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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“(c) Regulations.-- (1) In general.--Section 926 of title 18, United States Code, is amended by adding at the end the following: ``(d) Securing Premises From Theft.--The Attorney General shall prescribe such regulations as are necessary to ensure that any premises at which a licensee referred to in section 923(m) conducts business is secure from theft, which shall include requiring-- ``(1) compliance with the security plan submitted by the licensee pursuant to section 923(d)(1)(G)(ii)(I), if applicable; ``(2) the use of locked metal cabinets and fireproof safes; ``(3) security systems, video monitoring, and anti-theft alarms; ``(4) security gates, strong locks, and site hardening; ``(5) concrete bollards and other access controls, if necessary; and [[Page S2177]] ``(6) the use of any other security-enhancing features appropriate for the specific circumstances of the licensee.''.”
“``(2) Civil penalty.--The Attorney General shall impose a civil penalty of not more than $5,000 on, and may suspend the license issued under this section to, a licensee who fails to comply with paragraph (1).''. (2) Applicability.--In the case of a person who, on the date of enactment of this Act, is a licensee referred to in section 923(m) of title 18, United States Code (as added by paragraph (1)), such section 923(m) shall apply to the person on and after the date that is 1 year after the date on which regulations are prescribed under subsection (d) of section 926 of that title (as added by subsection (c)(1)).”
“(b) Annual Compliance Certification Requirement.-- (1) In general.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m) Annual Certification.-- ``(1) In general.--Each licensed manufacturer, licensed importer, and licensed dealer shall-- ``(A) annually certify to the Attorney General that each premises from which the licensee conducts business subject to license under this chapter is in compliance with the regulations prescribed under section 926(d); and ``(B) in the case of a licensed dealer, include with the certification under subparagraph (A)-- ``(i) the results of a reconciliation of the resale firearms then in the business inventory of the licensee against the resale firearms in the business inventory of the licensee at the time of the most recent prior certification (if any) under this paragraph; and ``(ii) all dispositions and acquisitions of resale firearms in the year covered by the certification, identifying and reporting any missing firearm.”
“(B) Person described.--A person described in this subparagraph is a person-- (i) who, on the date of enactment of this Act, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code); and (ii) whose license to deal in firearms issued under chapter 44 of title 18, United States Code, will expire on or after the date that is 1 year after the date on which regulations are prescribed under section 926(d) of that title (as added by subsection (c) of this section).”
“(3) Applicability to existing dealers whose license will expire .-- (A) In general.--If, not later than 1 year after the date on which regulations are prescribed under section 926(d) of title 18, United States Code (as added by subsection (c) of this section), a person described in subparagraph (B) of this paragraph submits to the Attorney General a security plan described in clause (ii)(I) of section 923(d)(1)(G) of that title (as added by paragraph (1) of this subsection), the security plan shall be considered to have been submitted in accordance with such section 923(d)(1)(G).”
“(2) Written approval required before license renewal.-- Section 923(d)(1) of title 18, United States Code, is amended-- (A) in subparagraph (F), by striking ``and'' at the end; (B) in subparagraph (G), as amended by paragraph (1), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(H) in the case of an application to renew a license to deal in firearms-- ``(i) the license is not suspended; ``(ii) no license issued to the applicant under this chapter has been revoked; and ``(iii) the Attorney General has inspected the premises and provided written approval of the security plan submitted by the applicant under subparagraph (G)(ii)(I).''.”
“SEC. 5. PHYSICAL SECURITY OF LICENSEE PREMISES. (a) Security Plan Submission Requirement.-- (1) In general.--Section 923(d)(1)(G) of title 18, United States Code, is amended-- (A) by striking ``, the applicant'' and inserting the following: ``-- ``(i) the applicant''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) the applicant-- ``(I) submits with the application a security plan that describes how the applicant will secure, in accordance with the regulations issued under section 926(d), the premises from which the applicant will conduct business under the license (including in the event of a natural disaster or other emergency); and ``(II) certifies that, if issued such a license, the applicant will comply with the plan described in subclause (I).''.”
