IB 

Union Calendar No. 322 

115TH CONGRESS 

1ST SESSION H. R. 4477 

[Report No. 115–437] 

To enforce current law regarding the National Instant Criminal Background 

Check System. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2017 

Mr. CULBERSON (for himself, Mr. CUELLAR, Ms. ESTY of Connecticut, Mr. 

AGUILAR, Mr. COSTELLO of Pennsylvania, Ms. SPEIER, Mr. RICHMOND, 

Mr. MCCAUL, Mrs. COMSTOCK, and Ms. TITUS) introduced the following 

bill; which was referred to the Committee on the Judiciary 

DECEMBER 5, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 29, 2017] 


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A BILL 

To enforce current law regarding the National Instant 

Criminal Background Check System. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fix NICS Act of 2017’’. 

5 SEC. 2. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS 

6 AND AGENCIES. 

7 Section 103 of the Brady Handgun Violence Preven8 tion Act (34 U.S.C. 40901) is amended— 

9 (1) in subsection (e)(1), by adding at the end the 

10 following: 

11 ‘‘(F) SEMIANNUAL CERTIFICATION AND RE12 PORTING.— 

13 ‘‘(i) IN GENERAL.—The head of each 

14 Federal department or agency shall submit 

15 a semiannual written certification to the 

16 Attorney General indicating whether the de17 partment or agency is in compliance with 

18 the record submission requirements under 

19 subparagraph (C). 

20 ‘‘(ii) SUBMISSION DATES.—The head of 

21 a Federal department or agency shall sub22 mit a certification to the Attorney General 

23 under clause (i)— 

24 ‘‘(I) not later than July 31 of 

25 each year, which shall address all relVerDate Sep 11 2014 20:36 Dec 05, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4477.RH H4477

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1 evant records, including those that 

2 have not been transmitted to the Attor3 ney General, in possession of the de4 partment or agency during the period 

5 beginning on January 1 of the year 

6 and ending on June 30 of the year; 

7 and 

8 ‘‘(II) not later than January 31 

9 of each year, which shall address all 

10 relevant records, including those that 

11 have not been transmitted to the Attor12 ney General, in possession of the de13 partment or agency during the period 

14 beginning on July 1 of the previous 

15 year and ending on December 31 of the 

16 previous year. 

17 ‘‘(iii) CONTENTS.—A certification re18 quired under clause (i) shall state, for the 

19 applicable period— 

20 ‘‘(I) the total number of records of 

21 the Federal department or agency dem22 onstrating that a person falls within 

23 one of the categories described in sub24 section (g) or (n) of section 922 of title 

25 18, United States Code; 


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1 ‘‘(II) for each category of records 

2 described in subclause (I), the total 

3 number of records of the Federal de4 partment or agency that have been 

5 provided to the Attorney General; and 

6 ‘‘(III) the efforts of the Federal de7 partment or agency to ensure complete 

8 and accurate reporting of relevant 

9 records, including efforts to monitor 

10 compliance and correct any reporting 

11 failures or inaccuracies. 

12 ‘‘(G) IMPLEMENTATION PLAN.— 

13 ‘‘(i) IN GENERAL.—Not later than 1 

14 year after the date of enactment of this sub15 paragraph, the head of each Federal depart16 ment or agency, in coordination with the 

17 Attorney General, shall establish a plan to 

18 ensure maximum coordination and auto19 mated reporting or making available of 

20 records to the Attorney General as required 

21 under subparagraph (C), and the 

22 verification of the accuracy of those records, 

23 including the pre-validation of those 

24 records, where appropriate, during a 4-year 

25 period specified in the plan. The head of 


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1 each Federal department or agency shall 

2 update the plan biennially, to the extent 

3 necessary, based on the most recent biennial 

4 assessment under subparagraph (K). The 

5 records shall be limited to those of an indi6 vidual described in subsection (g) or (n) of 

7 section 922 of title 18, United States Code. 

8 ‘‘(ii) BENCHMARK REQUIREMENTS.— 

9 Each plan established under clause (i) shall 

10 include annual benchmarks to enable the 

11 Attorney General to assess implementation 

12 of the plan, including— 

13 ‘‘(I) qualitative goals and quan14 titative measures; 

15 ‘‘(II) measures to monitor inter16 nal compliance, including any report17 ing failures and inaccuracies; 

18 ‘‘(III) a needs assessment, includ19 ing estimated compliance costs; and 

20 ‘‘(IV) an estimated date by which 

21 the Federal department or agency will 

22 fully comply with record submission 

23 requirements under subparagraph (C). 

