S. 2863

119th CONGRESS 1st Session

To amend the Omnibus Crime Control and Safe Streets Act of 1968 with respect to eligibility under the Edward Byrne Memorial Justice Assistance Grant Program, and for other purposes.

IN THE SENATE OF THE UNITED STATES · Sponsor: Ms. Duckworth · Committee: Committee on the Judiciary

Table of contents

• S. 2863
  • SEC. 1. Short title
  • SEC. 2. Eligibility under Edward Byrne Memorial Justice Assistance Grant Program

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Eligibility under Edward Byrne Memorial Justice Assistance Grant Program

• (a) Certification requirement
  • Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 () is amended— 34 U.S.C. 10153
    • in subsection (a)(5)—
      • in subparagraph (C), by striking ;
      • in subparagraph (D), by striking the period at the end and inserting ; and; and
        • the applicant and each grantee or subgrantee under the jurisdiction of the applicant shall not transfer a firearm to, or purchase a firearm from, a licensed dealer that is on the list of covered licensed dealers most recently published at the time of certification by the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives under section 2(b)(2) of the .
      • by adding at the end the following:
      • (c) Definitions
        • In this section—
          • the term covered licensed dealer means a licensed dealer with respect to whom, in not less than two of the three calendar years prior to the publication of the list under section 2(b)(2) of the , the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives has traced to the firearms business of such licensed dealer, in such calendar years, not less than 25 firearms that had a short time-to-crime;
          • the terms and have the meaning given such terms in section 921(a) of title 18, United States Code; and licensed dealer,firearm
          • the term short time-to-crime means, a period of not more than three calendar years between the date of the last known retail sale of a firearm and the date on which a law enforcement agency recovers such firearm as a result of such firearm being purchased for, possessed during, or used in, an actual or suspected criminal offense.
    • by adding at the end the following:
• (b) Public disclosure of database information of Bureau of Alcohol, Tobacco, Firearms and Explosives
  • Not later than 120 days after the date of enactment of this Act, and annually thereafter, the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall—
    • notify a State or local law enforcement agency if any firearm (as such term is defined in section 921(a) of title 18, United States Code) that was transferred by such agency was used, or suspected of being used, in the commission of a criminal offense, as traced by the National Tracing Center of the Bureau; and
    • make publicly available on the internet website of the Bureau a list of each covered licensed dealer (as such term is defined in section 502(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a) of this section).
• (c) Repeal of certain limitations on public disclosure of database information of Bureau of Alcohol, Tobacco, Firearms and Explosives
  • (1) Public Law 112–55
    • The 6th proviso in the matter under the under the heading under the heading in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( note; ) is amended by striking . 18 U.S.C. 923; Public Law 112–55
  • (2) Public Law 111–117
    • The 6th proviso in the matter under the heading under the heading in title II of division B of the Consolidated Appropriations Act, 2010 ( note; ) is amended by striking beginning in fiscal year 2010 and thereafterand inserting in fiscal year 2010. 18 U.S.C. 923; Public Law 111–117
  • (3) Public Law 111–8
    • The 6th proviso in the matter under the heading under the heading in title II of division B of the Omnibus Appropriations Act, 2009 ( note; ) is amended by striking beginning in fiscal year 2009 and thereafterand inserting in fiscal year 2009. 18 U.S.C. 923; Public Law 111–8
  • (4) Public Law 110–161
    • The 6th proviso in the matter under the heading under the heading in title II of division B of the Consolidated Appropriations Act, 2008 ( note; ) is amended by striking beginning in fiscal year 2008 and thereafterand inserting in fiscal year 2008. 18 U.S.C. 923; Public Law 110–161
  • (5) Public Law 109–108
    • The 6th proviso in the matter under the heading under the heading in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( note; ) is amended by striking with respect to any fiscal yearand inserting with respect to fiscal year 2006. 18 U.S.C. 923; Public Law 109–108
  • (6) Public Law 108–447
    • The 6th proviso in the matter under the heading under the heading in title I of division B of the Consolidated Appropriations Act, 2005 ( note; ) is amended by striking with respect to any fiscal yearand inserting with respect to fiscal year 2005. 18 U.S.C. 923; Public Law 108–447
  • (7) Public Law 108–7
    • Section 644 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2003 ( note; ) is amended by striking with respect to any fiscal yearand inserting with respect to fiscal year 2003. 5 U.S.C. 552; Public Law 108–7