II 

114TH CONGRESS 

1ST SESSION S. 2192 

To ensure that States submit all records of individuals who should be prohibited from buying a firearm to the national instant criminal background 

check system. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2015 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To ensure that States submit all records of individuals who 

should be prohibited from buying a firearm to the national instant criminal 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 ‘‘NICS Reporting Im5 provement Act’’. 


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

2 ELECTRONICALLY AVAILABLE TO THE NA3 TIONAL INSTANT CRIMINAL BACKGROUND 

4 CHECK. 

5 Section 102(b) of the NICS Improvement Amend6 ments Act of 2007 (18 U.S.C. 922 note) is amended to 

7 read as follows: 

8 ‘‘(b) IMPLEMENTATION PLAN.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this subsection, the Attor11 ney General, in coordination with the States, shall 

12 establish for each State or Indian tribal government, 

13 a plan to ensure maximum coordination and auto14 mation of the reporting of records or making of 

15 records available to the National Instant Criminal 

16 Background Check System, during a 4-year period 

17 specified in the plan. 

18 ‘‘(2) BENCHMARK REQUIREMENTS.—Each plan 

19 required under paragraph (1) shall include annual 

20 benchmarks, including qualitative goals and quan21 titative measures, to enable the Attorney General to 

22 assess implementation of the plan. 

23 ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 

24 ‘‘(A) IN GENERAL.—During the 4-year pe25 riod covered by the plan required under paraVerDate Sep 11 2014 00:18 Oct 22, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.IS S2192

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1 graph (1), the Attorney General shall with2 hold— 

3 ‘‘(i) 10 percent of the amount that 

4 would otherwise be allocated to a State 

5 under section 505 of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3755) if the State does 

8 not meet the benchmark established pursu9 ant to paragraph (2) for the first year in 

10 the 4-year period; 

11 ‘‘(ii) 11 percent of the amount that 

12 would otherwise be allocated to a State 

13 under section 505 of title I of the Omnibus 

14 Crime Control and Safe Streets Act of 

15 1968 (42 U.S.C. 3755) if the State does 

16 not meet the benchmark established pursu17 ant to paragraph (2) for the second year in 

18 the 4-year period; 

19 ‘‘(iii) 13 percent of the amount that 

20 would otherwise be allocated to a State 

21 under section 505 of title I the Omnibus 

22 Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3755) if the State does 

24 not meet the benchmark established pursuVerDate Sep 11 2014 00:18 Oct 22, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.IS S2192

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1 ant to paragraph (2) for the third year in 

2 the 4-year period; and 

3 ‘‘(iv) 15 percent of the amount that 

4 would otherwise be allocated to a State 

5 under section 505 of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3755) if the State does 

8 not meet the benchmark established pursu9 ant to paragraph (2) for the fourth year in 

10 the 4-year period. 

11 ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 

12 State with respect to which a plan is not estab13 lished under paragraph (1) shall be treated as 

14 having not met any benchmark established pur15 suant to paragraph (2). 

16 ‘‘(4) ANNUAL DOJ REPORT.—Not later than 1 

17 year after the date of enactment of this subsection, 

18 and each year thereafter, the Attorney General shall 

19 publish a report on the website of the Department 

20 of Justice on whether each State is in compliance 

21 with the benchmarks established pursuant to para22 graph (2).’’. 


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1 SEC. 3. GRANTS INCENTIVES TO STATES FOR IMPROVE2 MENT OF COORDINATION AND AUTOMATION 

3 OF NICS RECORD REPORTING. 

4 (a) IN GENERAL.—The NICS Improvement Amend5 ments Act of 2007 (18 U.S.C. 922 note) is amended— 

6 (1) by striking section 103 and inserting the 

7 following: 

8 ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO9 ORDINATION AND AUTOMATION OF NICS 

10 RECORD REPORTING. 

11 ‘‘(a) AUTHORIZATION.—From amounts made avail12 able to carry out this section, the Attorney General shall 

13 make grants to States, Indian tribal governments, and 

14 State court systems, in a manner consistent with the Na15 tional Criminal History Improvement Program and con16 sistent with State plans for integration, automation, and 

