[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4477 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4477
To enforce current law regarding the National Instant Criminal
Background Check System.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2017
Mr. Culberson (for himself, Mr. Cuellar, Ms. Esty of Connecticut, Mr.
Aguilar, Mr. Costello of Pennsylvania, Ms. Speier, Mr. Richmond, Mr.
McCaul, Mrs. Comstock, and Ms. Titus) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enforce current law regarding the National Instant Criminal
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 ``Fix NICS Act of 2017''.
SEC. 2. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) is amended--
(1) in subsection (e)(1), by adding at the end the
following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit a semiannual
written certification to the Attorney General
indicating whether the department or agency is
in compliance with the record submission
requirements under subparagraph (C).
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification to the Attorney General under
clause (i)--
``(I) not later than July 31 of
each year, which shall address all
relevant records, including those that
have not been transmitted to the
Attorney General, in possession of the
department or agency during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address all
relevant records, including those that
have not been transmitted to the
Attorney General, in possession of the
department or agency during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the total number of records
of the Federal department or agency
demonstrating that a person falls
within one of the categories described
in subsection (g) or (n) of section 922
of title 18, United States Code;
``(II) for each category of records
described in subclause (I), the total
number of records of the Federal
department or agency that have been
provided to the Attorney General; and
``(III) the efforts of the Federal
department or agency to ensure complete
and accurate reporting of relevant
records, including efforts to monitor
compliance and correct any reporting
failures or inaccuracies.
``(G) Implementation plan.--
``(i) In general.--Not later than 1 year
after the date of enactment of this
subparagraph, the head of each Federal
department or agency, in coordination with the
Attorney General, shall establish a plan to
ensure maximum coordination and automated
reporting or making available of records to the
Attorney General as required under subparagraph
(C), and the verification of the accuracy of
those records, including the pre-validation of
those records, where appropriate, during a 4-
year period specified in the plan. The records
shall be limited to those of an individual
described in subsection (g) or (n) of section
922 of title 18, United States Code.
``(ii) Benchmark requirements.--Each plan
established under clause (i) shall include
annual benchmarks to enable the Attorney
General to assess implementation of the plan,
including--
``(I) qualitative goals and
quantitative measures;
``(II) measures to monitor internal
compliance, including any reporting
failures and inaccuracies;
``(III) a needs assessment,
including estimated compliance costs;
and
``(IV) an estimated date by which
the Federal department or agency will
fully comply with record submission
requirements under subparagraph (C).
``(iii) Compliance determination.--Not
later than the end of each fiscal year
beginning after the date of the establishment
of a plan under clause (i), the Attorney
General shall determine whether the applicable
Federal department or agency has achieved
substantial compliance with the benchmarks
included in the plan.
``(H) Accountability.--The Attorney General shall
publish, including on the website of the Department of
Justice, and 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
semiannual report that discloses--
``(i) the name of each Federal department
or agency that has failed to submit a required
certification under subparagraph (F);
``(ii) the name of each Federal department
or agency that has submitted a required
certification under subparagraph (F), but
failed to certify compliance with the record
submission requirements under subparagraph (C);
``(iii) the name of each Federal department
or agency that has failed to submit an
implementation plan under subparagraph (G);
``(iv) the name of each Federal department
or agency that is not in substantial compliance
with an implementation plan under subparagraph
(G);
``(v) a detailed summary of the data,
broken down by department or agency, contained
in the certifications submitted under
subparagraph (F);
``(vi) a detailed summary of the contents
and status, broken down by department or
agency, of the implementation plans established
under subparagraph (G); and
``(vii) the reasons for which the Attorney
General has determined that a Federal
department or agency is not in substantial
compliance with an implementation plan
established under subparagraph (G).
