Fix Nics Act
Fix Nics Act
115TH CONGRESS
1ST SESSION
S. 2135
To enforce current law regarding the National Instant Criminal Background
Check System.
A BILL
To enforce current law regarding the National Instant
Criminal Background Check System.
7 AND AGENCIES.
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
2
1 (1) in subsection (e)(1), by adding at the end
2 the following:
3 ‘‘(F) SEMIANNUAL CERTIFICATION AND
4 REPORTING.—
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
3
1 ‘‘(II) not later than January 31
2 of each year, which shall address all
3 relevant records, including those that
4 have not been transmitted to the At-
5 torney General, in possession of the
6 department or agency during the pe-
7 riod beginning on July 1 of the pre-
8 vious year and ending on December
9 31 of the previous year.
10 ‘‘(iii) CONTENTS.—A certification re-
11 quired under clause (i) shall state, for the
12 applicable period—
13 ‘‘(I) the total number of records
14 of the Federal department or agency
15 demonstrating that a person falls
16 within one of the categories described
17 in subsection (g) or (n) of section 922
18 of title 18, United States Code;
19 ‘‘(II) for each category of records
20 described in subclause (I), the total
21 number of records of the Federal de-
22 partment or agency that have been
23 provided to the Attorney General; and
24 ‘‘(III) the efforts of the Federal
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
4
1 plete and accurate reporting of rel-
2 evant records, including efforts to
3 monitor compliance and correct any
4 reporting failures or inaccuracies.
5 ‘‘(G) IMPLEMENTATION PLAN.—
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
5
1 the Attorney General to assess implemen-
2 tation of the plan, including—
3 ‘‘(I) qualitative goals and quan-
4 titative measures;
5 ‘‘(II) measures to monitor inter-
6 nal compliance, including any report-
7 ing failures and inaccuracies;
8 ‘‘(III) a needs assessment, in-
9 cluding estimated compliance costs;
10 and
11 ‘‘(IV) an estimated date by which
12 the Federal department or agency will
13 fully comply with record submission
14 requirements under subparagraph (C).
15 ‘‘(iii) COMPLIANCE DETERMINA-
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
6
1 Committee on the Judiciary and the Committee
2 on Appropriations of the Senate and the Com-
3 mittee on the Judiciary and the Committee on
4 Appropriations of the House of Representatives
5 a semiannual report that discloses—
6 ‘‘(i) the name of each Federal depart-
7 ment or agency that has failed to submit
8 a required certification under subpara-
9 graph (F);
10 ‘‘(ii) the name of each Federal depart-
11 ment or agency that has submitted a re-
12 quired certification under subparagraph
13 (F), but failed to certify compliance with
14 the record submission requirements under
15 subparagraph (C);
16 ‘‘(iii) the name of each Federal de-
17 partment or agency that has failed to sub-
18 mit an implementation plan under sub-
19 paragraph (G);
20 ‘‘(iv) the name of each Federal de-
21 partment or agency that is not in substan-
22 tial compliance with an implementation
23 plan under subparagraph (G);
24 ‘‘(v) a detailed summary of the data,
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
7
1 contained in the certifications submitted
2 under subparagraph (F);
3 ‘‘(vi) a detailed summary of the con-
4 tents and status, broken down by depart-
5 ment or agency, of the implementation
6 plans established under subparagraph (G);
7 and
8 ‘‘(vii) the reasons for which the Attor-
9 ney General has determined that a Federal
10 department or agency is not in substantial
11 compliance with an implementation plan
12 established under subparagraph (G).
13 ‘‘(I) NONCOMPLIANCE PENALTIES.—For
25 paragraph (C); or
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
8
1 ‘‘(ii) achieves substantial compliance
2 with an implementation plan established
3 under subparagraph (G).
4 ‘‘(J) TECHNICAL ASSISTANCE.—The Attor-
5 ney General may use funds made available for
6 the national instant criminal background check
7 system established under subsection (b) to pro-
8 vide technical assistance to a Federal depart-
9 ment or agency, at the request of the depart-
10 ment or agency, in order to help the depart-
11 ment or agency comply with the record submis-
12 sion requirements under subparagraph (C).