“(a) In General.--Section 922 of title 18, United States Code, is amended by striking subsection (s). (b) Conforming Amendments.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 922-- (A) in subsection (t)-- (i) in paragraph (3)(C)(ii), by striking ``(as defined in subsection (s)(8))''; and (ii) by adding at the end the following: ``(8) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.''; and (B) in subsection (y)(2), in the matter preceding subparagraph (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)''; (2) in section 924(a)(5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (3) in section 925A, in the matter preceding paragraph (1), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''.”
“``(C) For purposes of this paragraph, the term `variant' means a weapon utilizing a similar frame or receiver design irrespective of new or different model designations or configurations, characteristics, features, components, accessories, or attachments. For example, an AK-type firearm with a short stock and a pistol grip is a pistol variant of an AK-type rifle, an AR-type firearm with a short stock and a pistol grip is a pistol variant of an AR-type rifle, and a revolving cylinder shotgun is a shotgun variant of a revolver. ``(43) The term `semiautomatic shotgun' means any repeating shotgun that-- ``(A) utilizes a portion of the energy of a firing shell to extract the fired shell casing and chamber the next round; and ``(B) requires a separate pull of the trigger to fire each shell.''. SEC. 4. REPEAL OF TEMPORARY BRADY PROVISION.”
“``(42)(A) The term `frame' means the part of a handgun, or a variant thereof, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar component prior to initiation of the firing sequence (such as a sear or the equivalent), even if pins or other attachments are required to connect such component to the housing or structure. ``(B) The term `receiver' means the part of a rifle, shotgun, or projectile weapon other than a handgun, or a variant thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (such as a bolt, breechblock, or the equivalent), even if pins or other attachments are required to connect such component to the housing or structure.”
“``(39) The term `occasional' means, with respect to transactions, fewer than 5 transactions in a 12-month period. ``(40) The term `personal collection' includes any firearm obtained only for the personal use of an individual and not for the purpose of selling or trading, except that a firearm obtained through inheritance shall not be considered part of a personal collection until the firearm has been possessed for 1 year. ``(41) The term `business inventory firearm' means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person.”
“Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(38) The term `facilitator' means any person engaged in the business of hosting a commercial marketplace in which offers for firearm sales, purchases, or other transfers are allowed to be made, except that such a person shall not be considered to be a facilitator with respect to any transaction that is made through the use of a website or mobile application owned or operated by the person if-- ``(A) the transaction violates the terms of service of the website or mobile application; and ``(B) the person has made a good faith effort to enforce the terms of service by, at a minimum, auditing firearms transactions on a quarterly basis to ensure compliance with this chapter.”
“(4) Additionally, Federal law imposes no requirements that firearm dealers physically secure their highly valuable and lethal inventory. The number of firearm thefts from licensed firearm dealers has increased more than the number from any other source. Between 2013 and 2017, the number of firearms stolen in firearm-dealer burglaries more than doubled and the number of firearms stolen in firearm-dealer robberies tripled. SEC. 3. DEFINITIONS.”
“(3)(A) The Tiahrt Amendments, for one-- (i) severely limit the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (commonly known as the ``ATF'') to disclose crime firearm trace data to the public; (ii) prevent-- (I) the collection of valuable information; and (II) the establishment of effective policies to prevent illegal firearms from being used in crimes; and [[Page S2176]] (iii) impede enforcement of the firearm laws by-- (I) requiring most background check records to be destroyed within 24 hours; and (II) barring the Government from requiring owners of firearm shops to conduct annual inventory audits. (B) Repealing the Tiahrt Amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal firearms.”
“(2) Federal laws governing firearm dealers-- (A) have not been updated in more than 30 years; (B) contain safeguards that protect dealers who engage in illegal practices from adverse enforcement action; (C) frustrate law enforcement efforts to curb firearm trafficking and violence; and (D) are, thus, inadequate to meet the realities of the 21st century.”
“Authority to hire additional industry operation investigators for Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sec. 27. Report on implementation of this Act. Sec. 28. Annual licensed dealer inspections report and analysis. Sec. 29. Deadline for issuance of final regulations. SEC. 2. FINDINGS. Congress finds the following: (1) A growing body of evidence demonstrates that firearm dealers' sales practices affect the probability of firearms getting to criminals and that policies designed to hold firearm sellers accountable can curtail the diversion of firearms to criminals.”
