[House Report 115-437]
[From the U.S. Government Publishing Office]



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115th Congress   }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {        115-437
======================================================================



 
                          FIX NICS ACT OF 2017

                                _______
                                

December 5, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4477]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4477) to enforce current law regarding the National 
Instant Criminal Background Check System, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     6
Background and Need for the Legislation..........................     7
Hearings.........................................................     8
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................    10
New Budget Authority and Tax Expenditures........................    10
Committee Cost Estimate..........................................    10
Duplication of Federal Programs..................................    11
Disclosure of Directed Rule Makings..............................    11
Performance Goals and Objectives.................................    11
Advisory on Earmarks.............................................    11
Section-by-Section Analysis......................................    11
Changes in Existing Law Made by the Bill, as Reported............    12

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 head of 
                        each Federal department or agency shall update 
                        the plan biennially, to the extent necessary, 
                        based on the most recent biennial assessment 
                        under subparagraph (K). 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) Biennial assessment.--Every 2 years, the 
                Attorney General shall assess the extent to which the 
                actions taken under the Fix NICS Act of 2017 have 
                resulted in improvements in the system established 
                under this section.
                  ``(L) 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. 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), 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 section 7 of the 
                        Fix NICS Act 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. 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''; and
          (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''.
  (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, and 
shall update the plan biennially, to the extent necessary, based on the 
most recent biennial assessment under subsection (f). 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.
  ``(f) Biennial Assessment.--Every 2 years, the Attorney General shall 
assess the extent to which the actions taken under the Fix NICS Act of 
2017 have resulted in improvements in the National Instant Criminal 
Background Check System established under section 103 of the Brady 
Handgun Violence Prevention Act (34 U.S.C. 40903).

``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED 
                    PURCHASE OF A FIREARM.

  ``(a) In General.--In the case of a background check conducted by the 
National Instant Criminal Background Check System pursuant to the 
request of a licensed importer, licensed manufacturer, or licensed 
dealer of firearms (as such terms are defined in section 921 of title 
18, United States Code), which background check determines that the 
receipt of a firearm by a person would violate subsection (g) or (n) of 
section 922 of title 18, United States Code, and such determination is 
made after 3 business days have elapsed since the licensee contacted 
the System and a firearm has been transferred to that person, the 
System shall notify the law enforcement agencies described in 
subsection (b).
  ``(b) Law Enforcement Agencies Described.--The law enforcement 
agencies described in this subsection are the law enforcement agencies 
that have jurisdiction over the location from which the licensee 
contacted the system and the law enforcement agencies that have 
jurisdiction over the location of the residence of the person for which 
the background check was conducted, as follows:
          ``(1) The field office of the Federal Bureau of 
        Investigation.
          ``(2) The local law enforcement agency.
          ``(3) The State law enforcement agency.''.
  (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. 108. Notification to law enforcement agencies of prohibited 
purchase of a firearm.''.

SEC. 6. ATTORNEY GENERAL REPORT ON USE OF BUMP STOCKS IN CRIME.

  (a) In General.--Using amounts made available for research, 
evaluation, or statistical purposes, within 180 days after the date of 
the enactment of this Act, the Attorney General 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--
          (1) specifies the number of instances in which a bump stock 
        has been used in the commission of a crime in the United 
        States;
          (2) specifies the types of firearms with which a bump stock 
        has been so used; and
          (3) contains the opinion of the Attorney General as to 
        whether subparagraphs (B)(i) and (C)(i) of section 924(c)(1) of 
        title 18, United States Code, apply to all instances in which a 
        bump stock has been used in the commission of a crime of 
        violence 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.

SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated $100,000,000 
for each of fiscal years 2018 through 2022 to carry out, in accordance 
with the NICS Act Record Improvement Program and the National Criminal 
History Improvement Program, the activities under--
          (1) section 102 of the NICS Improvement Amendments Act of 
        2007;
          (2) section 103 of the NICS Improvement Amendments Act of 
        2007;
          (3) section 102 of the Crime Identification Technology Act of 
        1998; and
          (4) section 106(b) of the Brady Handgun Violence Prevention 
        Act.
  (b) Additional Authorizations.--Section 1001(a) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``$33,000,000'' and inserting 
                ``$31,000,000'';
                  (B) by striking ``1994 and 1995'' and inserting 
                ``2018 through 2022''; and
                  (C) by inserting ``, in addition to any amounts 
                otherwise made available for research, evaluation or 
                statistical purposes in a fiscal year'' before the 
                period; and
          (2) in paragraph (2)--
                  (A) by striking ``$33,000,000'' and inserting 
                ``$27,000,000'';
                  (B) by striking ``1994 and 1995'' and inserting 
                ``2018 through 2022''; and
                  (C) by inserting ``, in addition to any amounts 
                otherwise made available for research, evaluation or 
                statistical purposes in a fiscal year'' before the 
                period.

                          Purpose and Summary

    H.R. 4477 enforces current law regarding the National 
Instant Criminal Background Check System.

