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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4240

  To protect Second Amendment rights, ensure that all individuals who 
 should be prohibited from buying a firearm are listed in the National 
Instant Criminal Background Check System, and provide a responsible and 
                  consistent background check process.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2017

   Mr. Thompson of California (for himself and Mr. King of New York) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To protect Second Amendment rights, ensure that all individuals who 
 should be prohibited from buying a firearm are listed in the National 
Instant Criminal Background Check System, and provide a responsible and 
                  consistent background check process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public Safety and 
Second Amendment Rights Protection Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Rule of construction.
Sec. 4. Severability.
 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

Sec. 101. Reauthorization of the National Criminal History Records 
                            Improvement Program.
Sec. 102. Improvement of metrics and incentives.
Sec. 103. Grants to States for improvement of coordination and 
                            automation of NICS record reporting.
Sec. 104. Relief from disabilities program.
Sec. 105. Clarification that Federal court information is to be made 
                            available to the National Instant Criminal 
                            Background Check System.
Sec. 106. Codification of HIPAA authority for covered entities to 
                            submit mental health records to the 
                            National Instant Criminal Background Check 
                            System.
Sec. 107. Publication of NICS index statistics.
Sec. 108. Effective date.
   TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK 
                                PROCESS

Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Penalties.
Sec. 204. Rule of construction.
Sec. 205. Effective date.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress supports, respects, and defends the 
        fundamental, individual right to keep and bear arms guaranteed 
        by the Second Amendment to the Constitution of the United 
        States.
            (2) Congress supports and reaffirms the existing 
        prohibition on a national firearms registry.
            (3) Congress believes the Department of Justice should 
        prosecute violations of background check requirements to the 
        maximum extent of the law.
            (4) There are deficits in the background check system in 
        existence prior to the date of enactment of this Act and the 
        Department of Justice should make it a top priority to work 
        with States to swiftly input missing records, including mental 
        health records.
            (5) Congress and the citizens of the United States agree 
        that in order to promote safe and responsible gun ownership, 
        dangerous criminals and the seriously mentally ill should be 
        prohibited from possessing firearms; therefore, it should be 
        incumbent upon all citizens to ensure weapons are not being 
        transferred to such people.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or any amendment made by this Act, shall be 
construed to--
            (1) expand in any way the enforcement authority or 
        jurisdiction of the Bureau of Alcohol, Tobacco, Firearms and 
        Explosives; or
            (2) allow the establishment, directly or indirectly, of a 
        Federal firearms registry.

SEC. 4. SEVERABILITY.

    If any provision of this Act or an amendment made by this Act, or 
the application of a provision or amendment to any person or 
circumstance, is held to be invalid for any reason in any court of 
competent jurisdiction, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and amendment to any 
other person or circumstance, shall not be affected.

 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS 
              IMPROVEMENT PROGRAM.

    Section 106(b) of Public Law 103-159 (34 U.S.C. 40302(b)) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``of this Act'' and inserting ``of the Public 
        Safety and Second Amendment Rights Protection Act of 2017''; 
        and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated for grants under this subsection 
        $100,000,000 for each of fiscal years 2018 through 2021.''.

SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

    Section 102(b) of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40916) is amended to read as follows:
    ``(b) Implementation Plan.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Public Safety and Second Amendment Rights 
        Protection Act of 2017, the Attorney General, in coordination 
        with the States, shall establish, for each State or Indian 
        tribal government applying for a grant under section 103, a 4-
        year implementation plan to ensure maximum coordination and 
        automation of the reporting of records or making of records 
        available to the National Instant Criminal Background Check 
        System.
            ``(2) Benchmark requirements.--Each 4-year plan established 
        under paragraph (1) shall include annual benchmarks, including 
        both qualitative goals and quantitative measures, to enable the 
        Attorney General to assess implementation of the 4-year plan.
            ``(3) Penalties for non-compliance.--
                    ``(A) In general.--During the 4-year period covered 
                by a 4-year plan established under paragraph (1), the 
                Attorney General shall withhold--
                            ``(i) 10 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the first year in the 
                        4-year period;
                            ``(ii) 11 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the second year in the 
                        4-year period;
                            ``(iii) 13 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the third year in the 
                        4-year period; and
                            ``(iv) 15 percent of the amount that would 
                        otherwise be allocated to a State under section 
                        505 of the Omnibus Crime Control and Safe 
                        Streets Act of 1968 (42 U.S.C. 3755) if the 
                        State does not meet the benchmark established 
                        under paragraph (2) for the fourth year in the 
                        4-year period.
                    ``(B) Failure to establish a plan.--A State that 
                fails to establish a plan under paragraph (1) shall be 
                treated as having not met any benchmark established 
                under paragraph (2).''.

SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND 
              AUTOMATION OF NICS RECORD REPORTING.

    (a) In General.--The NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40902 et seq.) is amended--
            (1) by striking section 103 and inserting the following:

``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND 
              AUTOMATION OF NICS RECORD REPORTING.

    ``(a) Authorization.--From amounts made available to carry out this 
section, the Attorney General shall make grants to States, Indian 
Tribal governments, and State court systems, in a manner consistent 
with the National Criminal History Improvement Program and consistent 
with State plans for integration, automation, and accessibility of 
criminal history records, for use by the State, or units of local 
government of the State, Indian Tribal government, or State court 
system to improve the automation and transmittal of mental health 
records and criminal history dispositions, records relevant to 
determining whether a person has been convicted of a misdemeanor crime 
of domestic violence, court orders, and mental health adjudications or 
commitments to Federal and State record repositories in accordance with 
section 102 and the National Criminal History Improvement Program.
    ``(b) Use of Grant Amounts.--Grants awarded to States, Indian 
Tribal governments, or State court systems under this section may only 
be used to--
            ``(1) carry out, as necessary, assessments of the 
        capabilities of the courts of the State or Indian Tribal 
        government for the automation and transmission of arrest and 
        conviction records, court orders, and mental health 
        adjudications or commitments to Federal and State record 
        repositories;
            ``(2) implement policies, systems, and procedures for the 
        automation and transmission of arrest and conviction records, 
        court orders, and mental health adjudications or commitments to 
        Federal and State record repositories;
            ``(3) create electronic systems that provide accurate and 
        up-to-date information which is directly related to checks 
        under the National Instant Criminal Background Check System, 
        including court disposition and corrections records;
            ``(4) assist States or Indian Tribal governments in 
        establishing or enhancing their own capacities to perform 
        background checks using the National Instant Criminal 
        Background Check System; and
            ``(5) develop and maintain the relief from disabilities 
        program in accordance with section 105.
    ``(c) Eligibility.--
            ``(1) In general.--To be eligible for a grant under this 
        section, a State, Indian Tribal government, or State court 
        system shall certify, to the satisfaction of the Attorney 
        General, that the State, Indian Tribal government, or State 
        court system--
                    ``(A) is not prohibited by State law or court order 
                from submitting mental health records to the National 
                Instant Criminal Background Check System; and
                    ``(B) subject to paragraph (2), has implemented a 
                relief from disabilities program in accordance with 
                section 105.
            ``(2) Relief from disabilities program.--For purposes of 
        obtaining a grant under this section, a State, Indian Tribal 
        government, or State court system shall not be required to meet 
        the eligibility requirement described in paragraph (1)(B) until 
        the date that is 2 years after the date of enactment of the 
        Public Safety and Second Amendment Rights Protection Act of 
        2017.
    ``(d) Federal Share.--
            ``(1) Studies, assessments, non-material activities.--The 
        Federal share of a study, assessment, creation of a task force, 
        or other non-material activity, as determined by the Attorney 
        General, carried out with a grant under this section shall be 
        not more than 25 percent.
            ``(2) Infrastructure or system development.--The Federal 
        share of an activity involving infrastructure or system 
        development, including labor-related costs, for the purpose of 
        improving State or Indian Tribal government record reporting to 
        the National Instant Criminal Background Check System carried 
        out with a grant under this section may amount to 100 percent 
        of the cost of the activity.
    ``(e) Grants to Indian Tribes.--Up to 5 percent of the grant 
funding available under this section may be reserved for Indian tribal 
governments for use by Indian tribal judicial systems.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2016 through 2019.'';
            (2) by striking title III; and
            (3) in section 401(b), by inserting after ``of this Act'' 
        the following: ``and 18 months after the date of enactment of 
        the Public Safety and Second Amendment Rights Protection Act of 
        2017''.
    (b) Technical and Conforming Amendment.--The table of sections in 
section 1(b) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 
10101 note) is amended by striking the item relating to section 103 and 
inserting the following:

