I 

113TH CONGRESS 

1ST SESSION H. R. 329 

To amend the NICS Improvement Amendments Act of 2007 to encourage 

States to provide records to the National Instant Background Check System. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2013 

Mr. FITZPATRICK introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the NICS Improvement Amendments Act of 2007 

to encourage States to provide records to the National 

Instant Background Check System. 

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 ‘‘Strengthening Back5 ground Checks Act of 2013’’. 

6 SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA 

7 AVAILABLE TO THE NATIONAL INSTANT 

8 CRIMINAL BACKGROUND CHECK SYSTEM. 

9 (a) INCREASED MANDATORY PENALTIES.—Section 

10 104(b) of the NICS Improvement Amendments Act of 

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1 2007 (18 U.S.C. 922 note) is amended by striking para2 graph (3) and inserting after paragraph (2) the following 

3 new paragraphs: 

4 ‘‘(3) INCREASED MANDATORY REDUCTIONS.— 

5 Notwithstanding paragraphs (1) and (2), after the 

6 expiration of the period referred to in section 

7 107(b), the Attorney General shall withhold 10 per8 cent of the amount that would otherwise be allocated 

9 to a State under section 505 of title I of the Omni10 bus Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3755), if— 

12 ‘‘(A) the State fails to comply with section 

13 107; or 

14 ‘‘(B) the State provides less than 90 per15 cent of the records required to be provided 

16 under sections 102 and 103. 

17 ‘‘(4) WAIVERS BY ATTORNEY GENERAL.—The 

18 Attorney General may— 

19 ‘‘(A) waive the applicability of paragraph 

20 (2) to a State if the State provides substantial 

21 evidence, as determined by the Attorney Gen22 eral, that the State is making a reasonable ef23 fort to comply with the requirements of sections 

24 102 and 103, including an inability to comply 

25 due to court order or other legal restriction; 

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1 ‘‘(B) waive the applicability of paragraph 

2 (3) to a State for one year if the State provides 

3 substantial evidence, as determined by the At4 torney General, that the State is making a rea5 sonable effort to comply with the requirements 

6 of sections 102, 103, and 107, including an in7 ability to comply due to court order, conflicts 

8 between section 107 and the constitution of the 

9 State, or other legal restriction; and 

10 ‘‘(C) waive the applicability of paragraph 

11 (3), in part, to a State for which the waiver pe12 riod under subparagraph (B) has expired, for 

13 additional one-year periods, if— 

14 ‘‘(i) the State provides substantial evi15 dence, as determined by the Attorney Gen16 eral, that the State is making a reasonable 

17 effort to comply with the requirements of 

18 sections 102, 103, and 107, including an 

19 inability to comply due to court order, con20 flicts between section 107 and the constitu21 tion of the State, or other legal restriction; 

22 and 

23 ‘‘(ii) the Attorney General withholds 5 

24 percent of the amount that would other25 wise be allocated to a State under section 

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1 505 of title I of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 (42 

3 U.S.C. 3755) for each such one-year pe4 riod.’’. 

5 (b) STATE LAWS REQUIRING PROVISION OF

6 RECORDS.—Title I of the NICS Improvement Amend7 ments Act of 2007 (18 U.S.C. 922 note) is further amend8 ed by inserting after section 106 the following new section: 

9 ‘‘SEC. 107. STATE LAWS REQUIRING PROVISION OF 

10 RECORDS. 

11 ‘‘(a) IN GENERAL.—For each fiscal year after the ex12 piration of the period specified in subsection (b), the State 

13 shall have in effect throughout the State laws and policies 

14 that— 

15 ‘‘(1) require the State to provide to the Attor16 ney General not less than 90 percent of the records 

17 required to be provided under sections 102 and 103; 

18 and 

19 ‘‘(2) require the State to provide such records 

20 to the Attorney General in the same manner, or in 

21 a manner substantially similar to, the manner in 

22 which such records are required to be provided by 

23 the State under such sections. 

24 ‘‘(b) COMPLIANCE PERIOD.—Each State shall have 

25 not more than 2 years from the date of enactment of the 

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1 Strengthening Background Checks Act of 2013 in which 

2 to fully implement this section.’’. 

3 (c) AUTHORIZATION AND APPROPRIATION FOR IM4 PLEMENTATION ASSISTANCE TO STATES.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.— 

6 Section 103(e) of the NICS Improvement Amend7 ments Act of 2007 (18 U.S.C. 922 note) is amend8 ed— 

9 (A) in paragraph (1), by striking 

10 ‘‘$125,000,000 for fiscal year 2012’’ and all 

11 that follows and inserting ‘‘and $125,000,000 

12 for each of fiscal years 2012 through 2015.’’; 

13 and 

14 (B) in paragraph (2), by striking ‘‘fiscal 

15 years 2011, 2012, and 2013’’ and inserting 

16 ‘‘each of fiscal years 2011 through 2015’’. 

17 (2) APPROPRIATION.— 

18 (A) IN GENERAL.—There are hereby ap19 propriated for the first fiscal year beginning 

20 after the date of enactment of this Act, out of 

21 funds in the Treasury not otherwise appro22 priated, $125,000,000 to carry out the grant 

23 program authorized under section 103 of the 

24 NICS Improvement Amendments Act of 2007 

25 (18 U.S.C. 922 note). 

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1 (B) OFFSET.—Of the unobligated balances 

2 available under the Department of Justice As3 sets Forfeiture Fund, $125,000,000 are perma4 nently cancelled. 

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