                Background and Need for the Legislation

    The National Instant Criminal Background Check System 
(NICS) is administered by the Federal Bureau of Investigation 
(FBI). A NICS check includes a check of three databases 
maintained by the FBI, the--
           Interstate Identification Index (III), a 
        database of criminal history record information;
           National Crime Information Center (NCIC), 
        which includes information on persons subject to civil 
        protection orders and arrest warrants; and
           NICS Index, which includes the information 
        contributed by federal and state agencies identifying 
        persons prohibited from possessing firearms who are not 
        included in the III or NCIC, such as persons with a 
        prohibiting mental health history or who are unlawful 
        aliens.
    If a NICS check identifies a person as falling within a 
prohibited category, the FBI advises the Federal Firearms 
Licensee (FFL) that the potential firearms transfer is 
``denied.'' Individuals can appeal denials and seek the 
correction of any inaccurate or incomplete information in the 
FBI databases by either applying to the FBI or the federal or 
state agency that contributed the information to the FBI.
    The NICS Improvement Amendments Act (NIAA) was passed in 
2007 in the wake of the Virginia Tech shootings in order to 
address loopholes in NICS that enabled the shooter to buy 
firearms despite having been adjudicated as a danger to himself 
by a Virginia court. Under the Gun Control Act of 1968, it was 
illegal for the assailant to purchase the firearms. However, 
the court in Virginia did not submit his disqualifying mental 
health adjudication to NICS, which therefore failed to deny the 
sale.
    The NIAA sought to address the gap in information available 
to NICS about such prohibiting mental health adjudications and 
commitments and other prohibiting backgrounds. Filling these 
information gaps was meant to better enable the system to 
operate as intended--to keep guns out of the hands of persons 
prohibited by federal or state law from receiving or possessing 
firearms.
    The NIAA contains provisions that encourage states to meet 
specified goals for completeness of the records submitted to 
the Attorney General on individuals prohibited by federal law 
from possessing firearms. The records covered include automated 
information needed by NICS to identify felony convictions, 
felony indictments, fugitives from justice, drug arrests and 
convictions, federally prohibiting mental health adjudications 
and commitments, domestic violence protection orders, and 
misdemeanor crimes of domestic violence. The Act provides for a 
number of incentives for states to meet the goals it sets for 
greater record completeness.
    The NIAA allows states to obtain a waiver of the National 
Criminal History Improvement Program's (NCHIP) state matching 
requirement for NCHIP grants, if a state provides at least 90 
percent of its records identifying the specified prohibited 
persons. The Act also authorizes a separate grant program to be 
administered consistent with NCHIP, for state executive and 
judicial agencies to establish and upgrade information 
automation and identification technologies for timely 
submission of final criminal record dispositions and other 
information relevant to NICS checks. Additionally, the Act 
provides for discretionary and mandatory Byrne grant penalties 
for non-compliance with record completeness requirements.
    The NIAA also creates a statutory obligation for federal 
agencies to report records identifying prohibited persons to 
the Attorney General no less than quarterly. It also requires 
each federal agency that issues prohibiting mental health 
adjudications or commitments to establish a program allowing a 
person subject to such an adjudication or commitment to apply 
for relief from firearms disability according to the standards 
articulated in 18 U.S.C. Sec. 925(c).
    On November 5, 2017, a mass shooting occurred at the First 
Baptist Church in Sutherland Springs, TX. The gunman murdered 
26 and injured 20 others. The shooter was prohibited by law 
from purchasing or possessing firearms and ammunition due to a 
domestic violence conviction in a court-martial while in the 
United States Air Force. The Air Force failed to record the 
conviction in the FBI NCIC database.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
4477.

                        Committee Consideration

    On November 29, 2017, the Committee met in open session and 
ordered the bill, H.R. 4477, favorably reported, with an 
amendment, by a roll call vote of 17 to 6, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call vote occurred during the Committee's 
consideration of H.R. 4477.
    1. An Amendment offered by Mrs. Handel to require the 
Attorney General to submit a report to Congress on bump stocks 
passed by a roll call vote of 12 to 10.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................      X
 
Mr. Nadler (NY), Ranking Member................              X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     12      10
------------------------------------------------------------------------


    2. Motion to report H.R. 38 favorably to the House. 
Approved 17 to 6.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................      X
Ms. Roby (AL)..................................      X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................      X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     17       6
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the Committee, based on informal 
discussions with the Congressional Budget Office, estimates 
that implementing H.R. 4477 could have insignificant effects on 
direct spending in each year, over the 5-year period, and over 
the 10-year period. A Congressional Budget Office cost estimate 
was not available at the time this report was filed.

                    Duplication of Federal Programs

    No provision of H.R. 4477 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee finds that H.R. 4477 contains no directed 
rule making within the meaning of 5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee states that H.R. 4477 
is intended to enforce current law regarding the National 
Instant Criminal Background Check System.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 4477 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short title. Section 1 sets forth the short 
title of the bill as the ``Fix NICS Act.''
    Sec. 2. Accountability for Federal Departments and 
Agencies. Section 2 requires all federal agencies to certify 
twice per year that they are uploading criminal records 
information to NICS and to establish and biennially update, if 
necessary, an implementation plan to ensure maximum 
coordination and reporting of records, including annual 
benchmarks, qualitative goals and quantitative measures, a 
needs assessment, and estimated compliance costs.
    It requires the Attorney General to make a compliance 
determination based on the agency's implementation plan and 
holds federal agencies accountable for failing to upload 
records by requiring the Attorney General to publish on the 
Department of Justice website and report to Congress the status 
of any agency that has failed to submit the required 
certification or failed to comply with its implementation plan.
    Finally, it requires the Attorney General to respond within 
60 days to requests to address errors in NICS and to biennially 
assess the actions taken pursuant to this Act.
    Sec. 3. NICS Act Record Improvement Program. Section 3 
creates incentives for States that are complying with NICS 
implementation plans, including by allowing them to waive the 
requirement that they match 10% of all federal NICS Act Record 
Improvement Program (NARIP) dollars. It also requires the 
Attorney General to establish a priority area under NARIP for a 
Domestic Abuse and Violence Prevention Initiative and directs 
the Attorney General to provide technical assistance to States 
that are facing challenges uploading required information to 
NICS.
    Sec. 4. National Criminal History Improvement Program. 
Section 4 amends the Crime Identification Technology Act of 
1998 to include the identification of all individuals who have 
been convicted of a crime punishable by imprisonment for more 
than one year as an eligible purpose of grant funding awarded 
consistent with National Criminal History Improvement Program 
(NCHIP) program. It also allows funding to be used to create 
and comply with NICS upload implementation plans.
    Sec 5. Improving Information Sharing with the States. 
Section 5 requires the Attorney General, in coordination with 
the States, to establish state implementation plans for each 
state to ensure maximum coordination and reporting of records, 
including annual benchmarks, qualitative goals and quantitative 
measures, a needs assessment, and estimated compliance costs. 
It holds States accountable by requiring the Attorney General 
to publish on the Department of Justice website, the status of 
any state that has failed to achieve substantial compliance 
with its implementation plan. It also incentivizes State 
compliance with NICS upload implementation plans by granting an 
affirmative grant preference (for all Bureau of Justice 
Assistance grant programs) for States that are on-track to have 
all relevant records uploaded to NICS by 2022. Finally, it 
requires NICS to notify relevant federal, state, and local law 
enforcement if a person prohibited from receiving a firearm 
nonetheless received a firearm because a NICS check was not 
completed in three business days.
    Sec. 6. Attorney General report on use of bump stocks. 
Section 6 requires the Attorney General to submit a report to 
Congress on bump stocks.
    Sec. 7. Authorization of Appropriations. Section 7 
authorizes the appropriation of $100,000,000 for each of fiscal 
years 2018 through 2022 to carry out sections 102 and 103 of 
the NICS Improvement Amendments Act of 2007, section 102 of the 
Crime Identification Technology Act of 1998 and section 106(b) 
of the Brady Handgun Violence Prevention Act. It also 
authorizes the appropriation of $31,000,000 for the Bureau of 
Justice Statistics and $27,000,000 for the National Institute 
of Justice for each of fiscal years 2018 through 2022.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                 BRADY HANDGUN VIOLENCE PREVENTION ACT