“Elimination of relief for dealers indicted for a crime punishable by imprisonment for a term exceeding one year. Sec. 16. Elimination of relief while Federal disability relief application pending. Sec. 17. Presumption of knowledge of State law in sale of long guns to residents of another State. Sec. 18. Increased penalties for knowing transfer of firearm without conducting a background check. Sec. 19. Unlawful acts upon incurring Federal disability or notice of license suspension, revocation, or denied renewal. Sec. 20. Regulation of facilitators of firearm transfers. Sec. 21. Dealer and employee background checks. Sec. 22. Liability standards. Sec. 23. Civil enforcement. Sec. 24. Removal of bar on civil proceedings if criminal proceedings terminated. Sec. 25. Repeal of certain limitations. Sec. 26.”
“SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Firearm Licensee Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Repeal of temporary Brady provision. Sec. 5. Physical security of licensee premises. Sec. 6. Business inventory firearms. Sec. 7. Electronic records. Sec. 8. Notification of default transfers. Sec. 9. Multiple firearm sales records and reports. Sec. 10. Safety devices and warnings to purchasers. Sec. 11. Inspections. Sec. 12. Authority with regard to license issuance and renewal. Sec. 13. Increased licensing fees. Sec. 14. Elimination of obligatory stay of effective date of license revocation. Sec. 15.”
“Congressional Record, Volume 171 Issue 60 (Thursday, April 3, 2025) [Congressional Record Volume 171, Number 60 (Thursday, April 3, 2025)] [Senate] [Pages S2175-S2181] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. DURBIN (for himself, Mr. Whitehouse, Mr. Blumenthal, Ms. Hirono, Mr. Booker, Mr. Padilla, Mr. Welch, Mrs. Shaheen, and Mr. Reed): S. 1294. A bill to modernize the business of selling firearms; to the Committee on the Judiciary. Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 1294 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.”
“(2) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. (e) Budgetary Effects.-- (1) Statutory paygo scorecards.--The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As- You-Go Act of 2010 (2 U.S.C. 933(d)). (2) Senate paygo scorecards.--The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). ______”
“(5) Scientific and technical research and services of the national institute of standards and technology.--The term ``scientific and technical research and services of the National Institute of Standards and Technology'' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institute of Standards and Technology scientific and technical research and services. (d) Exemption of Certain Appropriations From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' the following: ``Appropriations under the American Innovation Act.''.”
“(3) Office of science at the department of energy.--The term ``Office of Science at the Department of Energy'' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Energy Office of Science. (4) Science mission directorate at the national aeronautics and space administration.--The term ``Science Mission Directorate at the National Aeronautics and Space Administration'' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Aeronautics and Space Administration Science Mission Directorate.”
“(b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended. (c) Definitions.--In this section: (1) Department of defense science and technology programs.--The term ``Department of Defense science and technology programs'' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Defense science and technology programs. (2) National science foundation.--The term ``National Science Foundation'' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Science Foundation.”
“(5) National aeronautics and space administration science mission directorate.--For the Science Mission Directorate at the National Aeronautics and Space Administration-- (A) for fiscal year 2026, $7,880,000,000; (B) for fiscal year 2027, $8,457,000,000; (C) for fiscal year 2028, $9,070,000,000; (D) for fiscal year 2029, $9,727,000,000; (E) for fiscal year 2030, $10,431,000,000; (F) for fiscal year 2031, $11,186,000,000; (G) for fiscal year 2032, $11,995,000,000; (H) for fiscal year 2033, $12,864,000,000; (I) for fiscal year 2034, $13,796,000,000; (J) for fiscal year 2035, $14,796,000,000; and (K) for fiscal year 2036 and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during the previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics.”
