[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Page S4320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4759. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2578, making appropriations for the Departments 
of Commerce and Justice, Science, and Related Agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Congress finds that not addressing appeals of 
     determinations made by the National Instant Criminal 
     Background Check System (commonly referred to as ``NICS'') 
     deprives law-abiding citizens of their--
       (1) right to keep and bear arms under the Second Amendment 
     to the Constitution of the United States; and
       (2) due process rights under the Fifth Amendment to the 
     Constitution of the United States.
       (b) The Federal Bureau of Investigation (referred to in 
     this section as the ``FBI''), in accordance with the 
     commitment of the President to hire more than 230 new NICS 
     examiners and staff, announced on January 4, 2016, shall use 
     amounts made available for salaries and expenses of the 
     Bureau, and may not use any other amounts made available to 
     the Bureau--
       (1) to pay NICS examiners to process new appeals of NICS 
     determinations and make a final disposition of each appeal 
     not later than 90 days after the date of receipt of the 
     appeal; and
       (2) to pay NICS examiners to--
       (A) eliminate the current backlog of appeals not later than 
     1 year after the date of enactment of this Act; and
       (B) continue to add individuals to the voluntary appeal 
     file (commonly referred to as the ``VAF'') to prevent 
     subsequent delays and erroneous denials.
       (c) The FBI may not cease the review or final disposition 
     of appeals of NICS determinations on or after the date of 
     enactment of this Act.
       (d) The FBI shall submit to Congress an annual report on 
     the disposition of appeals of NICS determinations during the 
     previous year that includes--
       (1) the number of NICS checks on individuals that were--
       (A) conducted by the FBI; or
       (B) conducted by a Point of Contact (commonly referred to 
     as ``POC'') State or local agency;
       (2) with respect to the NICS checks described in paragraph 
     (1), the number of denials of firearm transfers that resulted 
     from checks--
       (A) conducted by the FBI; or
       (B) conducted by a POC State or local agency;
       (3) with respect to the denials of firearm transfers 
     described in paragraph (2), the number of denials resulting 
     from NICS checks conducted by--
       (A) the FBI that were appealed; or
       (B) a POC State or local agency that were appealed--
       (i) to the POC State or local agency; or
       (ii) to the FBI;
       (4) with respect to the appeals described in--
       (A) subparagraph (A) or (B)(ii) of paragraph (3), that 
     number that were reversed by the FBI for--
       (i) FBI denials; or
       (ii) POC State or local agency denials; or
       (B) subparagraph (B)(i) of paragraph (3), the number that 
     were reversed by the POC State or local agency; and
       (5) the number of FBI denials that involved a VAF 
     application without a preceding appeal of a NICS denial.
                                 ______