``(I) Noncompliance penalties.--For each of fiscal
years 2019 through 2022, each political appointee of a
Federal department or agency that has failed to certify
compliance with the record submission requirements
under subparagraph (C), and is not in substantial
compliance with an implementation plan established
under subparagraph (G), shall not be eligible for the
receipt of bonus pay, excluding overtime pay, until the
department or agency--
``(i) certifies compliance with the record
submission requirements under subparagraph (C);
or
``(ii) achieves substantial compliance with
an implementation plan established under
subparagraph (G).
``(J) Technical assistance.--The Attorney General
may use funds made available for the national instant
criminal background check system established under
subsection (b) to provide technical assistance to a
Federal department or agency, at the request of the
department or agency, in order to help the department
or agency comply with the record submission
requirements under subparagraph (C).
``(K) Application to federal courts.--For purposes
of this paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) the Director of the Administrative
Office of the United States Courts shall
perform, for a Federal court, the functions
assigned to the head of a department or
agency.''; and
(2) in subsection (g), by adding at the end the following:
``For purposes of the preceding sentence, not later than 60
days after the date on which the Attorney General receives such
information, the Attorney General shall determine whether or
not the prospective transferee is the subject of an erroneous
record and remove any records that are determined to be
erroneous. In addition to any funds made available under
subsection (k), the Attorney General may use such sums as are
necessary and otherwise available for the salaries and expenses
of the Federal Bureau of Investigation to comply with this
subsection.''.
SEC. 3. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``the Crime Identification
Technology Act of 1988 (42 U.S.C. 14601)'' and
inserting ``section 102 of the Crime Identification
Technology Act of 1998 (34 U.S.C. 40301)''; and
(B) by inserting ``is in compliance with an
implementation plan established under subsection (b)
or'' before ``provides at least 90 percent of the
information described in subsection (c)''; and
(2) in subsection (b)(1)(B), by inserting ``or has
established an implementation plan under section 107'' after
``the Attorney General''.
(b) Implementation Assistance to States.--Section 103 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) in subsection (b)(3), by inserting before the semicolon
at the end the following: ``, including through increased
efforts to pre-validate the contents of those records to
expedite eligibility determinations'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and''; and
(ii) by inserting before the period at the
end the following: ``, and $125,000,000 for
each of fiscal years 2018 through 2022''; and
(B) by striking paragraph (2) and inserting the
following--
``(2) Domestic abuse and violence prevention initiative.--
``(A) Establishment.--For each of fiscal years 2018
through 2022, the Attorney General shall create a
priority area under the NICS Act Record Improvement
Program (commonly known as `NARIP') for a Domestic
Abuse and Violence Prevention Initiative that
emphasizes the need for grantees to identify and upload
all felony conviction records and domestic violence
records.
``(B) Funding.--The Attorney General--
``(i) may use not more than 50 percent of
the amounts made available under this
subsection for each of fiscal years 2018
through 2022 to carry out the initiative
described in subparagraph (A); and
``(ii) shall give a funding preference
under NARIP to States that--
``(I) have established an
implementation plan under section 107;
and
``(II) will use amounts made
available under this subparagraph to
improve efforts to identify and upload
all felony conviction records and
domestic violence records described in
clauses (i), (v), and (vi) of section
102(b)(1)(C) by not later than
September 30, 2022.''; and
(3) by adding at the end the following:
``(g) Technical Assistance.--The Attorney General shall direct the
Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the Federal Bureau of Investigation to--
``(1) assist States that are not currently eligible for
grants under this section to achieve compliance with all
eligibility requirements; and
``(2) provide technical assistance and training services to
grantees under this section.''.
SEC. 4. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY IMPROVEMENT
PROGRAM.
(a) State Grant Program for Criminal Justice Identification,
Information, and Communication.--Section 102 of the Crime
Identification Technology Act of 1998 (34 U.S.C. 40301) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(B) by inserting after subparagraph (B) the
following:
``(C) identification of all individuals who have
been convicted of a crime punishable by imprisonment
for a term exceeding 1 year'';
(2) in subsection (b)(6)--
(A) by striking ``(18 U.S.C. 922 note)'' and
inserting ``(34 U.S.C. 40901(b))''; and
(B) by inserting before the semicolon at the end
the following: ``, including through increased efforts
to pre-validate the contents of felony conviction
records and domestic violence records to expedite
eligibility determinations, and measures and resources
necessary to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007'';
(3) in subsection (d), by inserting after ``unless'' the
following: ``the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007 or''; and
(4) in subsection (e)(1), by striking ``2002 through 2007''
and inserting ``2018 through 2022''.