“(4) National institute of standards and technology scientific and technical research and services.--For the scientific and technical research and services of the National Institute of Standards and Technology at the Department of Commerce-- (A) for fiscal year 2026, $1,244,000,000; (B) for fiscal year 2027, $1,335,000,000; (C) for fiscal year 2028, $1,431,000,000; (D) for fiscal year 2029, $1,535,000,000; (E) for fiscal year 2030, $1,646,000,000; (F) for fiscal year 2031, $1,765,000,000; (G) for fiscal year 2032, $1,893,000,000; (H) for fiscal year 2033, $2,030,000,000; (I) for fiscal year 2034, $2,177,000,000; (J) for fiscal year 2035, $2,335,000,000; and (K) for fiscal year 2036 and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during the previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics.”
“(3) Department of defense science and technology programs.--For the Department of Defense science and technology programs-- (A) for fiscal year 2026, $23,109,000,000; (B) for fiscal year 2027, $24,799,000,000; (C) for fiscal year 2028, $26,259,000,000; (D) for fiscal year 2029, $28,525,000,000; (E) for fiscal year 2030, $30,590,000,000; (F) for fiscal year 2031, $32,803,000,000; (G) for fiscal year 2032, $35,178,000,000; (H) for fiscal year 2033, $37,725,000,000; (I) for fiscal year 2034, $40,459,000,000; (J) for fiscal year 2035, $43,392,000,000; and (K) for fiscal year 2036 and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during the previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics.”
“(2) Department of energy, office of science.--For the Office of Science at the Department of Energy-- (A) for fiscal year 2026, $8,854,000,000; (B) for fiscal year 2027, $9,501,000,000; (C) for fiscal year 2028, $10,191,000,000; (D) for fiscal year 2029, $10,929,000,000; (E) for fiscal year 2030, $11,720,000,000; [[Page S2175]] (F) for fiscal year 2031, $12,568,000,000; (G) for fiscal year 2032, $13,477,000,000; (H) for fiscal year 2033, $14,453,000,000; (I) for fiscal year 2034, $15,501,000,000; (J) for fiscal year 2035, $16,624,000,000; and (K) for fiscal year 2036 and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during the previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics.”
“(a) In General.--There are hereby authorized to be appropriated, and appropriated, out of any monies in the Treasury not otherwise appropriated, the following: (1) National science foundation.--For the National Science Foundation-- (A) for fiscal year 2026, $9,735,000,000; (B) for fiscal year 2027, $10,447,00,000; (C) for fiscal year 2028, $11,205,000,000; (D) for fiscal year 2029, $12,016,000,000; (E) for fiscal year 2030, $12,886,000,000; (F) for fiscal year 2031, $13,818,000,000; (G) for fiscal year 2032, $14,818,000,000; (H) for fiscal year 2033, $15,892,000,000; (I) for fiscal year 2034, $17,043,000,000; (J) for fiscal year 2035, $18,279,000,000; and (K) for fiscal year 2036 and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during the previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics.”
“1276 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation Act''. SEC. 2. APPROPRIATIONS FOR INNOVATION.”
“Congressional Record, Volume 171 Issue 60 (Thursday, April 3, 2025) [Congressional Record Volume 171, Number 60 (Thursday, April 3, 2025)] [Senate] [Pages S2174-S2175] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. DURBIN (for himself, Ms. Duckworth, Ms. Hirono, Mr. Padilla, and Mr. Schatz): S. 1276. A bill to prioritize funding for an expanded and sustained national investment in basic science research; to the Committee on Health, Education, Labor, and Pensions. Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S.”
“SEC. 29. DEADLINE FOR ISSUANCE OF FINAL REGULATIONS. Not later than 2 years after the date of enactment of this Act, the Attorney General shall prescribe all regulations required to carry out this Act and the amendments made by this Act. ______ By Mr. JUSTICE (for himself, Mr. Fetterman, Mrs. Blackburn, Mr. Cassidy, Mrs. Capito, Mr. Cruz, and Ms. Hassan): S. 1295. A bill to require the Director of the Bureau of Prisons to develop and implement a strategy to interdict fentanyl and other synthetic drugs in [[Page S2182]] the mail at Federal correctional facilities; to the Committee on the Judiciary.”