``Sec. 103. Grants to States for improvement of coordination and 
                            automation of NICS record reporting.''.

SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

    Section 105 of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40915) is amended by adding at the end the following:
    ``(c) Penalties for Non-Compliance.--
            ``(1) 10 percent reduction.--During the 1-year period 
        beginning 2 years after the date of enactment of the Public 
        Safety and Second Amendment Rights Protection Act of 2017, the 
        Attorney General shall withhold 10 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 if the 
        State has not implemented a relief from disabilities program in 
        accordance with this section.
            ``(2) 11 percent reduction.--During the 1-year period after 
        the expiration of the period described in paragraph (1), the 
        Attorney General shall withhold 11 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 if the 
        State has not implemented a relief from disabilities program in 
        accordance with this section.
            ``(3) 13 percent reduction.--During the 1-year period after 
        the expiration of the period described in paragraph (2), the 
        Attorney General shall withhold 13 percent of the amount that 
        would otherwise be allocated to a State under section 505 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 if the 
        State has not implemented a relief from disabilities program in 
        accordance with this section.
            ``(4) 15 percent reduction.--After the expiration of the 1-
        year period described in paragraph (3), the Attorney General 
        shall withhold 15 percent of the amount that would otherwise be 
        allocated to a State under section 505 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 if the State has not 
        implemented a relief from disabilities program in accordance 
        with this section.
            ``(5) Reallocation.--Amounts not allocated under section 
        505 of the Omnibus Crime Control and Safe Streets Act of 1968 
        to a State for failure to implement a relief from disabilities 
        program shall be reallocated to States that are in 
        compliance.''.

SEC. 105. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    Section 103(e)(1) of Public Law 103-159 (34 U.S.C. 40901(e)(1)) is 
amended by adding at the end the following:
                    ``(F) Application to federal courts.--In this 
                subsection--
                            ``(i) the terms `department or agency of 
                        the United States' and `Federal department or 
                        agency' include a Federal court; and
                            ``(ii) for purposes of any request, 
                        submission, or notification, the Director of 
                        the Administrative Office of the United States 
                        Courts shall perform the functions of the head 
                        of the department or agency.''.

SEC. 106. CODIFICATION OF HIPAA AUTHORITY FOR COVERED ENTITIES TO 
              SUBMIT MENTAL HEALTH RECORDS TO THE NATIONAL INSTANT 
              CRIMINAL BACKGROUND CHECK SYSTEM.