TITLE I--BRADY HANDGUN CONTROL

           *       *       *       *       *       *       *


SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

  (a) Determination of Timetables.--Not later than 6 months 
after the date of enactment of this Act, the Attorney General 
shall--
          (1) determine the type of computer hardware and 
        software that will be used to operate the national 
        instant criminal background check system and the means 
        by which State criminal records systems and the 
        telephone or electronic device of licensees will 
        communicate with the national system;
          (2) investigate the criminal records system of each 
        State and determine for each State a timetable by which 
        the State should be able to provide criminal records on 
        an on-line capacity basis to the national system; and
          (3) notify each State of the determinations made 
        pursuant to paragraphs (1) and (2).
  (b) Establishment of System.--Not later than 60 months after 
the date of the enactment of this Act, the Attorney General 
shall establish a national instant criminal background check 
system that any licensee may contact, by telephone or by other 
electronic means in addition to the telephone, for information, 
to be supplied immediately, on whether receipt of a firearm by 
a prospective transferee would violate section 922 of title 18, 
United States Code, or State law.
  (c) Expedited Action by the Attorney General.--The Attorney 
General shall expedite--
          (1) the upgrading and indexing of State criminal 
        history records in the Federal criminal records system 
        maintained by the Federal Bureau of Investigation;
          (2) the development of hardware and software systems 
        to link State criminal history check systems into the 
        national instant criminal background check system 
        established by the Attorney General pursuant to this 
        section; and
          (3) the current revitalization initiatives by the 
        Federal Bureau of Investigation for technologically 
        advanced fingerprint and criminal records 
        identification.
  (d) Notification of Licensees.--On establishment of the 
system under this section, the Attorney General shall notify 
each licensee and the chief law enforcement officer of each 
State of the existence and purpose of the system and the means 
to be used to contact the system.
  (e) Administrative Provisions.--
          (1) Authority to obtain official information.--
                  (A) In general.--Notwithstanding any other 
                law, the Attorney General may secure directly 
                from any department or agency of the United 
                States such information on persons for whom 
                receipt of a firearm would violate subsection 
                (g) or (n) of section 922 of title 18, United 
                States Code or State law, as is necessary to 
                enable the system to operate in accordance with 
                this section.
                  (B) Request of attorney general.--On request 
                of the Attorney General, the head of such 
                department or agency shall furnish electronic 
                versions of the information described under 
                subparagraph (A) to the system.
                  (C) Quarterly submission to attorney 
                general.--If a Federal department or agency 
                under subparagraph (A) has any record of any 
                person demonstrating that the person falls 
                within one of the categories described in 
                subsection (g) or (n) of section 922 of title 
                18, United States Code, the head of such 
                department or agency shall, not less frequently 
                than quarterly, provide the pertinent 
                information contained in such record to the 
                Attorney General.
                  (D) Information updates.--The Federal 
                department or agency, on being made aware that 
                the basis under which a record was made 
                available under subparagraph (A) does not 
                apply, or no longer applies, shall--
                          (i) update, correct, modify, or 
                        remove the record from any database 
                        that the agency maintains and makes 
                        available to the Attorney General, in 
                        accordance with the rules pertaining to 
                        that database; and
                          (ii) notify the Attorney General that 
                        such basis no longer applies so that 
                        the National Instant Criminal 
                        Background Check System is kept up to 
                        date.
                The Attorney General upon receiving notice 
                pursuant to clause (ii) shall ensure that the 
                record in the National Instant Criminal 
                Background Check System is updated, corrected, 
                modified, or removed within 30 days of receipt.
                  (E) Annual report.--The Attorney General 
                shall submit an annual report to Congress that 
                describes the compliance of each department or 
                agency with the provisions of this paragraph.
                  (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 head of each 
                        Federal department or agency shall 
                        update the plan biennially, to the 
                        extent necessary, based on the most 
                        recent biennial assessment under 
                        subparagraph (K). 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) Biennial assessment.--Every 2 years, the 
                Attorney General shall assess the extent to 
                which the actions taken under the Fix NICS Act 
                of 2017 have resulted in improvements in the 
                system established under this section.
                  (L) 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.
          (2) Other authority.--The Attorney General shall 
        develop such computer software, design and obtain such 
        telecommunications and computer hardware, and employ 
        such personnel, as are necessary to establish and 
        operate the system in accordance with this section.
  (f) Written Reasons Provided on Request.--If the national 
instant criminal background check system determines that an 
individual is ineligible to receive a firearm and the 
individual requests the system to provide the reasons for the 
determination, the system shall provide such reasons to the 
individual, in writing, within 5 business days after the date 
of the request.
  (g) Correction of Erroneous System Information.--If the 
system established under this section informs an individual 
contacting the system that receipt of a firearm by a 
prospective transferee would violate subsection (g) or (n) of 
section 922 of title 18, United States Code or State law, the 
prospective transferee may request the Attorney General to 
provide the prospective transferee with the reasons therefor. 
Upon receipt of such a request, the Attorney General shall 
immediately comply with the request. The prospective transferee 
may submit to the Attorney General information to correct, 
clarify, or supplement records of the system with respect to 
the prospective transferee. After receipt of such information, 
the Attorney General shall immediately consider the 
information, investigate the matter further, and correct all 
erroneous Federal records relating to the prospective 
transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such 
erroneous records. 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.
  (h) Regulations.--After 90 days' notice to the public and an 
opportunity for hearing by interested parties, the Attorney 
General shall prescribe regulations to ensure the privacy and 
security of the information of the system established under 
this section.
  (i) Prohibition Relating To Establishment of Registration 
Systems With Respect to Firearms.--No department, agency, 
officer, or employee of the United States may--
          (1) require that any record or portion thereof 
        generated by the system established under this section 
        be recorded at or transferred to a facility owned, 
        managed, or controlled by the United States or any 
        State or political subdivision thereof; or
          (2) use the system established under this section to 
        establish any system for the registration of firearms, 
        firearm owners, or firearm transactions or 
        dispositions, except with respect to persons, 
        prohibited by section 922 (g) or (n) of title 18, 
        United States Code or State law, from receiving a 
        firearm.
  (j) Definitions.--As used in this section:
          (1) Licensee.--The term ``licensee'' means a licensed 
        importer (as defined in section 921(a)(9) of title 18, 
        United States Code), a licensed manufacturer (as 
        defined in section 921(a)(10) of that title), or a 
        licensed dealer (as defined in section 921(a)(11) of 
        that title).
          (2) Other terms.--The terms ``firearm'', ``handgun'', 
        ``licensed importer'', ``licensed manufacturer'', and 
        ``licensed dealer'' have the meanings stated in section 
        921(a) of title 18, United States Code, as amended by 
        subsection (a)(2).
  (k) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as are necessary to enable the 
Attorney General to carry out this section.

