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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fix NICS Act of 2017’’. 
SEC. 2. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS 
AND AGENCIES. 
Section 103 of the Brady Handgun Violence Preven-
tion Act (34 U.S.C. 40901) is amended— 
(1) in subsection (e)(1), by adding at the end the 
following: 
‘‘(F) SEMIANNUAL CERTIFICATION AND RE-
PORTING.— 
‘‘(i) IN GENERAL.—The head of each 
Federal department or agency shall submit 
a semiannual written certification to the 
Attorney General indicating whether the de-
partment or agency is in compliance with 
the record submission requirements under 
subparagraph (C). 
‘‘(ii) SUBMISSION DATES.—The head of 
a Federal department or agency shall sub-
mit a certification to the Attorney General 
under clause (i)— 
‘‘(I) not later than July 31 of 
each year, which shall address all rel-
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evant records, including those that 
have not been transmitted to the Attor-
ney General, in possession of the de-
partment or agency during the period 
beginning on January 1 of the year 
and ending on June 30 of the year; 
and 
‘‘(II) not later than January 31 
of each year, which shall address all 
relevant records, including those that 
have not been transmitted to the Attor-
ney General, in possession of the de-
partment or agency during the period 
beginning on July 1 of the previous 
year and ending on December 31 of the 
previous year. 
‘‘(iii) CONTENTS.—A certification re-
quired under clause (i) shall state, for the 
applicable period— 
‘‘(I) the total number of records of 
the Federal department or agency dem-
onstrating that a person falls within 
one of the categories described in sub-
section (g) or (n) of section 922 of title 
18, United States Code; 
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‘‘(II) for each category of records 
described in subclause (I), the total 
number of records of the Federal de-
partment or agency that have been 
provided to the Attorney General; and 
‘‘(III) the efforts of the Federal de-
partment or agency to ensure complete 
and accurate reporting of relevant 
records, including efforts to monitor 
compliance and correct any reporting 
failures or inaccuracies. 
‘‘(G) IMPLEMENTATION PLAN.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this sub-
paragraph, the head of each Federal depart-
ment or agency, in coordination with the 
Attorney General, shall establish a plan to 
ensure maximum coordination and auto-
mated reporting or making available of 
records to the Attorney General as required 
under 
subparagraph 
(C), 
and 
the 
verification of the accuracy of those records, 
including 
the 
pre-validation 
of 
those 
records, where appropriate, during a 4-year 
period specified in the plan. The head of 
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each Federal department or agency shall 
update the plan biennially, to the extent 
necessary, based on the most recent biennial 
assessment under subparagraph (K). The 
records shall be limited to those of an indi-
vidual described in subsection (g) or (n) of 
section 922 of title 18, United States Code. 
‘‘(ii) BENCHMARK
REQUIREMENTS.— 
Each plan established under clause (i) shall 
include annual benchmarks to enable the 
Attorney General to assess implementation 
of the plan, including— 
‘‘(I) qualitative goals and quan-
titative measures; 
‘‘(II) measures to monitor inter-
nal compliance, including any report-
ing failures and inaccuracies; 
‘‘(III) a needs assessment, includ-
ing estimated compliance costs; and 
‘‘(IV) an estimated date by which 
the Federal department or agency will 
fully comply with record submission 
requirements under subparagraph (C). 
‘‘(iii) COMPLIANCE DETERMINATION.— 
Not later than the end of each fiscal year 
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beginning after the date of the establishment 
of a plan under clause (i), the Attorney 
General shall determine whether the appli-
cable Federal department or agency has 
achieved substantial compliance with the 
benchmarks included in the plan. 
‘‘(H) ACCOUNTABILITY.—The Attorney Gen-
eral shall publish, including on the website of the 
Department of Justice, and submit to the Com-
mittee on the Judiciary and the Committee on 
Appropriations of the Senate and the Committee 
on the Judiciary and the Committee on Appro-
priations of the House of Representatives a semi-
annual report that discloses— 
‘‘(i) the name of each Federal depart-
ment or agency that has failed to submit a 
required certification under subparagraph 
(F); 
‘‘(ii) the name of each Federal depart-
ment or agency that has submitted a re-
quired certification under subparagraph 
(F), but failed to certify compliance with 
the record submission requirements under 
subparagraph (C); 
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agency that has failed to certify compliance with 
the record submission requirements under sub-
paragraph (C), and is not in substantial compli-
ance with an implementation plan established 
under subparagraph (G), shall not be eligible for 
the receipt of bonus pay, excluding overtime pay, 
until the department or agency— 
‘‘(i) certifies compliance with the 
record submission requirements under sub-
paragraph (C); or 
‘‘(ii) achieves substantial compliance 
with an implementation plan established 
under subparagraph (G). 