    A covered entity (as defined in section 160.103 of title 45, Code 
of Federal Regulations, or any successor regulation) may use or 
disclose protected health information (as defined in such section) for 
purposes of reporting to the National Instant Criminal Background Check 
System the identity of an individual who is prohibited from possessing 
a firearm under section 922(g)(4) of title 18, United States Code, 
provided the covered entity--
            (1) is a State agency or other entity that is, or contains 
        an entity that is--
                    (A) an entity designated by the State to report, or 
                which collects information for purposes of reporting, 
                on behalf of the State, to the National Instant 
                Criminal Background Check System; or
                    (B) a court, board, commission, or other lawful 
                authority that makes the commitment or adjudication 
                that causes an individual to become subject to such 
                section 922(g)(4);
            (2) discloses the information only to--
                    (A) the National Instant Criminal Background Check 
                System; or
                    (B) an entity designated by the State to report, or 
                which collects information for purposes of reporting, 
                on behalf of the State, to the National Instant 
                Criminal Background Check System; and
            (3)(A) discloses only the limited demographic and certain 
        other information needed for purposes of reporting to the 
        National Instant Criminal Background Check System; and
            (B) does not disclose diagnostic or clinical information 
        for such purposes.

SEC. 107. PUBLICATION OF NICS INDEX STATISTICS.

    Not later than 180 days after the date of enactment of this Act, 
and biannually thereafter, the Attorney General shall make the National 
Instant Criminal Background Check System index statistics available on 
a publically accessible Internet website.

SEC. 108. EFFECTIVE DATE.

    The amendments made by this title shall take effect 180 days after 
the date of enactment of this Act.

   TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK 
                                PROCESS

SEC. 201. PURPOSE.

    The purpose of this title is to enhance the current background 
check process in the United States to ensure criminals and the mentally 
ill are not able to purchase firearms.

SEC. 202. FIREARMS TRANSFERS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by repealing subsection (s);
            (2) by redesignating subsection (t) as subsection (s);
            (3) in subsection (s), as redesignated--
                    (A) in paragraph (3)(C)(ii), by striking ``(as 
                defined in subsection (s)(8))''; and
                    (B) by adding at the end the following:
            ``(7) In this subsection--
                    ``(A) the term `chief law enforcement officer' 
                means the chief of police, the sheriff, or an 
                equivalent officer or the designee of any such 
                individual; and
                    ``(B) the term `gun show or event' has the meaning 
                given the term in subsection (t)(4).''; and
            (4) by inserting after subsection (s), as redesignated, the 
        following:
    ``(t)(1) Beginning on the date that is 180 days after the date of 
enactment of this subsection and except as provided in paragraph (2), 
it shall be unlawful for any person other than a licensed dealer, 
licensed manufacturer, or licensed importer to complete the transfer of 
a firearm to any other person who is not licensed under this chapter, 
if such transfer occurs--
            ``(A) at a gun show or event, on the curtilage thereof; or
            ``(B) pursuant to an advertisement, posting, display or 
        other listing on the Internet or in a publication by the 
        transferor of his intent to transfer, or the transferee of his 
        intent to acquire, the firearm.
    ``(2) Paragraph (1) shall not apply if--
            ``(A) the transfer is made after a licensed importer, 
        licensed manufacturer, or licensed dealer has first taken 
        possession of the firearm for the purpose of complying with 
        subsection (s), and upon taking possession of the firearm, the 
        licensee complies with all requirements of this chapter as if 
        the licensee were transferring the firearm from the licensee's 
        business inventory to the unlicensed transferee, except that 
        when processing a transfer under this chapter the licensee may 
        accept in lieu of conducting a background check a valid permit 
        issued within the previous 5 years by a State, or a political 
        subdivision of a State, that allows the transferee to possess, 
        acquire, or carry a firearm, if the law of the State, or 
        political subdivision of a State, that issued the permit 
        requires that such permit is issued only after an authorized 
        government official has verified that the information available 
        to such official does not indicate that possession of a firearm 
        by the unlicensed transferee would be in violation of Federal, 
        State, or local law;
            ``(B) the transfer is made between an unlicensed transferor 
        and an unlicensed transferee residing in the same State, which 
        takes place in such State, if--
                    ``(i) the Attorney General certifies that State in 
                which the transfer takes place has in effect 
                requirements under law that are generally equivalent to 
                the requirements of this section; and
                    ``(ii) the transfer was conducted in compliance 
                with the laws of the State;
            ``(C) the transfer is made between spouses, between parents 
        or spouses of parents and their children or spouses of their 
        children, between siblings or spouses of siblings, or between 
        grandparents or spouses of grandparents and their grandchildren 
        or spouses of their grandchildren, or between aunts or uncles 
        or their spouses and their nieces or nephews or their spouses, 
        or between first cousins, if the transferor does not know or 
        have reasonable cause to believe that the transferee is 
        prohibited from receiving or possessing a firearm under 
        Federal, State, or local law; or
            ``(D) the Attorney General has approved the transfer under 
        section 5812 of the Internal Revenue Code of 1986.
    ``(3)(A) Notwithstanding any other provision of this chapter, 
except for section 923(m), the Attorney General may implement this 
subsection with regulations.
    ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (2)(A).
    ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks or firearms transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision placing a cap on the fee licensees may charge to 
facilitate transfers in accordance with paragraph (2)(A).
    ``(4) For purposes of this subsection, the term `gun show or 
event'--
            ``(A) means any event at which 75 or more firearms are 
        offered or exhibited for sale, exchange, or transfer, if 1 or 
        more of the firearms has been shipped or transported in, or 
        otherwise affects, interstate or foreign commerce; and
            ``(B) does not include an offer or exhibit of firearms for 
        sale, exchange, or transfer by an individual from the personal 
        collection of that individual, at the private residence of that 
        individual, if the individual is not required to be licensed 
        under section 923.''.
    (b) Prohibition of National Gun Registry.--Section 923 of such 
title is amended by adding at the end the following:
    ``(m) The Attorney General may not consolidate or centralize the 
records of the--
            ``(1) acquisition or disposition of firearms, or any 
        portion thereof, maintained by--
                    ``(A) a person with a valid, current license under 
                this chapter; or
                    ``(B) an unlicensed transferor under section 
                922(t); or
            ``(2) possession or ownership of a firearm, maintained by 
        any medical or health insurance entity.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 922.--Section 922(y)(2) of title 18, United 
        States Code, is amended, in the matter preceding subparagraph 
        (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
        inserting ``and (g)(5)(B)''.
            (2) Consolidated and further continuing appropriations act, 
        2012.--Section 511 of title V of division B of the Consolidated 
        and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 
        note) is amended by striking ``subsection 922(t)'' each place 
        it appears and inserting ``subsection (s) or (t) of section 
        922''.