           *       *       *       *       *       *       *


SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

  (a) Use of Formula Grants.--Section 509(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3759(b)) is amended--
          (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
          (2) in paragraph (3) by striking the period and 
        inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this 
        subsection and the records required by the Attorney 
        General under section 103 of the Brady Handgun Violence 
        Prevention Act, for the purpose of implementing that 
        Act.''.
  (b) Additional Funding.--
          (1) Grants for the improvement of criminal records.--
        The Attorney General, through the Bureau of Justice 
        Statistics, shall, subject to appropriations and with 
        preference to States that [as of the date of enactment 
        of this Act], as of the date of enactment of the Fix 
        NICS Act of 2017, have the lowest percent currency of 
        case dispositions in computerized criminal history 
        [files,] files and that will utilize funding under this 
        subsection to prioritize the identification and 
        transmittal of felony conviction records and domestic 
        violence records, make a grant to each State to be 
        used--
                  (A) for the creation of a computerized 
                criminal history record system or improvement 
                of an existing system;
                  (B) to improve accessibility to the national 
                instant criminal background system; [and]
                  (C) [upon establishment of the national 
                system,] to assist the State in the transmittal 
                of criminal records to the national system[.]; 
                and
                  (D) to establish and achieve compliance with 
                an implementation plan under section 107 of the 
                NICS Improvement Amendments Act of 2007.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated for grants under 
        paragraph (1) a total of $200,000,000 for fiscal year 
        1994 and all fiscal years thereafter.

           *       *       *       *       *       *       *

                              ----------                              


                NICS IMPROVEMENT AMENDMENTS ACT OF 2007


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Tile.--This Act may be cited as the ``NICS 
Improvement Amendments Act of 2007''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                     TITLE I--TRANSMITTAL OF RECORDS

     * * * * * * *
Sec. 107. Implementation plan.
Sec. 108. Notification to law enforcement agencies of prohibited 
          purchase of a firearm.

           *       *       *       *       *       *       *


TITLE I--TRANSMITTAL OF RECORDS

           *       *       *       *       *       *       *


SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.

