[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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting
Communities and Preserving the Second Amendment Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reauthorization and improvements to NICS.
Sec. 4. Availability of records to NICS.
Sec. 5. Definitions relating to mental health.
Sec. 6. Conditions for considering certain persons as adjudicated
mentally incompetent for certain purposes.
Sec. 7. Reports and certifications to Congress.
Sec. 8. Increasing Federal prosecution of gun violence.
Sec. 9. Prosecution of felons and fugitives who attempt to illegally
purchase firearms.
Sec. 10. Limitation on operations by the Department of Justice.
Sec. 11. Increased penalties for lying and buying.
Sec. 12. Amendments to section 924.
Sec. 13. Study by the National Institute of Justice and National
Academy of Sciences on the causes of mass
shootings.
Sec. 14. Reports to Congress regarding ammunition purchases by Federal
agencies.
Sec. 15. Reduction of Byrne JAG funds for State failure to provide
mental health records to NICS.
Sec. 16. Firearm commerce modernization.
Sec. 17. Interstate transportation of firearms or ammunition.
Sec. 18. Preventing duplicative grants.
Sec. 19. Regional firearms trafficking task forces.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``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 section 922
of title 18, United States Code.
SEC. 3. REAUTHORIZATION AND IMPROVEMENTS TO NICS.
(a) In General.--Section 103 of the NICS Improvement Amendments Act
of 2007 (34 U.S.C. 40913) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(2) by amending subsection (f), as so redesignated, to read
as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 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.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.S.C. 40913)--
(A) in subsection (a)(1), by striking ``and subject
to section 102(b)(1)(B)''; and
(B) in subsection (e)(2)(B)(ii)(II), by striking
``section 102(b)(1)(C)'' and inserting ``section
102(b)(1)(B)''; and
(3) in section 104(d) (34 U.S.C. 40914(d)), by striking
``section 102(b)(1)(C)'' and inserting ``section
102(b)(1)(B)''.
SEC. 4. AVAILABILITY OF RECORDS TO NICS.
(a) Guidance.--Not later than 45 days after the date of enactment
of this Act, the Attorney General shall issue guidance regarding--
(1) the identification and sharing of relevant Federal
records; and
(2) submission of the relevant Federal records to NICS.
(b) Prioritization of Records.--Each agency that possesses relevant
Federal records shall prioritize providing the relevant information
contained in the relevant Federal records to NICS on a regular and
ongoing basis in accordance with the guidance issued by the Attorney
General under subsection (a).
(c) Reports.--Not later than 60 days after the Attorney General
issues guidance under subsection (a), the head of each agency shall
submit a report to the Attorney General that--
(1) advises whether the agency possesses relevant Federal
records; and
(2) describes the implementation plan of the agency for
making the relevant information contained in relevant Federal
records available to NICS in a manner consistent with
applicable law.
(d) Determination of Relevance.--The Attorney General shall resolve
any dispute regarding whether--
(1) agency records are relevant Federal records; and
(2) the relevant Federal records of an agency should be
made available to NICS.
SEC. 5. DEFINITIONS RELATING TO MENTAL HEALTH.
(a) Title 18 Definitions.--Chapter 44 of title 18, United States
Code, is amended--
(1) in section 921(a), by adding at the end the following:
``(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.
``(B) In this paragraph, the term `order or finding' does not
include--
``(i) an order or finding that has expired or has been set
aside or expunged;
``(ii) an order or finding that is no longer applicable
because a judicial officer, court, board, commission, or other
adjudicative body has found that the person who is the subject
of the order or finding--
``(I) does not present a danger to himself or to
others;
``(II) has been restored to sanity or cured of
mental disease or defect;
``(III) has been restored to competency; or
``(IV) no longer requires involuntary inpatient or
outpatient treatment by, or involuntary commitment to,
a psychiatric hospital; or
``(iii) an order or finding with respect to which the
person who is subject to the order or finding has been granted
relief from disabilities under section 925(c) or under a
program described in section 101(c)(2)(A) or 105 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40911(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''.
(b) Technical and Conforming Amendment.--The NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
(1) by striking ``as a mental defective'' each place that
term appears and inserting ``mentally incompetent'';
(2) by striking ``mental institution'' each place that term
appears and inserting ``psychiatric hospital''; and
(3) in section 102(c)(3) (34 U.S.C. 40912(c)(3))--
(A) in the paragraph heading, by striking ``as a
mental defective or committed to a mental institution''
and inserting ``mentally incompetent or committed to a
psychiatric hospital''; and
(B) by striking ``mental institutions'' and
inserting ``psychiatric hospitals''.
SEC. 6. CONDITIONS FOR CONSIDERING CERTAIN PERSONS AS ADJUDICATED
MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 5511. Conditions for considering certain persons as adjudicated
mentally incompetent for certain purposes
``In any case arising out of the administration by the Secretary of
laws and benefits under this title, a person who is mentally
incapacitated, deemed mentally incompetent, or experiencing an extended
loss of consciousness shall not be considered adjudicated as 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.''.
(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. REPORTS AND CERTIFICATIONS TO CONGRESS.
(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