at a minimum, that a licensee record, for each firearm in the inventory of the licensee-- ``(i) the date of receipt of the firearm; ``(ii) the name, address, and license number, if applicable, of the person from whom the firearm was received; ``(iii) the name of the manufacturer and, if applicable, importer of the firearm; ``(iv) the model, serial number, type, and caliber or gauge of the firearm; and ``(v) the date of the sale or other disposition of the firearm.”
“(a) Requirement to Transfer Firearm in Personal Collection to Business Inventory Before Disposition.--Section 923(c) of title 18, United States Code, is amended-- (1) by striking the second sentence and inserting the following: ``Nothing in this chapter shall be construed to prohibit a licensed manufacturer, licensed importer, or licensed dealer from maintaining a personal collection of firearms.''; (2) by striking the third sentence; and (3) by adding at the end the following: ``Any firearm disposed of by a licensee shall be from the business inventory of the licensee.'' (b) Licensee Firearms Inventory.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) Each quarter, a licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter and report to the Attorney General and appropriate local authorities any firearm that is lost, stolen, or unaccounted for.”
“(2) Applicability.--The regulations prescribed under section 926(d) of title 18, United States Code, as added by paragraph (1), shall not apply to a person who, on the date of the enactment of this Act, is a licensee referred to in section 923(m) of that title, until the date that is 1 year after the date on which the regulations are prescribed. SEC. 6. BUSINESS INVENTORY FIREARMS.”