SEC. 203. PENALTIES.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(8) Whoever makes or attempts to make a transfer of a firearm in 
violation of section 922(t) to a person not licensed under this chapter 
who is prohibited from receiving a firearm under subsection (g) or (n) 
of section 922 or State law, to a law enforcement officer, or to a 
person acting at the direction of, or with the approval of, a law 
enforcement officer authorized to investigate or prosecute violations 
of section 922(t), shall be fined under this title, imprisoned not more 
than 5 years, or both.''; and
            (2) by adding at the end the following:
    ``(q) Improper Use of Storage of Records.--Any person who knowingly 
violates section 923(m) shall be fined under this title, imprisoned not 
more than 15 years, or both.''.

SEC. 204. RULE OF CONSTRUCTION.

    Nothing in this title, or an amendment made by this title, shall be 
construed--
            (1) to extend background check requirements to transfers 
        other than those made at gun shows or on the curtilage thereof, 
        or pursuant to an advertisement, posting, display, or other 
        listing on the Internet or in a publication by the transferor 
        of the intent of the transferor to transfer, or the transferee 
        of the intent of the transferee to acquire, the firearm; or
            (2) to extend background check requirements to temporary 
        transfers for purposes including lawful hunting or sporting or 
        to temporary possession of a firearm for purposes of 
        examination or evaluation by a prospective transferee.

SEC. 205. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of enactment of this Act.
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