  (a) In general.--Beginning 3 years after the date of the 
enactment of this Act, a State shall be eligible to receive a 
waiver of the 10 percent matching requirement for National 
Criminal History Improvement Grants under [the Crime 
Identification Technology Act of 1988 (42 U.S.C. 14601)] 
section 102 of the Crime Identification Technology Act of 1998 
(34 U.S.C. 40301) if the State is in compliance with an 
implementation plan established under subsection (b) or 
provides at least 90 percent of the information described in 
subsection (c). The length of such a waiver shall not exceed 2 
years.
  (b) State Estimates.--
          (1) Initial state estimate.--
                  (A) In general.--To assist the Attorney 
                General in making a determination under 
                subsection (a) of this section, and under 
                section 104, concerning the compliance of the 
                States in providing information to the Attorney 
                General for the purpose of receiving a waiver 
                under subsection (a) of this section, or facing 
                a loss of funds under section 104, by a date 
                not later than 180 days after the date of the 
                enactment of this Act, each State shall provide 
                the Attorney General with a reasonable 
                estimate, as calculated by a method determined 
                by the Attorney General and in accordance with 
                section 104(d), of the number of the records 
                described in subparagraph (C) applicable to 
                such State that concern persons who are 
                prohibited from possessing or receiving a 
                firearm under subsection (g) or (n) of section 
                922 of title 18, United States Code.
                  (B) Failure to provide initial estimate.--A 
                State that fails to provide an estimate 
                described in subparagraph (A) by the date 
                required under such subparagraph shall be 
                ineligible to receive any funds under section 
                103, until such date as it provides such 
                estimate to the Attorney General or has 
                established an implementation plan under 
                section 107.
                  (C) Record defined.--For purposes of 
                subparagraph (A), a record is the following:
                          (i) A record that identifies a person 
                        who has been convicted in any court of 
                        a crime punishable by imprisonment for 
                        a term exceeding 1 year.
                          (ii) A record that identifies a 
                        person for whom an indictment has been 
                        returned for a crime punishable by 
                        imprisonment for a term exceeding 1 
                        year that is valid under the laws of 
                        the State involved or who is a fugitive 
                        from justice, as of the date of the 
                        estimate, and for which a record of 
                        final disposition is not available.
                          (iii) A record that identifies a 
                        person who is an unlawful user of, or 
                        addicted to a controlled substance (as 
                        such terms ``unlawful user'' and 
                        ``addicted'' are respectively defined 
                        in regulations implementing section 
                        922(g)(3) of title 18, United States 
                        Code, as in effect on the date of the 
                        enactment of this Act) as demonstrated 
                        by arrests, convictions, and 
                        adjudications, and whose record is not 
                        protected from disclosure to the 
                        Attorney General under any provision of 
                        State or Federal law.
                          (iv) A record that identifies a 
                        person who has been adjudicated as a 
                        mental defective or committed to a 
                        mental institution, consistent with 
                        section 922(g)(4) of title 18, United 
                        States Code, and whose record is not 
                        protected from disclosure to the 
                        Attorney General under any provision of 
                        State or Federal law.
                          (v) A record that is electronically 
                        available and that identifies a person 
                        who, as of the date of such estimate, 
                        is subject to a court order described 
                        in section 922(g)(8) of title 18, 
                        United States Code.
                          (vi) A record that is electronically 
                        available and that identifies a person 
                        convicted in any court of a misdemeanor 
                        crime of domestic violence, as defined 
                        in section 921(a)(33) of title 18, 
                        United States Code.
          (2) Scope.--The Attorney General, in determining the 
        compliance of a State under this section or section 104 
        for the purpose of granting a waiver or imposing a loss 
        of Federal funds, shall assess the total percentage of 
        records provided by the State concerning any event 
        occurring within the prior 20 years, which would 
        disqualify a person from possessing a firearm under 
        subsection (g) or (n) of section 922 of title 18, 
        United States Code.
          (3) Clarification.--Notwithstanding paragraph (2), 
        States shall endeavor to provide the National Instant 
        Criminal Background Check System with all records 
        concerning persons who are prohibited from possessing 
        or receiving a firearm under subsection (g) or (n) of 
        section 922 of title 18, United States Code, regardless 
        of the elapsed time since the disqualifying event.
  (c) Eligibility of State Records for Submission to the 
National Instant Criminal Background Check System.--
          (1) Requirements for eligibility.--
                  (A) In general.--From the information 
                collected by a State, the State shall make 
                electronically available to the Attorney 
                General records relevant to a determination of 
                whether a person is disqualified from 
                possessing or receiving a firearm under 
                subsection (g) or (n) of section 922 of title 
                18, United States Code, or applicable State 
                law.
                  (B) NICS updates.--The State, on being made 
                aware that the basis under which a record was 
                made available under subparagraph (A) does not 
                apply, or no longer applies, shall, as soon as 
                practicable--
                          (i) update, correct, modify, or 
                        remove the record from any database 
                        that the Federal or State government 
                        maintains and makes available to the 
                        National Instant Criminal Background 
                        Check System, consistent with the rules 
                        pertaining to that database; and
                          (ii) notify the Attorney General that 
                        such basis no longer applies so that 
                        the record system in which the record 
                        is maintained is kept up to date.
                The Attorney General upon receiving notice 
                pursuant to clause (ii) shall ensure that the 
                record in the National Instant Criminal 
                Background Check System is updated, corrected, 
                modified, or removed within 30 days of receipt.
                  (C) Certification.--To remain eligible for a 
                waiver under subsection (a), a State shall 
                certify to the Attorney General, not less than 
                once during each 2-year period, that at least 
                90 percent of all records described in 
                subparagraph (A) has been made electronically 
                available to the Attorney General in accordance 
                with subparagraph (A).
                  (D) Inclusion of all records.--For purposes 
                of this paragraph, a State shall identify and 
                include all of the records described under 
                subparagraph (A) without regard to the age of 
                the record.
          (2) Application to persons convicted of misdemeanor 
        crimes of domestic violence.--The State shall make 
        available to the Attorney General, for use by the 
        National Instant Criminal Background Check System, 
        records relevant to a determination of whether a person 
        has been convicted in any court of a misdemeanor crime 
        of domestic violence. With respect to records relating 
        to such crimes, the State shall provide information 
        specifically describing the offense and the specific 
        section or subsection of the offense for which the 
        defendant has been convicted and the relationship of 
        the defendant to the victim in each case.
          (3) Application to persons who have been adjudicated 
        as a mental defective or committed to a mental 
        institution.--The State shall make available to the 
        Attorney General, for use by the National Instant 
        Criminal Background Check System, the name and other 
        relevant identifying information of persons adjudicated 
        as a mental defective or those committed to mental 
        institutions to assist the Attorney General in 
        enforcing section 922(g)(4) of title 18, United States 
        Code.
  (d) Privacy Protections.--For any information provided to the 
Attorney General for use by the National Instant Criminal 
Background Check System, relating to persons prohibited from 
possessing or receiving a firearm under section 922(g)(4) of 
title 18, United States Code, the Attorney General shall work 
with States and local law enforcement and the mental health 
community to establish regulations and protocols for protecting 
the privacy of information provided to the system. The Attorney 
General shall make every effort to meet with any mental health 
group seeking to express its views concerning these regulations 
and protocols and shall seek to develop regulations as 
expeditiously as practicable.
  (e) Attorney General Report.--Not later than January 31 of 
each year, the Attorney General shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report on the 
progress of States in automating the databases containing the 
information described in subsection (b) and in making that 
information electronically available to the Attorney General 
pursuant to the requirements of subsection (c).

SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.