24 ‘‘(iii) COMPLIANCE DETERMINATION.— 

25 Not later than the end of each fiscal year 


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1 beginning after the date of the establishment 

2 of a plan under clause (i), the Attorney 

3 General shall determine whether the appli4 cable Federal department or agency has 

5 achieved substantial compliance with the 

6 benchmarks included in the plan. 

7 ‘‘(H) ACCOUNTABILITY.—The Attorney Gen8 eral shall publish, including on the website of the 

9 Department of Justice, and submit to the Com10 mittee on the Judiciary and the Committee on 

11 Appropriations of the Senate and the Committee 

12 on the Judiciary and the Committee on Appro13 priations of the House of Representatives a semi14 annual report that discloses— 

15 ‘‘(i) the name of each Federal depart16 ment or agency that has failed to submit a 

17 required certification under subparagraph 

18 (F); 

19 ‘‘(ii) the name of each Federal depart20 ment or agency that has submitted a re21 quired certification under subparagraph 

22 (F), but failed to certify compliance with 

23 the record submission requirements under 

24 subparagraph (C); 


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1 ‘‘(iii) the name of each Federal depart2 ment or agency that has failed to submit an 

3 implementation plan under subparagraph 

4 (G); 

5 ‘‘(iv) the name of each Federal depart6 ment or agency that is not in substantial 

7 compliance with an implementation plan 

8 under subparagraph (G); 

9 ‘‘(v) a detailed summary of the data, 

10 broken down by department or agency, con11 tained in the certifications submitted under 

12 subparagraph (F); 

13 ‘‘(vi) a detailed summary of the con14 tents and status, broken down by depart15 ment or agency, of the implementation 

16 plans established under subparagraph (G); 

17 and 

18 ‘‘(vii) the reasons for which the Attor19 ney General has determined that a Federal 

20 department or agency is not in substantial 

21 compliance with an implementation plan 

22 established under subparagraph (G). 

23 ‘‘(I) NONCOMPLIANCE PENALTIES.—For 

24 each of fiscal years 2019 through 2022, each po25 litical appointee of a Federal department or 


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1 agency that has failed to certify compliance with 

2 the record submission requirements under sub3 paragraph (C), and is not in substantial compli4 ance with an implementation plan established 

5 under subparagraph (G), shall not be eligible for 

6 the receipt of bonus pay, excluding overtime pay, 

7 until the department or agency— 

8 ‘‘(i) certifies compliance with the 

9 record submission requirements under sub10 paragraph (C); or 

11 ‘‘(ii) achieves substantial compliance 

12 with an implementation plan established 

13 under subparagraph (G). 

14 ‘‘(J) TECHNICAL ASSISTANCE.—The Attor15 ney General may use funds made available for 

16 the national instant criminal background check 

17 system established under subsection (b) to pro18 vide technical assistance to a Federal department 

19 or agency, at the request of the department or 

20 agency, in order to help the department or agen21 cy comply with the record submission require22 ments under subparagraph (C). 

23 ‘‘(K) BIENNIAL ASSESSMENT.—Every 2 

24 years, the Attorney General shall assess the ex25 tent to which the actions taken under the Fix 


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1 NICS Act of 2017 have resulted in improvements 

2 in the system established under this section. 

3 ‘‘(L) APPLICATION TO FEDERAL COURTS.— 

4 For purposes of this paragraph— 

5 ‘‘(i) the terms ‘department or agency of 

6 the United States’ and ‘Federal department 

7 or agency’ include a Federal court; and 

8 ‘‘(ii) the Director of the Administrative 

9 Office of the United States Courts shall per10 form, for a Federal court, the functions as11 signed to the head of a department or agen12 cy.’’; and 

13 (2) in subsection (g), by adding at the end the 

14 following: ‘‘For purposes of the preceding sentence, 

15 not later than 60 days after the date on which the At16 torney General receives such information, the Attor17 ney General shall determine whether or not the pro18 spective transferee is the subject of an erroneous 

19 record and remove any records that are determined to 

20 be erroneous. In addition to any funds made avail21 able under subsection (k), the Attorney General may 

22 use such sums as are necessary and otherwise avail23 able for the salaries and expenses of the Federal Bu24 reau of Investigation to comply with this subsection.’’. 


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1 SEC. 3. NICS ACT RECORD IMPROVEMENT PROGRAM. 