‘‘(J) TECHNICAL ASSISTANCE.—The Attor-
ney General may use funds made available for 
the national instant criminal background check 
system established under subsection (b) to pro-
vide technical assistance to a Federal department 
or agency, at the request of the department or 
agency, in order to help the department or agen-
cy comply with the record submission require-
ments under subparagraph (C). 
‘‘(K) BIENNIAL
ASSESSMENT.—Every 2 
years, the Attorney General shall assess the ex-
tent to which the actions taken under the Fix 
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NICS Act of 2017 have resulted in improvements 
in the system established under this section. 
‘‘(L) APPLICATION TO FEDERAL COURTS.— 
For purposes of this paragraph— 
‘‘(i) the terms ‘department or agency of 
the United States’ and ‘Federal department 
or agency’ include a Federal court; and 
‘‘(ii) the Director of the Administrative 
Office of the United States Courts shall per-
form, for a Federal court, the functions as-
signed to the head of a department or agen-
cy.’’; and 
(2) in subsection (g), by adding at the end the 
following: ‘‘For purposes of the preceding sentence, 
not later than 60 days after the date on which the At-
torney General receives such information, the Attor-
ney General shall determine whether or not the pro-
spective transferee is the subject of an erroneous 
record and remove any records that are determined to 
be erroneous. In addition to any funds made avail-
able under subsection (k), the Attorney General may 
use such sums as are necessary and otherwise avail-
able for the salaries and expenses of the Federal Bu-
reau of Investigation to comply with this subsection.’’. 
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SEC. 3. NICS ACT RECORD IMPROVEMENT PROGRAM. 
(a) REQUIREMENTS TO OBTAIN WAIVER.—Section 102 
of the NICS Improvement Amendments Act of 2007(34 
U.S.C. 40912) is amended— 
(1) in subsection (a), in the first sentence— 
(A) by striking ‘‘the Crime Identification 
Technology Act of 1988 (42 U.S.C. 14601)’’ and 
inserting ‘‘section 102 of the Crime Identifica-
tion Technology Act of 1998 (34 U.S.C. 40301)’’; 
and 
(B) by inserting ‘‘is in compliance with an 
implementation plan established under sub-
section (b) or’’ before ‘‘provides at least 90 per-
cent of the information described in subsection 
(c)’’; and 
(2) in subsection (b)(1)(B), by inserting ‘‘or has 
established an implementation plan under section 
107’’ after ‘‘the Attorney General’’. 
(b) IMPLEMENTATION ASSISTANCE TO STATES.—Sec-
tion 103 of the NICS Improvement Amendments Act of 
2007 (34 U.S.C. 40913) is amended— 
(1) in subsection (b)(3), by inserting before the 
semicolon at the end the following: ‘‘, including 
through increased efforts to pre-validate the contents 
of those records to expedite eligibility determina-
tions’’; 
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(2) in subsection (e), by striking paragraph (2) 
and inserting the following: 
‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN-
TION INITIATIVE.— 
‘‘(A) ESTABLISHMENT.—For each of fiscal 
years 2018 through 2022, the Attorney General 
shall create a priority area under the NICS Act 
Record Improvement Program (commonly known 
as ‘NARIP’) for a Domestic Abuse and Violence 
Prevention Initiative that emphasizes the need 
for grantees to identify and upload all felony 
conviction records and domestic violence records. 
‘‘(B) FUNDING.—The Attorney General— 
‘‘(i) may use not more than 50 percent 
of the amounts made available under sec-
tion 7 of the Fix NICS Act for each of fiscal 
years 2018 through 2022 to carry out the 
initiative described in subparagraph (A); 
and 
‘‘(ii) shall give a funding preference 
under NARIP to States that— 
‘‘(I) have established an imple-
mentation plan under section 107; and 
‘‘(II) will use amounts made 
available under this subparagraph to 
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improve efforts to identify and upload 
all felony conviction records and do-
mestic violence records described in 
clauses (i), (v), and (vi) of section 
102(b)(1)(C) by not later than Sep-
tember 30, 2022.’’; and 
(3) by adding at the end the following: 
‘‘(g) TECHNICAL ASSISTANCE.—The Attorney General 
shall direct the Office of Justice Programs, the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, and the Fed-
eral Bureau of Investigation to— 
‘‘(1) assist States that are not currently eligible 
for grants under this section to achieve compliance 
with all eligibility requirements; and 
‘‘(2) provide technical assistance and training 
services to grantees under this section.’’. 
SEC. 4. NATIONAL CRIMINAL HISTORY IMPROVEMENT PRO-
GRAM. 