(b) Grants for the Improvement of Criminal Records.--Section
106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C.
40302(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``as of the date of enactment of
this Act'' and inserting ``, as of the date of
enactment of the Fix NICS Act of 2017,''; and
(B) by striking ``files,'' and inserting the
following: ``files and that will utilize funding under
this subsection to prioritize the identification and
transmittal of felony conviction records and domestic
violence records,'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C)--
(A) by striking ``upon establishment of the
national system,''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following--
``(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007.''.
SEC. 5. IMPROVING INFORMATION SHARING WITH THE STATES.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911 et seq.) is amended by adding at the end the
following:
``SEC. 107. IMPLEMENTATION PLAN.
``(a) In General.--Not later than 1 year after the date of
enactment of the Fix NICS Act of 2017, the Attorney General, in
coordination with the States and Indian tribal governments, shall
establish, for each State or Indian tribal government, a plan to ensure
maximum coordination and automation of the reporting or making
available of appropriate records to the National Instant Criminal
Background Check System established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification
of the accuracy of those records during a 4-year period specified in
the plan. The records shall be limited to those of an individual
described in subsection (g) or (n) of section 922 of title 18, United
States Code.
``(b) Benchmark Requirements.--Each plan established under this
section shall include annual benchmarks to enable the Attorney General
to assess the implementation of the plan, including--
``(1) qualitative goals and quantitative measures; and
``(2) a needs assessment, including estimated compliance
costs.
``(c) Compliance Determination.--Not later than the end of each
fiscal year beginning after the date of the establishment of an
implementation plan under this section, the Attorney General shall
determine whether each State or Indian tribal government has achieved
substantial compliance with the benchmarks included in the plan.
``(d) Accountability.--The Attorney General--
``(1) shall disclose and publish, including on the website
of the Department of Justice--
``(A) the name of each State or Indian tribal
government that received a determination of failure to
achieve substantial compliance with an implementation
plan under subsection (c) for the preceding fiscal
year; and
``(B) a description of the reasons for which the
Attorney General has determined that the State or
Indian tribal government is not in substantial
compliance with the implementation plan, including, to
the greatest extent possible, a description of the
types and amounts of records that have not been
submitted; and
``(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of
substantial compliance, shall--
``(A) immediately correct the applicable record;
and
``(B) not later than 3 days after the
determination, remove the record from the website of
the Department of Justice and any other location where
the record was published.
``(e) Incentives.--For each of fiscal years 2018 through 2022, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian tribal government that received a determination of substantial
compliance under subsection (c) for the fiscal year in which the grant
was solicited.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121
Stat. 2559) is amended by inserting after the item relating to section
106 the following:
``Sec. 107. Implementation plan.''.
SEC. 6. BJS REPORT ON USE OF BUMP STOCKS IN CRIME.
(a) In General.--Within 180 days after the date of the enactment of
this Act, the Bureau of Justice Statistics shall prepare and submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a written report that
specifies the number of times that a bump stock has been used in the
commission of a crime in the United States.
(b) Definition of Bump Stock.--In this section, the term ``bump
stock'' means a device that--
(1) attaches to a semiautomatic rifle (as defined in
section 921(a)(28) of title 18, United States Code);
(2) is designed and intended to repeatedly activate the
trigger without the deliberate and volitional act of the user
pulling the trigger each time the firearm is fired; and
(3) functions by continuous forward pressure applied to the
rifle's fore end in conjunction with a linear forward and
backward sliding motion of the mechanism utilizing the recoil
energy when the rifle is discharged.
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