  (a) Authorization.--
          (1) In general.--From amounts made available to carry 
        out this section and subject to section 102(b)(1)(B), 
        the Attorney General shall make grants to States and 
        Indian tribal governments, in a manner consistent with 
        the National Criminal History Improvement Program, 
        which shall be used by the States and Indian tribal 
        governments, in conjunction with units of local 
        government and State and local courts, to establish or 
        upgrade information and identification technologies for 
        firearms eligibility determinations. Not less than 3 
        percent, and no more than 10 percent of each grant 
        under this paragraph shall be used to maintain the 
        relief from disabilities program in accordance with 
        section 105.
          (2) Grants to Indian Tribes.--Up to 5 percent of the 
        grant funding available under this section may be 
        reserved for Indian tribal governments, including 
        tribal judicial systems.
  (b) Use of Grant Amounts.--Grants awarded to States or Indian 
tribes under this section may only be used to--
          (1) create electronic systems, which provide accurate 
        and up-to-date information which is directly related to 
        checks under the National Instant Criminal Background 
        Check System (referred to in this section as ``NICS''), 
        including court disposition and corrections records;
          (2) assist States in establishing or enhancing their 
        own capacities to perform NICS background checks;
          (3) supply accurate and timely information to the 
        Attorney General concerning final dispositions of 
        criminal records to databases accessed by NICS, 
        including through increased efforts to pre-validate the 
        contents of those records to expedite eligibility 
        determinations;
          (4) supply accurate and timely information to the 
        Attorney General concerning the identity of persons who 
        are prohibited from obtaining a firearm under section 
        922(g)(4) of title 18, United States Code, to be used 
        by the Federal Bureau of Investigation solely to 
        conduct NICS background checks;
          (5) supply accurate and timely court orders and 
        records of misdemeanor crimes of domestic violence for 
        inclusion in Federal and State law enforcement 
        databases used to conduct NICS background checks;
          (6) collect and analyze data needed to demonstrate 
        levels of State compliance with this Act; and
          (7) maintain the relief from disabilities program in 
        accordance with section 105, but not less than 3 
        percent, and no more than 10 percent of each grant 
        shall be used for this purpose.
  (c) Eligibility.--To be eligible for a grant under this 
section, a State shall certify, to the satisfaction of the 
Attorney General, that the State has implemented a relief from 
disabilities program in accordance with section 105.
  (d) Condition.--As a condition of receiving a grant under 
this section, a State shall specify the projects for which 
grant amounts will be used, and shall use such amounts only as 
specified. A State that violates this subsection shall be 
liable to the Attorney General for the full amount of the grant 
received under this section.
  (e) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section $125,000,000 for 
        fiscal year 2009, $250,000,000 for fiscal year 2010, 
        $250,000,000 for fiscal year 2011, $125,000,000 for 
        fiscal year 2012, and $125,000,000 for fiscal year 
        2013.
          [(2) Allocations.--For fiscal years 2009 and 2010, 
        the Attorney General shall endeavor to allocate at 
        least \1/2\ of the authorized appropriations to those 
        States providing more than 50 percent of the records 
        required to be provided under sections 102 and 103. For 
        fiscal years 2011, 2012, and 2013, the Attorney General 
        shall endeavor to allocate at least \1/2\ of the 
        authorized appropriations to those States providing 
        more than 70 percent of the records required to be 
        provided under section 102 and 103. The allocations in 
        this paragraph shall be subject to the discretion of 
        the Attorney General, who shall have the authority to 
        make adjustments to the distribution of the authorized 
        appropriations as necessary to maximize incentives for 
        State compliance.]
          (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 
                        section 7 of the Fix NICS Act 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.
  (f) User Fee.--The Federal Bureau of Investigation shall not 
charge a user fee for background checks pursuant to section 
922(t) of title 18, United States Code.
  (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. 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, and shall 
update the plan biennially, to the extent necessary, based on 
the most recent biennial assessment under subsection (f). 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.
  (f) Biennial Assessment.--Every 2 years, the Attorney General 
shall assess the extent to which the actions taken under the 
Fix NICS Act of 2017 have resulted in improvements in the 
National Instant Criminal Background Check System established 
under section 103 of the Brady Handgun Violence Prevention Act 
(34 U.S.C. 40903).

SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED 
                    PURCHASE OF A FIREARM.

  (a) In General.--In the case of a background check conducted 
by the National Instant Criminal Background Check System 
pursuant to the request of a licensed importer, licensed 
manufacturer, or licensed dealer of firearms (as such terms are 
defined in section 921 of title 18, United States Code), which 
background check determines that the receipt of a firearm by a 
person would violate subsection (g) or (n) of section 922 of 
title 18, United States Code, and such determination is made 
after 3 business days have elapsed since the licensee contacted 
the System and a firearm has been transferred to that person, 
the System shall notify the law enforcement agencies described 
in subsection (b).
  (b) Law Enforcement Agencies Described.--The law enforcement 
agencies described in this subsection are the law enforcement 
agencies that have jurisdiction over the location from which 
the licensee contacted the system and the law enforcement 
agencies that have jurisdiction over the location of the 
residence of the person for which the background check was 
conducted, as follows:
          (1) The field office of the Federal Bureau of 
        Investigation.
          (2) The local law enforcement agency.
          (3) The State law enforcement agency.

           *       *       *       *       *       *       *

                              ----------                              


CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

           *       *       *       *       *       *       *



TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

           *       *       *       *       *       *       *


SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, 
                    INFORMATION, AND COMMUNICATION.

