[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2135

    To enforce current law regarding the National Instant Criminal 
                        Background Check System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2017

  Mr. Cornyn (for himself, Mr. Murphy, Mr. Scott, Mr. Blumenthal, Mr. 
  Hatch, Mrs. Feinstein, Mr. Heller, and Mrs. Shaheen) introduced the 
 following bill; which was read twice and 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. 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.''.
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