(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 NA-
TIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 
Sec. 101. Reauthorization of the National Criminal History Records Improve-
ment 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 men-
tal health records to the National Instant Criminal Back-
ground 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 exist-
ing prohibition on a national firearms registry. 
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(3) Congress believes the Department of Justice 
should prosecute violations of background check re-
quirements 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 re-
sponsible gun ownership, dangerous criminals and 
the seriously mentally ill should be prohibited from 
possessing firearms; therefore, it should be incum-
bent 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 author-
ity or jurisdiction of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives; or 
(2) allow the establishment, directly or indi-
rectly, of a Federal firearms registry. 
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SEC. 4. SEVERABILITY. 
If any provision of this Act or an amendment made 
by this Act, or the application of a provision or amend-
ment 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 BUY-
ING A GUN ARE LISTED IN 
THE 
NATIONAL 
INSTANT 
CRIMINAL 
BACKGROUND 
CHECK SYSTEM 
SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL 
HISTORY 
RECORDS 
IMPROVEMENT 
PRO-
GRAM. 
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 in-
serting ‘‘of the Public Safety and Second Amend-
ment Rights Protection Act of 2017’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
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‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for grants 
under this subsection $100,000,000 for each of fis-
cal years 2018 through 2021.’’. 
SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES. 
Section 102(b) of the NICS Improvement Amend-
ments 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 Sec-
ond Amendment Rights Protection Act of 2017, the 
Attorney General, in coordination with the States, 
shall establish, for each State or Indian tribal gov-
ernment applying for a grant under section 103, a 
4-year implementation plan to ensure maximum co-
ordination and automation of the reporting of 
records or making of records available to the Na-
tional Instant Criminal Background Check System. 
‘‘(2) BENCHMARK
REQUIREMENTS.—Each 4- 
year plan established under paragraph (1) shall in-
clude annual benchmarks, including both qualitative 
goals and quantitative measures, to enable the At-
torney General to assess implementation of the 4- 
year plan. 
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‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 
‘‘(A) IN GENERAL.—During the 4-year pe-
riod covered by a 4-year plan established under 
paragraph (1), the Attorney General shall with-
hold— 
‘‘(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 para-
graph (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 para-
graph (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 
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U.S.C. 3755) if the State does not meet 
the benchmark established under para-
graph (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 para-
graph (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 para-
graph (1) shall be treated as having not met 
any benchmark established under paragraph 
(2).’’. 
SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-
ORDINATION AND AUTOMATION OF NICS 
RECORD REPORTING. 
(a) IN GENERAL.—The NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40902 et seq.) is amend-
ed— 
(1) by striking section 103 and inserting the 
following: 
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‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-
ORDINATION AND AUTOMATION OF NICS 
RECORD REPORTING. 
‘‘(a) AUTHORIZATION.—From amounts made avail-
able 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 Na-
tional Criminal History Improvement Program and con-
sistent 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 deter-
mining whether a person has been convicted of a mis-
demeanor 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 Pro-
gram. 
‘‘(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 Trib-
al government for the automation and transmission 
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of arrest and conviction records, court orders, and 
mental health adjudications or commitments to Fed-
eral and State record repositories; 
‘‘(2) implement policies, systems, and proce-
dures 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 ac-
curate and up-to-date information which is directly 
related to checks under the National Instant Crimi-
nal Background Check System, including court dis-
position and corrections records; 
‘‘(4) assist States or Indian Tribal governments 
in establishing or enhancing their own capacities to 
perform background checks using the National In-
stant Criminal Background Check System; and 
‘‘(5) develop and maintain the relief from dis-
abilities program in accordance with section 105. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible for a grant 
under this section, a State, Indian Tribal govern-
ment, or State court system shall certify, to the sat-
isfaction of the Attorney General, that the State, In-
dian Tribal government, or State court system— 
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‘‘(A) is not prohibited by State law or 
court order from submitting mental health 
records to the National Instant Criminal Back-
ground Check System; and 
‘‘(B) subject to paragraph (2), has imple-
mented a relief from disabilities program in ac-
cordance with section 105. 
‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 
For purposes of obtaining a grant under this sec-
tion, a State, Indian Tribal government, or State 
court system shall not be required to meet the eligi-
bility requirement described in paragraph (1)(B) 
until the date that is 2 years after the date of enact-
ment 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, assess-
ment, creation of a task force, or other non-material 
activity, as determined by the Attorney General, car-
ried out with a grant under this section shall be not 
more than 25 percent. 
‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP-
MENT.—The Federal share of an activity involving 
infrastructure or system development, including 
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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 activ-
ity. 
‘‘(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 Improve-
ment 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.’’. 
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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 en-
actment of the Public Safety and Second Amend-
ment 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 imple-
mented a relief from disabilities program in accord-
ance with this section. 
‘‘(2) 11 PERCENT REDUCTION.—During the 1- 
year period after the expiration of the period de-
scribed in paragraph (1), the Attorney General shall 
withhold 11 percent of the amount that would other-
wise 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 de-
scribed in paragraph (2), the Attorney General shall 
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withhold 13 percent of the amount that would other-
wise 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 expi-
ration 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 pro-
gram 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 INFOR-
MATION 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 fol-
lowing: 
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‘‘(F) 
APPLICATION
TO
FEDERAL 
COURTS.—In this subsection— 
‘‘(i) the terms ‘department or agency 
of the United States’ and ‘Federal depart-
ment or agency’ include a Federal court; 
and 
‘‘(ii) for purposes of any request, sub-
mission, 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 COV-
ERED ENTITIES TO SUBMIT MENTAL HEALTH 
RECORDS TO THE NATIONAL INSTANT CRIMI-
NAL 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 informa-
tion (as defined in such section) for purposes of reporting 
to the National Instant Criminal Background Check Sys-
tem 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— 
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(A) an entity designated by the State to 
report, or which collects information for pur-
poses 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 be-
come subject to such section 922(g)(4); 
(2) discloses the information only to— 
(A) the National Instant Criminal Back-
ground Check System; or 
(B) an entity designated by the State to 
report, or which collects information for pur-
poses 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 Back-
ground Check System; and 
(B) does not disclose diagnostic or clinical in-
formation for such purposes. 
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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 Gen-
eral shall make the National Instant Criminal Background 
Check System index statistics available on a publically ac-
cessible 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 RESPON-
SIBLE 
AND 
CONSISTENT 
BACKGROUND CHECK PROC-
ESS 
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 fire-
arms. 
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 sub-
section (s); 
(3) in subsection (s), as redesignated— 
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(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 offi-
cer’ 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 redesig-
nated, the following: 
‘‘(t)(1) Beginning on the date that is 180 days after 
the date of enactment of this subsection and except as pro-
vided in paragraph (2), it shall be unlawful for any person 
other than a licensed dealer, licensed manufacturer, or li-
censed 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 publi-
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cation 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 im-
porter, 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, ex-
cept 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, ac-
quire, or carry a firearm, if the law of the State, or 
political subdivision of a State, that issued the per-
mit requires that such permit is issued only after an 
authorized government official has verified that the 
information available to such official does not indi-
cate that possession of a firearm by the unlicensed 
transferee would be in violation of Federal, State, or 
local law; 
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‘‘(B) the transfer is made between an unli-
censed transferor and an unlicensed transferee resid-
ing 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 compli-
ance with the laws of the State; 
‘‘(C) the transfer is made between spouses, be-
tween parents or spouses of parents and their chil-
dren 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 re-
ceiving or possessing a firearm under Federal, State, 
or local law; or 
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