17 accessibility of criminal history records, for use by the 

18 State, or units of local government of the State, Indian 

19 tribal government, or State court system to improve the 

20 automation and transmittal of any records that identify 

21 persons who are prohibited from possessing or receiving 

22 a firearm under section 922(g) of title 18, United States 

23 Code, in accordance with section 102 and the National 

24 Criminal History Improvement Program. 


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1 ‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 

2 States, Indian tribal governments, or State court systems 

3 under this section may only be used to— 

4 ‘‘(1) carry out, as necessary, assessments of the 

5 capabilities of the courts of the State or Indian trib6 al government for the automation and transmission 

7 of arrest and conviction records, court orders includ8 ing those for domestic violence, and mental health 

9 adjudications or commitments to Federal and State 

10 record repositories; 

11 ‘‘(2) implement policies, systems, and proce12 dures for the automation and transmission of arrest 

13 and conviction records, court orders including those 

14 for domestic violence, and mental health adjudica15 tions or commitments to Federal and State record 

16 repositories; 

17 ‘‘(3) create electronic systems that provide ac18 curate and up-to-date information which is directly 

19 related to checks under the National Instant Crimi20 nal Background Check System, including court dis21 position and corrections records; 

22 ‘‘(4) assist States or Indian tribal governments 

23 in establishing or enhancing their own capacities to 

24 perform background checks using the National In25 stant Criminal Background Check System; and 


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1 ‘‘(5) develop and maintain the relief from dis2 abilities program in accordance with section 105. 

3 ‘‘(c) ELIGIBILITY.—To be eligible for a grant under 

4 this section, a State, Indian tribal government, or State 

5 court system shall certify, to the satisfaction of the Attor6 ney General, that the State, Indian tribal government, or 

7 State court system is not prohibited by State law or court 

8 order from submitting mental health records to the Na9 tional Instant Criminal Background Check System. 

10 ‘‘(d) FEDERAL SHARE.— 

11 ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL

12 ACTIVITIES.—The Federal share of a study, assess13 ment, creation of a task force, or other non-material 

14 activity, as determined by the Attorney General, car15 ried out with a grant under this section shall be not 

16 more than 25 percent. 

17 ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP18 MENT.—The Federal share of an activity involving 

19 infrastructure or system development, including 

20 labor-related costs, for the purpose of improving 

21 State or Indian tribal government record reporting 

22 to the National Instant Criminal Background Check 

23 System carried out with a grant under this section 

24 may amount to 100 percent of the cost of the activ25 ity. 


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1 ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 

2 of the grant funding available under this section may be 

3 reserved for Indian tribal governments for use by Indian 

4 tribal judicial systems. 

5 ‘‘(f) PREFERENTIAL CONSIDERATION.—In awarding 

6 grants under this section, the Attorney General shall give 

7 preferential consideration to a State or Indian tribal gov8 ernment that has— 

9 ‘‘(1) successfully met the benchmarks estab10 lished under section 102(b)(2); and 

11 ‘‘(2) implemented a relief from disabilities pro12 gram in accordance with section 105. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $100,000,000 for each of fiscal years 2016 through 

16 2020.’’; 

17 (2) by striking title III; and 

18 (3) in section 401(b), by inserting after ‘‘of this 

19 Act’’ the following: ‘‘and 18 months after the date 

20 of enactment of the NICS Reporting Improvement 

21 Act’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections in section 1(b) of the NICS Improve24 ment Amendments Act of 2007 (18 U.S.C. 922 note) is 

25 amended— 


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1 (1) by striking the item relating to section 103 

2 and inserting the following: 

‘‘Sec. 103. Grants to States for improvement of coordination and automation 

of NICS record reporting.’’; 

3 (2) by striking the item relating to title III; and 

4 (3) by striking the item relating to section 301. 

5 SEC. 4. EFFECTIVE DATE. 

6 The amendments made by this Act shall take effect 

7 180 days after the date of enactment of this Act. 

Æ 


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