“(b) Contents.--Each report under subsection (a) shall state, with respect to the applicable reporting period-- (1) the number of inspections or examinations conducted of Type 01, Type 02, and Type 07 Federal firearm licensees (dealers, pawnbrokers, and manufacturers, respectively) by each field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, including by the number of inspections or examinations of high-risk dealers (as that term is used in clause (ii) of section 923(g)(1)(B) of title 18, United States Code, as added by section 11 of this Act) and non-high-risk dealers; (2) the number of security inspections under subparagraph (B) of section 923(g)(6) of title 18, United States Code, as added by section 11 of this Act, prompted by dealer reports of lost or stolen firearms under subparagraph (A) of such section 923(g)(6), as so designated by section 11 of this Act, and the number of follow-up security inspections conducted during the 6-month period following a security inspection revealing a violation; (3) the average amount of time spent on-- (A) inspections or examinations of high-risk dealers (as described in paragraph (1)); (B) inspections or examinations of non-high-risk dealers (as described in paragraph (1)); (C) security inspections (as described in paragraph (2)); and (D) follow-up security inspections (as described in paragraph (2)); and (4) an analysis of the most frequently cited violations and corrective actions or penalties imposed in each inspection or examination described in paragraph (1) or security inspection described in paragraph (2), including-- (A) the number of licenses recommended to be suspended or revoked; (B) the number of licensees sent notices of suspension or revocation; (C) the number of hearings requested by licensees on receipt of a notice of suspension or revocation; (D) the number of suspension or revocation hearings initiated during a prior 12-month period that remain ongoing during the 12-month period covered by the report; and (E) the decision ultimately rendered in each such matter by the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.”
“(a) In General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress and publish on the website of the Department of Justice a report that contains the information described in subsection (b) with respect to-- (1) the preceding 2-year period, in the case of the first report; or (2) the preceding year, in the case of each subsequent report.”
“Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress and publish on the website of the Department of Justice a written report on the implementation of this Act and the amendments made by this Act, including any steps needed to complete the implementation, which shall identify any additional resources that are required to-- (1) conduct regular inspections under chapter 44 of title 18, United States Code; and (2) ensure that this Act and the amendments made by this Act are enforced against noncompliant federally licensed firearms dealers in a timely manner. SEC. 28. ANNUAL LICENSED DEALER INSPECTIONS REPORT AND ANALYSIS.”
“40901 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. SEC. 26. AUTHORITY TO HIRE ADDITIONAL INDUSTRY OPERATION INVESTIGATORS FOR BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. The Attorney General may hire 650 industry operation investigators for the Bureau of Alcohol, Tobacco, Firearms, and Explosives, to be distributed among the various field divisions to match the number and distribution of persons licensed under chapter 44 of title 18, United States Code, in addition to any personnel needed to carry out this Act and the amendments made by this Act and any industry operation investigators authorized by other law. SEC. 27. REPORT ON IMPLEMENTATION OF THIS ACT.”
“(7) Fiscal year 2023.--Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473) is amended by striking ``or any other Act with respect to any fiscal year''. (b) Limitations Relating to Consolidating and Centralizing Records.--The first proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609) is amended by striking ``or hereafter''. (c) Requirement To Destroy Instant Criminal Background Check Records Within 24 Hours.--Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C.”
“1903) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (5) Fiscal year 2006.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2295) is amended by striking ``with respect to any fiscal year''. (6) Fiscal year 2005.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title I of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2859) is amended by striking ``with respect to any fiscal year''.”
“3128) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (3) Fiscal year 2009.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 575) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (4) Fiscal year 2008.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.”
“Section 923(f) of title 18, United States Code, is amended by striking paragraph (4). SEC. 25. REPEAL OF CERTAIN LIMITATIONS. (a) Limitations Related to Use of Firearms Trace Data.-- (1) Fiscal year 2012.--The matter under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112- 55; 125 Stat. 609) is amended by striking the sixth proviso. (2) Fiscal year 2010.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in title II of division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat.”