2 (a) REQUIREMENTS TO OBTAIN WAIVER.—Section 102 

3 of the NICS Improvement Amendments Act of 2007(34 

4 U.S.C. 40912) is amended— 

5 (1) in subsection (a), in the first sentence— 

6 (A) by striking ‘‘the Crime Identification 

7 Technology Act of 1988 (42 U.S.C. 14601)’’ and 

8 inserting ‘‘section 102 of the Crime Identifica9 tion Technology Act of 1998 (34 U.S.C. 40301)’’; 

10 and 

11 (B) by inserting ‘‘is in compliance with an 

12 implementation plan established under sub13 section (b) or’’ before ‘‘provides at least 90 per14 cent of the information described in subsection 

15 (c)’’; and 

16 (2) in subsection (b)(1)(B), by inserting ‘‘or has 

17 established an implementation plan under section 

18 107’’ after ‘‘the Attorney General’’. 

19 (b) IMPLEMENTATION ASSISTANCE TO STATES.—Sec20 tion 103 of the NICS Improvement Amendments Act of 

21 2007 (34 U.S.C. 40913) is amended— 

22 (1) in subsection (b)(3), by inserting before the 

23 semicolon at the end the following: ‘‘, including 

24 through increased efforts to pre-validate the contents 

25 of those records to expedite eligibility determina26 tions’’; 


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1 (2) in subsection (e), by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN4 TION INITIATIVE.— 

5 ‘‘(A) ESTABLISHMENT.—For each of fiscal 

6 years 2018 through 2022, the Attorney General 

7 shall create a priority area under the NICS Act 

8 Record Improvement Program (commonly known 

9 as ‘NARIP’) for a Domestic Abuse and Violence 

10 Prevention Initiative that emphasizes the need 

11 for grantees to identify and upload all felony 

12 conviction records and domestic violence records. 

13 ‘‘(B) FUNDING.—The Attorney General— 

14 ‘‘(i) may use not more than 50 percent 

15 of the amounts made available under sec16 tion 7 of the Fix NICS Act for each of fiscal 

17 years 2018 through 2022 to carry out the 

18 initiative described in subparagraph (A); 

19 and 

20 ‘‘(ii) shall give a funding preference 

21 under NARIP to States that— 

22 ‘‘(I) have established an imple23 mentation plan under section 107; and 

24 ‘‘(II) will use amounts made 

25 available under this subparagraph to 


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1 improve efforts to identify and upload 

2 all felony conviction records and do3 mestic violence records described in 

4 clauses (i), (v), and (vi) of section 

5 102(b)(1)(C) by not later than Sep6 tember 30, 2022.’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(g) TECHNICAL ASSISTANCE.—The Attorney General 

9 shall direct the Office of Justice Programs, the Bureau of 

10 Alcohol, Tobacco, Firearms, and Explosives, and the Fed11 eral Bureau of Investigation to— 

12 ‘‘(1) assist States that are not currently eligible 

13 for grants under this section to achieve compliance 

14 with all eligibility requirements; and 

15 ‘‘(2) provide technical assistance and training 

16 services to grantees under this section.’’. 

17 SEC. 4. NATIONAL CRIMINAL HISTORY IMPROVEMENT PRO18 GRAM. 

19 (a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE

20 IDENTIFICATION, INFORMATION, AND COMMUNICATION.— 

21 Section 102 of the Crime Identification Technology Act of 

22 1998 (34 U.S.C. 40301) is amended— 

23 (1) in subsection (a)(3)— 


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1 (A) by redesignating subparagraphs (C), 

2 (D), and (E) as subparagraphs (D), (E), and 

3 (F), respectively; and 

4 (B) by inserting after subparagraph (B) the 

5 following: 

6 ‘‘(C) identification of all individuals who 

7 have been convicted of a crime punishable by im8 prisonment for a term exceeding 1 year’’; 

9 (2) in subsection (b)(6)— 

10 (A) by striking ‘‘(18 U.S.C. 922 note)’’ and 

11 inserting ‘‘(34 U.S.C. 40901(b))’’; and 

12 (B) by inserting before the semicolon at the 

13 end the following: ‘‘, including through increased 

14 efforts to pre-validate the contents of felony con15 viction records and domestic violence records to 

16 expedite eligibility determinations, and measures 

17 and resources necessary to establish and achieve 

18 compliance with an implementation plan under 

19 section 107 of the NICS Improvement Amend20 ments Act of 2007’’; and 

21 (3) in subsection (d), by inserting after ‘‘unless’’ 

22 the following: ‘‘the State has achieved compliance 

23 with an implementation plan under section 107 of the 

24 NICS Improvement Amendments Act of 2007 or’’. 


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1 (b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL

2 RECORDS.—Section 106(b)(1) of the Brady Handgun Vio3 lence Prevention Act (34 U.S.C. 40302(1)) is amended— 

4 (1) in the matter preceding subparagraph (A)— 

5 (A) by striking ‘‘as of the date of enactment 

6 of this Act’’ and inserting ‘‘, as of the date of en7 actment of the Fix NICS Act of 2017,’’; and 