  (a) In General.--Subject to the availability of amounts 
provided in advance in appropriations Acts, the Office of 
Justice Programs relying principally on the expertise of the 
Bureau of Justice Statistics shall make a grant to each State, 
in a manner consistent with the national criminal history 
improvement program, which shall be used by the State, in 
conjunction with units of local government, State and local 
courts, other States, or combinations thereof, to establish or 
upgrade an integrated approach to develop information and 
identification technologies and systems to--
          (1) upgrade criminal history and criminal justice 
        record systems, including systems operated by law 
        enforcement agencies and courts;
          (2) improve criminal justice identification;
          (3) promote compatibility and integration of 
        national, State, and local systems for--
                  (A) criminal justice purposes;
                  (B) firearms eligibility determinations;
                  (C) identification of all individuals who 
                have been convicted of a crime punishable by 
                imprisonment for a term exceeding 1 year
                  [(C)] (D) identification of sexual offenders;
                  [(D)] (E) identification of domestic violence 
                offenders; and
                  [(E)] (F) background checks for other 
                authorized purposes unrelated to criminal 
                justice; and
          (4) capture information for statistical and research 
        purposes to improve the administration of criminal 
        justice.
  (b) Use of Grant Amounts.--Grants under this section may be 
used for programs to establish, develop, update, or upgrade--
          (1) State centralized, automated, adult and juvenile 
        criminal history record information systems, including 
        arrest and disposition reporting;
          (2) automated fingerprint identification systems that 
        are compatible with standards established by the 
        National Institute of Standards and Technology and 
        interoperable with the Integrated Automated Fingerprint 
        Identification System (IAFIS) of the Federal Bureau of 
        Investigation;
          (3) finger imaging, live scan, and other automated 
        systems to digitize fingerprints and to communicate 
        prints in a manner that is compatible with standards 
        established by the National Institute of Standards and 
        Technology and interoperable with systems operated by 
        States and by the Federal Bureau of Investigation;
          (4) programs and systems to facilitate full 
        participation in the Interstate Identification Index of 
        the National Crime Information Center;
          (5) systems to facilitate full participation in any 
        compact relating to the Interstate Identification Index 
        of the National Crime Information Center;
          (6) systems to facilitate full participation in the 
        national instant criminal background check system 
        established under section 103(b) of the Brady Handgun 
        Violence Prevention Act [(18 U.S.C. 922 note)] (34 
        U.S.C. 40901(b)) for firearms eligibility 
        determinations, 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;
          (7) integrated criminal justice information systems 
        to manage and communicate criminal justice information 
        among law enforcement agencies, courts, prosecutors, 
        and corrections agencies;
          (8) noncriminal history record information systems 
        relevant to firearms eligibility determinations for 
        availability and accessibility to the national instant 
        criminal background check system established under 
        section 103(b) of the Brady Handgun Violence Prevention 
        Act (18 U.S.C. 922 note);
          (9) court-based criminal justice information systems 
        that promote--
                  (A) reporting of dispositions to central 
                State repositories and to the Federal Bureau of 
                Investigation; and
                  (B) compatibility with, and integration of, 
                court systems with other criminal justice 
                information systems;
          (10) ballistics identification and information 
        programs that are compatible and integrated with the 
        National Integrated Ballistics Network (NIBN);
          (11) the capabilities of forensic science programs 
        and medical examiner programs related to the 
        administration of criminal justice, including programs 
        leading to accreditation or certification of 
        individuals or departments, agencies, or laboratories, 
        and programs relating to the identification and 
        analysis of deoxyribonucleic acid;
          (12) sexual offender identification and registration 
        systems;
          (13) domestic violence offender identification and 
        information systems;
          (14) programs for fingerprint-supported background 
        checks capability for noncriminal justice purposes, 
        including youth service employees and volunteers and 
        other individuals in positions of responsibility, if 
        authorized by Federal or State law and administered by 
        a government agency;
          (15) criminal justice information systems with a 
        capacity to provide statistical and research products 
        including incident-based reporting systems that are 
        compatible with the National Incident-Based Reporting 
        System (NIBRS) and uniform crime reports;
          (16) multiagency, multijurisdictional communications 
        systems among the States to share routine and emergency 
        information among Federal, State, and local law 
        enforcement agencies;
          (17) the capability of the criminal justice system to 
        deliver timely, accurate, and complete criminal history 
        record information to child welfare agencies, 
        organizations, and programs that are engaged in the 
        assessment of risk and other activities related to the 
        protection of children, including protection against 
        child sexual abuse, and placement of children in foster 
        care; and
          (18) notwithstanding subsection (c), antiterrorism 
        purposes as they relate to any other uses under this 
        section or for other antiterrorism programs.
  (c) Assurances.--
          (1) In general.--To be eligible to receive a grant 
        under this section, a State shall provide assurances to 
        the Attorney General that the State has the capability 
        to contribute pertinent information to the national 
        instant criminal background check system established 
        under section 103(b) of the Brady Handgun Violence 
        Prevention Act (18 U.S.C. 922 note).
          (2) Information sharing.--Such assurances shall 
        include a provision that ensures that a statewide 
        strategy for information sharing systems is underway, 
        or will be initiated, to improve the functioning of the 
        criminal justice system, with an emphasis on 
        integration of all criminal justice components, law 
        enforcement, courts, prosecution, corrections, and 
        probation and parole. The strategy shall be prepared 
        after consultation with State and local officials with 
        emphasis on the recommendation of officials whose duty 
        it is to oversee, plan, and implement integrated 
        information technology systems, and shall contain--
                  (A) a definition and analysis of 
                ``integration'' in the State and localities 
                developing integrated information sharing 
                systems;
                  (B) an assessment of the criminal justice 
                resources being devoted to information 
                technology;
                  (C) Federal, State, regional, and local 
                information technology coordination 
                requirements;
                  (D) an assurance that the individuals who 
                developed the grant application took into 
                consideration the needs of all branches of the 
                State Government and specifically sought the 
                advice of the chief of the highest court of the 
                State with respect to the application;
                  (E) State and local resource needs;
                  (F) the establishment of statewide priorities 
                for planning and implementation of information 
                technology systems; and
                  (G) a plan for coordinating the programs 
                funded under this title with other federally 
                funded information technology programs, 
                including directly funded local programs such 
                as the Edward Byrne Justice Assistance 
                GrantProgram and the M.O.R.E. program 
                established pursuant to part Q of title I of 
                the Omnibus Crime Control and Safe Streets Act 
                of 1968.
  (d) Matching Funds.--The Federal share of a grant received 
under this title may not exceed 90 percent of the costs of a 
program or proposal funded under this title unless the State 
has achieved compliance with an implementation plan under 
section 107 of the NICS Improvement Amendments Act of 2007 or 
the Attorney General waives, wholly or in part, the 
requirements of this subsection.
  (e) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $250,000,000 for 
        eachof fiscal years 2002 through 2007.
          (2) Limitations.--Of the amount made available to 
        carry out this section in any fiscal year--
                  (A) not more than 3 percent may be used by 
                the Attorney General for salaries and 
                administrative expenses;
                  (B) not more than 5 percent may be used for 
                technical assistance, training and evaluations, 
                and studies commissioned by Bureau of Justice 
                Statistics of the Department of Justice 
                (through discretionary grants or otherwise) in 
                furtherance of the purposes of this section; 
                and
                  (C) the Attorney General shall ensure the 
                amounts are distributed on an equitable 
                geographic basis.
  (f) Grants to Indian Tribes.--Notwithstanding any other 
provision of this section, the Attorney General may use amounts 
made available under this section to make grants to Indian 
tribes for use in accordance with this section.