“``(2) Suspension of license.--In the case of any violation described in paragraph (1), if the Attorney General finds that the nature of the violation indicates that the continued operation of a firearms business by the licensed dealer presents an imminent risk to public safety, the Attorney General shall, notwithstanding paragraph (1), immediately suspend the license to deal in firearms issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer, until the violation ceases, unless the appropriate penalty under paragraph (1) is revocation of the license, in which case the Attorney General shall immediately revoke the license and secure the firearms inventory of the licensed dealer.''. SEC. 24. REMOVAL OF BAR ON CIVIL PROCEEDINGS IF CRIMINAL PROCEEDINGS TERMINATED.”
“(b) Tiered Penalties for Repeated Violations of Regulations by Licensed Dealers.--Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(q) Penalties Relating to Violations of Regulations by Licensed Dealers.-- ``(1) In general.--If the Attorney General finds a licensed dealer to be in violation of a regulation prescribed under section 926, the Attorney General shall-- ``(A) if the violation is not a result of gross negligence by the licensed dealer-- ``(i) in the case of the first such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, transmit to the licensed dealer a written notice specifying the violation, which shall include a copy of the regulation violated; ``(ii) in the case of the second such violation by the licensed dealer, if not preceded [[Page S2181]] by a violation to which subparagraph (B) applies, impose a civil penalty in an amount that is not less than $2,500 and not more than $20,000; ``(iii) in the case of the third such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; ``(iv) in the case of the fourth such violation by the licensed dealer, whether or not preceded by a violation to which subparagraph (B) applies, revoke the license; or ``(v) in the case of any such violation by the licensed dealer, if preceded by a violation to which subparagraph (B) applies, apply the penalty authorized under this subsection that is 1 level greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; or ``(B) if the violation is a result of gross negligence by the licensed dealer-- ``(i) in the case of the first such violation by the licensed dealer, impose a civil penalty in an amount that is not less than $2,500 and not more than $20,000; ``(ii) in the case of the second such violation by the licensed dealer-- ``(I) impose a civil penalty in an amount equal to $20,000; and ``(II) suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; or ``(iii) in the case of the third such violation by the licensed dealer, revoke the license to deal in firearms issued to the licensed dealer under this chapter.”
“(a) Fines for Engaging in the Business Without a License.-- Section 924(n) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(n)''; and (2) by adding at the end the following: ``(2) If the Attorney General finds that a person has engaged in conduct that constitutes a violation of section 922(a)(1)(A), the Attorney General shall-- ``(A) transmit to the person a written notice specifying the violation, which shall include a copy of the provision of law violated; and ``(B) impose on the person a civil penalty in an amount that is not less than $2,500 and not more than $20,000.''.”
“(b) Liability in Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1)(D), by striking ``willfully'' and inserting ``knowingly''; and (2) in subsection (d)(1), by striking ``willful'' and inserting ``knowing''. SEC. 23. CIVIL ENFORCEMENT.”
“(c) Authority of NICS System To Search National Data Exchange.--Section 103(e)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)(1)) is amended by adding at the end the following: ``(L) Search of national data exchange database.--The system established under this section shall include a search of the database of the National Data Exchange when conducting a background check under this section.''. SEC. 22. LIABILITY STANDARDS. (a) Liability in Licensing.--Section 923 of title 18, United States Code, is amended-- (1) in subsection (d)(1)(D), by striking ``willfully'' and inserting ``knowingly''; and (2) in subsection (e), by striking ``willfully'' each place it appears and inserting ``knowingly''.”
“40901) to determine whether transfer of a firearm to, or receipt of a firearm by, the individual would be unlawful; and ``(C) the system has notified the licensee that the information available to the system does not demonstrate that the transfer of a firearm to, or receipt of a firearm by, the individual would violate subsection (d), (g), or (n) (as applicable) of section 922 or State, local, or Tribal law.''. (b) Authority of NICS System to Respond to Licensed Dealer Request for Criminal Background Check of Employee or Applicant for Employment.--Section 103(b)(2) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(b)(2)) is amended-- (1) in the heading, by striking ``Voluntary'' and inserting ``Compulsory''; and (2) in subparagraph (A), by striking ``voluntarily''.”
“(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.''.”