(a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE 
IDENTIFICATION, INFORMATION, AND COMMUNICATION.— 
Section 102 of the Crime Identification Technology Act of 
1998 (34 U.S.C. 40301) is amended— 
(1) in subsection (a)(3)— 
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(A) by redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (D), (E), and 
(F), respectively; and 
(B) by inserting after subparagraph (B) the 
following: 
‘‘(C) identification of all individuals who 
have been convicted of a crime punishable by im-
prisonment for a term exceeding 1 year’’; 
(2) in subsection (b)(6)— 
(A) by striking ‘‘(18 U.S.C. 922 note)’’ and 
inserting ‘‘(34 U.S.C. 40901(b))’’; and 
(B) by inserting before the semicolon at the 
end the following: ‘‘, including through increased 
efforts to pre-validate the contents of felony con-
viction records and domestic violence records to 
expedite eligibility determinations, and measures 
and resources necessary to establish and achieve 
compliance with an implementation plan under 
section 107 of the NICS Improvement Amend-
ments Act of 2007’’; and 
(3) in subsection (d), by inserting after ‘‘unless’’ 
the following: ‘‘the State has achieved compliance 
with an implementation plan under section 107 of the 
NICS Improvement Amendments Act of 2007 or’’. 
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(b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL 
RECORDS.—Section 106(b)(1) of the Brady Handgun Vio-
lence Prevention Act (34 U.S.C. 40302(1)) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘as of the date of enactment 
of this Act’’ and inserting ‘‘, as of the date of en-
actment of the Fix NICS Act of 2017,’’; and 
(B) by striking ‘‘files,’’ and inserting the 
following: ‘‘files and that will utilize funding 
under this subsection to prioritize the identifica-
tion and transmittal of felony conviction records 
and domestic violence records,’’; 
(2) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(3) in subparagraph (C)— 
(A) by striking ‘‘upon establishment of the 
national system,’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following— 
‘‘(D) to establish and achieve compliance 
with an implementation plan under section 107 
of the NICS Improvement Amendments Act of 
2007.’’. 
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SEC. 5. IMPROVING INFORMATION SHARING WITH THE 
STATES. 
(a) IN GENERAL.—Title I of the NICS Improvement 
Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 107. IMPLEMENTATION PLAN. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Fix NICS Act of 2017, the Attorney 
General, in coordination with the States and Indian tribal 
governments, shall establish, for each State or Indian tribal 
government, a plan to ensure maximum coordination and 
automation of the reporting or making available of appro-
priate records to the National Instant Criminal Back-
ground Check System established under section 103 of the 
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 
and the verification of the accuracy of those records during 
a 4-year period specified in the plan, and shall update the 
plan biennially, to the extent necessary, based on the most 
recent biennial assessment under subsection (f). The records 
shall be limited to those of an individual described in sub-
section (g) or (n) of section 922 of title 18, United States 
Code 
‘‘(b) BENCHMARK REQUIREMENTS.—Each plan estab-
lished under this section shall include annual benchmarks 
to enable the Attorney General to assess the implementation 
of the plan, including— 
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‘‘(1) qualitative goals and quantitative measures; 
and 
‘‘(2) a needs assessment, including estimated 
compliance costs. 
‘‘(c) COMPLIANCE DETERMINATION.—Not later than 
the end of each fiscal year beginning after the date of the 
establishment of an implementation plan under this section, 
the Attorney General shall determine whether each State or 
Indian tribal government has achieved substantial compli-
ance with the benchmarks included in the plan. 
‘‘(d) ACCOUNTABILITY.—The Attorney General— 
‘‘(1) shall disclose and publish, including on the 
website of the Department of Justice— 
‘‘(A) the name of each State or Indian trib-
al government that received a determination of 
failure to achieve substantial compliance with an 
implementation plan under subsection (c) for the 
preceding fiscal year; and 
‘‘(B) a description of the reasons for which 
the Attorney General has determined that the 
State or Indian tribal government is not in sub-
stantial compliance with the implementation 
plan, including, to the greatest extent possible, a 
description of the types and amounts of records 
that have not been submitted; and 
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‘‘(2) if a State or Indian tribal government de-
scribed in paragraph (1) subsequently receives a de-
termination of substantial compliance, shall— 
‘‘(A) immediately correct the applicable 
record; and 
‘‘(B) not later than 3 days after the deter-
mination, remove the record from the website of 
the Department of Justice and any other loca-
tion where the record was published. 
‘‘(e) INCENTIVES.—For each of fiscal years 2018 
through 2022, the Attorney General shall give affirmative 
preference to all Bureau of Justice Assistance discretionary 
grant applications of a State or Indian tribal government 
that received a determination of substantial compliance 
under subsection (c) for the fiscal year in which the grant 
was solicited. 