8 (B) by striking ‘‘files,’’ and inserting the 

9 following: ‘‘files and that will utilize funding 

10 under this subsection to prioritize the identifica11 tion and transmittal of felony conviction records 

12 and domestic violence records,’’; 

13 (2) in subparagraph (B), by striking ‘‘and’’ at 

14 the end; 

15 (3) in subparagraph (C)— 

16 (A) by striking ‘‘upon establishment of the 

17 national system,’’; and 

18 (B) by striking the period at the end and 

19 inserting ‘‘; and’’; and 

20 (4) by adding at the end the following— 

21 ‘‘(D) to establish and achieve compliance 

22 with an implementation plan under section 107 

23 of the NICS Improvement Amendments Act of 

24 2007.’’. 


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1 SEC. 5. IMPROVING INFORMATION SHARING WITH THE 

2 STATES. 

3 (a) IN GENERAL.—Title I of the NICS Improvement 

4 Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 107. IMPLEMENTATION PLAN. 

7 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of the Fix NICS Act of 2017, the Attorney 

9 General, in coordination with the States and Indian tribal 

10 governments, shall establish, for each State or Indian tribal 

11 government, a plan to ensure maximum coordination and 

12 automation of the reporting or making available of appro13 priate records to the National Instant Criminal Back14 ground Check System established under section 103 of the 

15 Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 

16 and the verification of the accuracy of those records during 

17 a 4-year period specified in the plan, and shall update the 

18 plan biennially, to the extent necessary, based on the most 

19 recent biennial assessment under subsection (f). The records 

20 shall be limited to those of an individual described in sub21 section (g) or (n) of section 922 of title 18, United States 

22 Code 

23 ‘‘(b) BENCHMARK REQUIREMENTS.—Each plan estab24 lished under this section shall include annual benchmarks 

25 to enable the Attorney General to assess the implementation 

26 of the plan, including— 


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1 ‘‘(1) qualitative goals and quantitative measures; 

2 and 

3 ‘‘(2) a needs assessment, including estimated 

4 compliance costs. 

5 ‘‘(c) COMPLIANCE DETERMINATION.—Not later than 

6 the end of each fiscal year beginning after the date of the 

7 establishment of an implementation plan under this section, 

8 the Attorney General shall determine whether each State or 

9 Indian tribal government has achieved substantial compli10 ance with the benchmarks included in the plan. 

11 ‘‘(d) ACCOUNTABILITY.—The Attorney General— 

12 ‘‘(1) shall disclose and publish, including on the 

13 website of the Department of Justice— 

14 ‘‘(A) the name of each State or Indian trib15 al government that received a determination of 

16 failure to achieve substantial compliance with an 

17 implementation plan under subsection (c) for the 

18 preceding fiscal year; and 

19 ‘‘(B) a description of the reasons for which 

20 the Attorney General has determined that the 

21 State or Indian tribal government is not in sub22 stantial compliance with the implementation 

23 plan, including, to the greatest extent possible, a 

24 description of the types and amounts of records 

25 that have not been submitted; and 


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1 ‘‘(2) if a State or Indian tribal government de2 scribed in paragraph (1) subsequently receives a de3 termination of substantial compliance, shall— 

4 ‘‘(A) immediately correct the applicable 

5 record; and 

6 ‘‘(B) not later than 3 days after the deter7 mination, remove the record from the website of 

8 the Department of Justice and any other loca9 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 discretionary 

13 grant applications of a State or Indian tribal government 

14 that received a determination of substantial compliance 

15 under subsection (c) for the fiscal year in which the grant 

16 was solicited. 

17 ‘‘(f) BIENNIAL ASSESSMENT.—Every 2 years, the At18 torney General shall assess the extent to which the actions 

19 taken under the Fix NICS Act of 2017 have resulted in im20 provements in the National Instant Criminal Background 

21 Check System established under section 103 of the Brady 

22 Handgun Violence Prevention Act (34 U.S.C. 40903). 


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1 ‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGEN2 CIES OF PROHIBITED PURCHASE OF A FIRE3 ARM. 

4 ‘‘(a) IN GENERAL.—In the case of a background check 

5 conducted by the National Instant Criminal Background 

6 Check System pursuant to the request of a licensed im7 porter, licensed manufacturer, or licensed dealer of firearms 

8 (as such terms are defined in section 921 of title 18, United 

9 States Code), which background check determines that the 

10 receipt of a firearm by a person would violate subsection 

11 (g) or (n) of section 922 of title 18, United States Code, 

12 and such determination is made after 3 business days have 

13 elapsed since the licensee contacted the System and a fire14 arm has been transferred to that person, the System shall 

15 notify the law enforcement agencies described in subsection 

16 (b). 