13 ‘‘(K) APPLICATION TO FEDERAL
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
9
1 not later than 60 days after the date on which the
2 Attorney General receives such information, the At-
3 torney General shall determine whether or not the
4 prospective transferee is the subject of an erroneous
5 record and remove any records that are determined
6 to be erroneous. In addition to any funds made
7 available under subsection (k), the Attorney General
8 may use such sums as are necessary and otherwise
9 available for the salaries and expenses of the Federal
10 Bureau of Investigation to comply with this sub-
11 section.’’.
12 SEC. 3. REAUTHORIZATION OF NICS ACT RECORD IM-
13 PROVEMENT PROGRAM.
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
10
1 cent of the information described in subsection
2 (c)’’; and
3 (2) in subsection (b)(1)(B), by inserting ‘‘or
4 has established an implementation plan under sec-
5 tion 107’’ after ‘‘the Attorney General’’.
6 (b) IMPLEMENTATION ASSISTANCE TO STATES.—
7 Section 103 of the NICS Improvement Amendments Act
8 of 2007 (34 U.S.C. 40913) is amended—
9 (1) in subsection (b)(3), by inserting before the
10 semicolon at the end the following: ‘‘, including
11 through increased efforts to pre-validate the contents
12 of those records to expedite eligibility determina-
13 tions’’;
14 (2) in subsection (e)—
15 (A) in paragraph (1)—
16 (i) by striking ‘‘and’’; and
17 (ii) by inserting before the period at
18 the end the following: ‘‘, and $125,000,000
19 for each of fiscal years 2018 through
20 2022’’; and
21 (B) by striking paragraph (2) and insert-
22 ing the following—
23 ‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN-
24 TION INITIATIVE.—
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
11
1 ‘‘(A) ESTABLISHMENT.—For each of fiscal
2 years 2018 through 2022, the Attorney General
3 shall create a priority area under the NICS Act
4 Record Improvement Program (commonly
5 known as ‘NARIP’) for a Domestic Abuse and
6 Violence Prevention Initiative that emphasizes
7 the need for grantees to identify and upload all
8 felony conviction records and domestic violence
9 records.
10 ‘‘(B) FUNDING.—The Attorney General—
11 ‘‘(i) may use not more than 50 per-
12 cent of the amounts made available under
13 this subsection for each of fiscal years
14 2018 through 2022 to carry out the initia-
15 tive described in subparagraph (A); and
16 ‘‘(ii) shall give a funding preference
17 under NARIP to States that—
18 ‘‘(I) have established an imple-
19 mentation plan under section 107;
20 and
21 ‘‘(II) will use amounts made
22 available under this subparagraph to
23 improve efforts to identify and upload
24 all felony conviction records and do-
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
12
1 clauses (i), (v), and (vi) of section
2 102(b)(1)(C) by not later than Sep-
3 tember 30, 2022.’’; and
4 (3) by adding at the end the following:
5 ‘‘(g) TECHNICAL ASSISTANCE.—The Attorney Gen-
6 eral shall direct the Office of Justice Programs, the Bu-
7 reau of Alcohol, Tobacco, Firearms, and Explosives, and
8 the Federal Bureau of Investigation to—
9 ‘‘(1) assist States that are not currently eligible
10 for grants under this section to achieve compliance
11 with all eligibility requirements; and
12 ‘‘(2) provide technical assistance and training
13 services to grantees under this section.’’.
14 SEC. 4. REAUTHORIZATION OF THE NATIONAL CRIMINAL
25 the following:
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
13
1 ‘‘(C) identification of all individuals who
2 have been convicted of a crime punishable by
3 imprisonment for a term exceeding 1 year’’;
4 (2) in subsection (b)(6)—
5 (A) by striking ‘‘(18 U.S.C. 922 note)’’
6 and inserting ‘‘(34 U.S.C. 40901(b))’’; and
7 (B) by inserting before the semicolon at
8 the end the following: ‘‘, including through in-
9 creased efforts to pre-validate the contents of
10 felony conviction records and domestic violence
11 records to expedite eligibility determinations,
12 and measures and resources necessary to estab-
13 lish and achieve compliance with an implemen-
14 tation plan under section 107 of the NICS Im-
15 provement Amendments Act of 2007’’;
16 (3) in subsection (d), by inserting after ‘‘un-
17 less’’ the following: ‘‘the State has achieved compli-
18 ance with an implementation plan under section 107
19 of the NICS Improvement Amendments Act of 2007
20 or’’; and
21 (4) in subsection (e)(1), by striking ‘‘2002
22 through 2007’’ and inserting ‘‘2018 through 2022’’.