           *       *       *       *       *       *       *

                              ----------                              


OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *



TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *



                            Part J--Funding


                    authorization of appropriations

  Sec. 1001. (a)(1) There is authorized to be appropriated 
$30,000,000 for fiscal year 1992 and [$33,000,000] $31,000,000 
for each of the fiscal years [1994 and 1995] 2018 through 2022 
to carry out the functions of the Bureau of Justice Statistics, 
in addition to any amounts otherwise made available for 
research, evaluation or statistical purposes in a fiscal year.
  (2) There is authorized to be appropriated $30,000,000 for 
fiscal year 1992 and [$33,000,000] $27,000,000 for each of the 
fiscal years [1994 and 1995] 2018 through 2022 to carry out the 
functions of the National Institute of Justice, in addition to 
any amounts otherwise made available for research, evaluation 
or statistical purposes in a fiscal year.
  (3) There are authorized to be appropriated such sums as may 
be necessary for fiscal year 1992 and $28,000,000 for each of 
the fiscal years 1994 and 1995 to carry out the remaining 
functions of the Office of Justice Programs and the Bureau of 
Justice Assistance other than functions under parts D, E, F, G, 
L, M, N, O, P, Q, or R or EE.
  (4) There are authorized to be appropriated for each fiscal 
year such sums as may be necessary to carry out part L of this 
title.
  (5) There are authorized to be appropriated such sums as may 
be necessary for fiscal year 1992 and $1,000,000,000 for each 
of the fiscal years 1994 and 1995 to carry out the programs 
under parts D and E (other than chapter B of subpart 2) (other 
than chapter B of subpart 2 of part E) of this title.
  (6) There are authorized to be appropriated such sums as may 
be necessary for fiscal year 1992, $245,000,000 for fiscal year 
1993, and such sums as may be necessary for fiscal year 1994 
and 1995 to carry out chapter B of subpart 2 of part E of this 
title.
  (7) There is authorized to be appropriated to carry out part 
N $1,000,000 for each of fiscal years 2001 through 2005.
  (8) There are authorized to be appropriated such sums as may 
be necessary for fiscal year 1992, $16,500,000 for fiscal year 
1993, and such sums as may be necessary for fiscal year 1994 
and 1995.
  (9) There are authorized to be appropriated to carry out part 
O--
          (A) $24,000,000 for fiscal year 1996;
          (B) $40,000,000 for fiscal year 1997;
          (C) $50,000,000 for fiscal year 1998;
          (D) $60,000,000 for fiscal year 1999; and
          (E) $66,000,000 for fiscal year 2000.
  (10) There are authorized to be appropriated $10,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out 
projects under part P.
  (11)(A) There are authorized to be appropriated to carry out 
part Q, to remain available until expended $1,047,119,000 for 
each of fiscal years 2006 through 2009.
  (B) Of funds available under part Q in any fiscal year, up to 
3 percent may be used for technical assistance under section 
1701(d) or for evaluations or studies carried out or 
commissioned by the Attorney General in furtherance of the 
purposes of part Q. Of the remaining funds, 50 percent shall be 
allocated for grants pursuant to applications submitted by 
units of local government or law enforcement agencies having 
jurisdiction over areas with populations exceeding 150,000 or 
by public and private entities that serve areas with 
populations exceeding 150,000, and 50 percent shall be 
allocated for grants pursuant to applications submitted by 
units of local government or law enforcement agencies having 
jurisdiction over areas with populations 150,000 or less or by 
public and private entities that serve areas with populations 
150,000 or less. In view of the extraordinary need for law 
enforcement assistance in Indian country, an appropriate amount 
of funds available under part Q shall be made available for 
grants to Indian tribal governments or tribal law enforcement 
agencies.
  (16) There are authorized to be appropriated to carry out 
projects under part R--
          (A) $20,000,000 for fiscal year 1996;
          (B) $25,000,000 for fiscal year 1997;
          (C) $30,000,000 for fiscal year 1998;
          (D) $35,000,000 for fiscal year 1999; and
          (E) $40,000,000 for fiscal year 2000.
  (17) There are authorized to be appropriated to carry out the 
projects under part S--
          (A) $27,000,000 for fiscal year 1996;
          (B) $36,000,000 for fiscal year 1997;
          (C) $63,000,000 for fiscal year 1998;
          (D) $72,000,000 for fiscal year 1999; and
          (E) $72,000,000 for fiscal year 2000.
  (18) There is authorized to be appropriated to carry out part 
T $222,000,000 for each of fiscal years 2014 through 2018.
  (19) There is authorized to be appropriated to carry out part 
U $73,000,000 for each of fiscal years 2014 through 2018. Funds 
appropriated under this paragraph shall remain available until 
expended.
  (20) There are authorized to be appropriated to carry out 
part V, $10,000,000 for each of fiscal years 2001 through 2004.
  (21) There are authorized to be appropriated to carry out 
part W--
          (1) $2,500,000 for fiscal year 1996;
          (2) $4,000,000 for fiscal year 1997;
          (3) $5,000,000 for fiscal year 1998;
          (4) $6,000,000 for fiscal year 1999; and
          (5) $7,500,000 for fiscal year 2000.
  (22) There are authorized to be appropriated to carry out 
part X--
          (1) $1,000,000 for fiscal year 1996;
          (2) $3,000,000 for fiscal year 1997;
          (3) $5,000,000 for fiscal year 1998;
          (4) $13,500,000 for fiscal year 1999; and
          (5) $17,500,000 for fiscal year 2000.
  (23) There is authorized to be appropriated to carry out part 
Y, $25,000,000 for each of fiscal years 2016 through 2020.
  (24) There are authorized to be appropriated to carry out 
part BB, to remain available until expended--
          (A) $35,000,000 for fiscal year 2001;
          (B) $85,400,000 for fiscal year 2002;
          (C) $134,733,000 for fiscal year 2003;
          (D) $128,067,000 for fiscal year 2004;
          (E) $56,733,000 for fiscal year 2005;
          (F) $42,067,000 for fiscal year 2006;
          (G) $20,000,000 for fiscal year 2007;
          (H) $20,000,000 for fiscal year 2008;
          (I) $20,000,000 for fiscal year 2009; and
          (J) $13,500,000 for fiscal year 2017;
          (K) $18,500,000 for fiscal year 2018;
          (L) $19,000,000 for fiscal year 2019;
          (M) $21,000,000 for fiscal year 2020; and
          (N) $23,000,000 for fiscal year 2021.
  (25)(A) Except as provided in subparagraph (C), there are 
authorized to be appropriated to carry out part EE--
          (i) $50,000,000 for fiscal year 2002;
          (ii) $54,000,000 for fiscal year 2003;
          (iii) $58,000,000 for fiscal year 2004; and
          (iv) $60,000,000 for fiscal year 2005.
                  (v) $70,000,000 for each of fiscal years 2007 
                and 2008.
                  (v) $70,000,000 for fiscal year 2006.
  (B) The Attorney General shall reserve not less than 1 
percent and not more than 4.5 percent of the sums appropriated 
for this program in each fiscal year for research and 
evaluation of this program.
  (C) No funds made available to carry out part EE shall be 
expended if the Attorney General fails to submit the report 
required to be submitted under section 2401(c) of title II of 
Division B of the 21st Century Department of Justice 
Appropriations Authorization Act.
          (26) There are authorized to be appropriated to carry 
        out part CC $10,000,000 for each of fiscal years 2009 
        and 2010.
          (27) There are authorized to be appropriated to carry 
        out part LL $103,000,000 for each of fiscal years 2017 
        through 2021.
  (b) Funds appropriated for any fiscal year may remain 
available for obligation until expended.
  (c) Notwithstanding any other provision of law, no funds 
appropriated under this section for part E of this title may be 
transferred or reprogrammed for carrying out any activity which 
is not authorized under such part.

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