17 ‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.— 

18 The law enforcement agencies described in this subsection 

19 are the law enforcement agencies that have jurisdiction over 

20 the location from which the licensee contacted the system 

21 and the law enforcement agencies that have jurisdiction 

22 over the location of the residence of the person for which 

23 the background check was conducted, as follows: 

24 ‘‘(1) The field office of the Federal Bureau of In25 vestigation. 

26 ‘‘(2) The local law enforcement agency. 


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1 ‘‘(3) The State law enforcement agency.’’. 

2 (b) TABLE OF CONTENTS.—The table of contents in 

3 section 1(b) of the NICS Improvement Amendments Act of 

4 2007 (Public Law 110–180; 121 Stat. 2559) is amended 

5 by inserting after the item relating to section 106 the fol6 lowing: 

‘‘Sec. 107. Implementation plan. 

‘‘Sec. 108. Notification to law enforcement agencies of prohibited purchase of a 

firearm.’’. 

7 SEC. 6. ATTORNEY GENERAL REPORT ON USE OF BUMP 

8 STOCKS IN CRIME. 

9 (a) IN GENERAL.—Using amounts made available for 

10 research, evaluation, or statistical purposes, within 180 

11 days after the date of the enactment of this Act, the Attorney 

12 General shall prepare and submit to the Committee on the 

13 Judiciary of the House of Representatives and the Com14 mittee on the Judiciary of the Senate a written report 

15 that— 

16 (1) specifies the number of instances in which a 

17 bump stock has been used in the commission of a 

18 crime in the United States; 

19 (2) specifies the types of firearms with which a 

20 bump stock has been so used; and 

21 (3) contains the opinion of the Attorney General 

22 as to whether subparagraphs (B)(i) and (C)(i) of sec23 tion 924(c)(1) of title 18, United States Code, apply 

24 to all instances in which a bump stock has been used 


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1 in the commission of a crime of violence in the 

2 United States. 

3 (b) DEFINITION OF BUMP STOCK.—In this section, the 

4 term ‘‘bump stock’’ means a device that— 

5 (1) attaches to a semiautomatic rifle (as defined 

6 in section 921(a)(28) of title 18, United States Code); 

7 (2) is designed and intended to repeatedly acti8 vate the trigger without the deliberate and volitional 

9 act of the user pulling the trigger each time the fire10 arm is fired; and 

11 (3) functions by continuous forward pressure ap12 plied to the rifle’s fore end in conjunction with a lin13 ear forward and backward sliding motion of the 

14 mechanism utilizing the recoil energy when the rifle 

15 is discharged. 

16 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated $100,000,000 for each of fiscal years 2018 through 

19 2022 to carry out, in accordance with the NICS Act Record 

20 Improvement Program and the National Criminal History 

21 Improvement Program, the activities under— 

22 (1) section 102 of the NICS Improvement 

23 Amendments Act of 2007; 

24 (2) section 103 of the NICS Improvement 

25 Amendments Act of 2007; 


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1 (3) section 102 of the Crime Identification Tech2 nology Act of 1998; and 

3 (4) section 106(b) of the Brady Handgun Vio4 lence Prevention Act. 

5 (b) ADDITIONAL AUTHORIZATIONS.—Section 1001(a) 

6 of the Omnibus Crime Control and Safe Streets Act of 1968 

7 (34 U.S.C. 10261(a)) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘$33,000,000’’ and inserting 

10 ‘‘$31,000,000’’; 

11 (B) by striking ‘‘1994 and 1995’’ and in12 serting ‘‘2018 through 2022’’; and 

13 (C) by inserting ‘‘, in addition to any 

14 amounts otherwise made available for research, 

15 evaluation or statistical purposes in a fiscal 

16 year’’ before the period; and 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘$33,000,000’’ and inserting 

19 ‘‘$27,000,000’’; 

20 (B) by striking ‘‘1994 and 1995’’ and in21 serting ‘‘2018 through 2022’’; and 

22 (C) by inserting ‘‘, in addition to any 

23 amounts otherwise made available for research, 

24 evaluation or statistical purposes in a fiscal 

25 year’’ before the period. 


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Union Calendar No. 322 

115TH CONGRESS 

1ST SESSION H. R. 4477 

[Report No. 115–437] 

A BILL 

To enforce current law regarding the National 

Instant Criminal Background Check System. 

DECEMBER 5, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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