[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 329 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 329

   To amend the NICS Improvement Amendments Act of 2007 to encourage 
  States to provide records to the National Instant Background Check 
                                System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2013

 Mr. Fitzpatrick introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the NICS Improvement Amendments Act of 2007 to encourage 
  States to provide records to the National Instant Background Check 
                                System.

    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 ``Strengthening Background Checks Act 
of 2013''.

SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA AVAILABLE TO THE 
              NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Increased Mandatory Penalties.--Section 104(b) of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by 
striking paragraph (3) and inserting after paragraph (2) the following 
new paragraphs:
            ``(3) Increased mandatory reductions.--Notwithstanding 
        paragraphs (1) and (2), after the expiration of the period 
        referred to in section 107(b), the Attorney General shall 
        withhold 10 percent of the amount that would otherwise be 
        allocated to a State under section 505 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3755), if--
                    ``(A) the State fails to comply with section 107; 
                or
                    ``(B) the State provides less than 90 percent of 
                the records required to be provided under sections 102 
                and 103.
            ``(4) Waivers by attorney general.--The Attorney General 
        may--
                    ``(A) waive the applicability of paragraph (2) to a 
                State if the State provides substantial evidence, as 
                determined by the Attorney General, that the State is 
                making a reasonable effort to comply with the 
                requirements of sections 102 and 103, including an 
                inability to comply due to court order or other legal 
                restriction;
                    ``(B) waive the applicability of paragraph (3) to a 
                State for one year if the State provides substantial 
                evidence, as determined by the Attorney General, that 
                the State is making a reasonable effort to comply with 
                the requirements of sections 102, 103, and 107, 
                including an inability to comply due to court order, 
                conflicts between section 107 and the constitution of 
                the State, or other legal restriction; and
                    ``(C) waive the applicability of paragraph (3), in 
                part, to a State for which the waiver period under 
                subparagraph (B) has expired, for additional one-year 
                periods, if--
                            ``(i) the State provides substantial 
                        evidence, as determined by the Attorney 
                        General, that the State is making a reasonable 
                        effort to comply with the requirements of 
                        sections 102, 103, and 107, including an 
                        inability to comply due to court order, 
                        conflicts between section 107 and the 
                        constitution of the State, or other legal 
                        restriction; and
                            ``(ii) the Attorney General withholds 5 
                        percent of the amount that would otherwise be 
                        allocated to a State under section 505 of title 
                        I of the Omnibus Crime Control and Safe Streets 
                        Act of 1968 (42 U.S.C. 3755) for each such one-
                        year period.''.
    (b) State Laws Requiring Provision of Records.--Title I of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is further 
amended by inserting after section 106 the following new section:

``SEC. 107. STATE LAWS REQUIRING PROVISION OF RECORDS.

    ``(a) In General.--For each fiscal year after the expiration of the 
period specified in subsection (b), the State shall have in effect 
throughout the State laws and policies that--
            ``(1) require the State to provide to the Attorney General 
        not less than 90 percent of the records required to be provided 
        under sections 102 and 103; and
            ``(2) require the State to provide such records to the 
        Attorney General in the same manner, or in a manner 
        substantially similar to, the manner in which such records are 
        required to be provided by the State under such sections.
    ``(b) Compliance Period.--Each State shall have not more than 2 
years from the date of enactment of the Strengthening Background Checks 
Act of 2013 in which to fully implement this section.''.
    (c) Authorization and Appropriation for Implementation Assistance 
to States.--
            (1) Authorization of appropriations.--Section 103(e) of the 
        NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is 
        amended--
                    (A) in paragraph (1), by striking ``$125,000,000 
                for fiscal year 2012'' and all that follows and 
                inserting ``and $125,000,000 for each of fiscal years 
                2012 through 2015.''; and
                    (B) in paragraph (2), by striking ``fiscal years 
                2011, 2012, and 2013'' and inserting ``each of fiscal 
                years 2011 through 2015''.
            (2) Appropriation.--
                    (A) In general.--There are hereby appropriated for 
                the first fiscal year beginning after the date of 
                enactment of this Act, out of funds in the Treasury not 
                otherwise appropriated, $125,000,000 to carry out the 
                grant program authorized under section 103 of the NICS 
                Improvement Amendments Act of 2007 (18 U.S.C. 922 
                note).
                    (B) Offset.--Of the unobligated balances available 
                under the Department of Justice Assets Forfeiture Fund, 
                $125,000,000 are permanently cancelled.
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