‘‘(f) BIENNIAL ASSESSMENT.—Every 2 years, the At-
torney General shall assess the extent to which the actions 
taken under the Fix NICS Act of 2017 have resulted in im-
provements in the National Instant Criminal Background 
Check System established under section 103 of the Brady 
Handgun Violence Prevention Act (34 U.S.C. 40903). 
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‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGEN-
CIES OF PROHIBITED PURCHASE OF A FIRE-
ARM. 
‘‘(a) IN GENERAL.—In the case of a background check 
conducted by the National Instant Criminal Background 
Check System pursuant to the request of a licensed im-
porter, licensed manufacturer, or licensed dealer of firearms 
(as such terms are defined in section 921 of title 18, United 
States Code), which background check determines that the 
receipt of a firearm by a person would violate subsection 
(g) or (n) of section 922 of title 18, United States Code, 
and such determination is made after 3 business days have 
elapsed since the licensee contacted the System and a fire-
arm has been transferred to that person, the System shall 
notify the law enforcement agencies described in subsection 
(b). 
‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.— 
The law enforcement agencies described in this subsection 
are the law enforcement agencies that have jurisdiction over 
the location from which the licensee contacted the system 
and the law enforcement agencies that have jurisdiction 
over the location of the residence of the person for which 
the background check was conducted, as follows: 
‘‘(1) The field office of the Federal Bureau of In-
vestigation. 
‘‘(2) The local law enforcement agency. 
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‘‘(3) The State law enforcement agency.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the NICS Improvement Amendments Act of 
2007 (Public Law 110–180; 121 Stat. 2559) is amended 
by inserting after the item relating to section 106 the fol-
lowing: 
‘‘Sec. 107. Implementation plan. 
‘‘Sec. 108. Notification to law enforcement agencies of prohibited purchase of a 
firearm.’’. 
SEC. 6. ATTORNEY GENERAL REPORT ON USE OF BUMP 
STOCKS IN CRIME. 
(a) IN GENERAL.—Using amounts made available for 
research, evaluation, or statistical purposes, within 180 
days after the date of the enactment of this Act, the Attorney 
General shall prepare and submit to the Committee on the 
Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate a written report 
that— 
(1) specifies the number of instances in which a 
bump stock has been used in the commission of a 
crime in the United States; 
(2) specifies the types of firearms with which a 
bump stock has been so used; and 
(3) contains the opinion of the Attorney General 
as to whether subparagraphs (B)(i) and (C)(i) of sec-
tion 924(c)(1) of title 18, United States Code, apply 
to all instances in which a bump stock has been used 
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in the commission of a crime of violence in the 
United States. 
(b) DEFINITION OF BUMP STOCK.—In this section, the 
term ‘‘bump stock’’ means a device that— 
(1) attaches to a semiautomatic rifle (as defined 
in section 921(a)(28) of title 18, United States Code); 
(2) is designed and intended to repeatedly acti-
vate the trigger without the deliberate and volitional 
act of the user pulling the trigger each time the fire-
arm is fired; and 
(3) functions by continuous forward pressure ap-
plied to the rifle’s fore end in conjunction with a lin-
ear forward and backward sliding motion of the 
mechanism utilizing the recoil energy when the rifle 
is discharged. 
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated $100,000,000 for each of fiscal years 2018 through 
2022 to carry out, in accordance with the NICS Act Record 
Improvement Program and the National Criminal History 
Improvement Program, the activities under— 
(1) section 102 of the NICS Improvement 
Amendments Act of 2007; 
(2) section 103 of the NICS Improvement 
Amendments Act of 2007; 
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(3) section 102 of the Crime Identification Tech-
nology Act of 1998; and 
(4) section 106(b) of the Brady Handgun Vio-
lence Prevention Act. 
(b) ADDITIONAL AUTHORIZATIONS.—Section 1001(a) 
of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10261(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘$33,000,000’’ and inserting 
‘‘$31,000,000’’; 
(B) by striking ‘‘1994 and 1995’’ and in-
serting ‘‘2018 through 2022’’; and 
(C) by inserting ‘‘, in addition to any 
amounts otherwise made available for research, 
evaluation or statistical purposes in a fiscal 
year’’ before the period; and 
(2) in paragraph (2)— 
(A) by striking ‘‘$33,000,000’’ and inserting 
‘‘$27,000,000’’; 
(B) by striking ‘‘1994 and 1995’’ and in-
serting ‘‘2018 through 2022’’; and 
(C) by inserting ‘‘, in addition to any 
amounts otherwise made available for research, 
evaluation or statistical purposes in a fiscal 
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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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