23 (b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL
24 RECORDS.—Section 106(b)(1) of the Brady Handgun Vio-
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
14
1 (1) in the matter preceding subparagraph (A)—
2 (A) by striking ‘‘as of the date of enact-
3 ment of this Act’’ and inserting ‘‘, as of the
4 date of enactment of the Fix NICS Act of
5 2017,’’; and
6 (B) by striking ‘‘files,’’ and inserting the
7 following: ‘‘files and that will utilize funding
8 under this subsection to prioritize the identifica-
9 tion and transmittal of felony conviction records
10 and domestic violence records,’’;
11 (2) in subparagraph (B), by striking ‘‘and’’ at
12 the end;
13 (3) in subparagraph (C)—
14 (A) by striking ‘‘upon establishment of the
15 national system,’’; and
16 (B) by striking the period at the end and
17 inserting ‘‘; and’’; and
18 (4) by adding at the end the following—
19 ‘‘(D) to establish and achieve compliance
20 with an implementation plan under section 107
21 of the NICS Improvement Amendments Act of
22 2007.’’.
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
15
1 SEC. 5. IMPROVING INFORMATION SHARING WITH THE
2 STATES.
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
16
1 ‘‘(2) a needs assessment, including estimated
2 compliance costs.
3 ‘‘(c) COMPLIANCE DETERMINATION.—Not later than
4 the end of each fiscal year beginning after the date of the
5 establishment of an implementation plan under this sec-
6 tion, the Attorney General shall determine whether each
7 State or Indian tribal government has achieved substantial
8 compliance with the benchmarks included in the plan.
9 ‘‘(d) ACCOUNTABILITY.—The Attorney General—
10 ‘‘(1) shall disclose and publish, including on the
11 website of the Department of Justice—
12 ‘‘(A) the name of each State or Indian
13 tribal government that received a determination
14 of failure to achieve substantial compliance with
15 an implementation plan under subsection (c) for
16 the preceding fiscal year; and
17 ‘‘(B) a description of the reasons for which
18 the Attorney General has determined that the
19 State or Indian tribal government is not in sub-
20 stantial compliance with the implementation
21 plan, including, to the greatest extent possible,
22 a description of the types and amounts of
23 records that have not been submitted; and
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2135.IS S2135
17
1 ‘‘(2) if a State or Indian tribal government de-
2 scribed in paragraph (1) subsequently receives a de-
3 termination of substantial compliance, shall—
4 ‘‘(A) immediately correct the applicable
5 record; and
6 ‘‘(B) not later than 3 days after the deter-
7 mination, remove the record from the website of
8 the Department of Justice and any other loca-
9 tion where the record was published.
10 ‘‘(e) INCENTIVES.—For each of fiscal years 2018
11 through 2022, the Attorney General shall give affirmative
12 preference to all Bureau of Justice Assistance discre-
13 tionary grant applications of a State or Indian tribal gov-
14 ernment that received a determination of substantial com-
15 pliance under subsection (c) for the fiscal year in which
16 the grant was solicited.’’.
17 (b) TABLE OF CONTENTS.—The table of contents in
18 section 1(b) of the NICS Improvement Amendments Act
19 of 2007 (Public Law 110–180; 121 Stat. 2559) is amend-
20 ed by inserting after the item relating to section 106 the
21 following:
‘‘Sec. 107. Implementation plan.’’.
Æ
daltland on DSK30NT082PROD with BILLS
•S 2135 IS
VerDate Sep 11 2014 22:28 Nov 20, 2017 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6301 E:\BILLS\S2135.IS S2135