Title: Domestic Violence Records Reporting Improvement Act of 2017
Policy area: Crime and Law Enforcement

Summary:
Domestic Violence Records Reporting Improvement Act of 2017
This bill amends the Crime Identification Technology Act of 1998 to require a state, as an eligibility condition to receive a grant under the National Criminal History Improvement Program, to provide to the National Instant Criminal Background Check System (NICS) a certain percentage of records related to domestic violence convictions and protection orders.
Additionally, the bill amends the NICS Improvement Amendments Act of 2007 to waive the requirement for a state to certify, as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP), that it has a relief from disabilities program, if the state's primary purpose for the NARIP grant is to improve access to domestic violence records in the NICS.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4183

   To condition a State's eligibility for grants under the National 
    Criminal History Improvement Program on compliance with certain 
  requirements relating to increasing reporting of domestic violence 
                    records, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2017

 Mr. Costello of Pennsylvania (for himself and Miss Rice of New York) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To condition a State's eligibility for grants under the National 
    Criminal History Improvement Program on compliance with certain 
  requirements relating to increasing reporting of domestic violence 
                    records, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Records Reporting 
Improvement Act of 2017''.

SEC. 2. RESTRICTION ON NCHIP GRANTS.

    Section 102 of the Crime Identification Technology Act of 1998 (34 
U.S.C. 40301) is amended by adding at the end the following:
    ``(g)(1) National Instant Criminal Background Check System.--For 
purposes of this subsection, the term `National Instant Criminal 
Background Check System' means the National Instant Criminal Background 
Check System established under section 103(b) of the Brady Handgun 
Violence Prevention Act (18 U.S.C. 922 note) for firearms eligibility 
determinations.
    ``(2) Domestic Violence Record Defined.--For purposes of paragraph 
(3), a domestic violence record is the following:
            ``(A) A record that identifies a person who is subject to a 
        court order described in section 922(g)(8) of title 18, United 
        States Code.
            ``(B) A record that identifies a person who was convicted 
        in any court of a misdemeanor crime of domestic violence, as 
        defined in section 921(a)(33) of title 18, United States Code, 
        during the 5 years preceding the date of enactment of this 
        subsection.
    ``(3) Report to Congress.--Not later than January 31 of each year, 
the Attorney General shall submit to the Committee on the Judiciary of 
the House of Representatives and the Committee on the Judiciary of the 
Senate a report identifying the percentage of records described in 
paragraph (2) from each State that are accessible through the National 
Instant Criminal Background Check System.
    ``(4) Methodology.--The method established to calculate the number 
of records identified in paragraph (2) accessible through the National 
Instant Criminal Background Check System, as set forth in paragraph (2) 
and State compliance with the required level of reporting under 
paragraph (6), shall be determined by the Attorney General, after 
consultation with the States, in accordance with the following:
            ``(A) A record of an individual convicted of a misdemeanor 
        crime of domestic violence shall be counted as accessible 
        through the National Instant Criminal Background Check System 
        if a record identifying the individual has been submitted to 
        the NICS Index or a record identifies the individual in the 
        Interstate Identification Index and the record in the 
        Interstate Identification Index either complies with paragraph 
        (c)(2) of section 102 of the NICS Amendment Improvements Act of 
        2007 (34 U.S.C. 40912), or otherwise clearly indicates that the 
        person is ineligible to purchase or possess firearms as a 
        result of the conviction.
            ``(B) A record of an individual subject to a court order 
        described in section 922(g)(8) of title 18, United States Code 
        shall be counted as accessible through the National Instant 
        Criminal Background Check System if either a record identifying 
        the individual has been submitted to the NICS Index, or the 
        individual is identified in the Protection Order File of the 
        National Crime Information Center and the record in the 
        Protection Order File of the National Crime Information Center 
        clearly indicates that the person is ineligible to purchase or 
        possess firearms as a result of the court order.
    ``(5) Grant Eligibility.--Starting in each year as stated below, a 
State shall not be eligible for a grant under this section for purposes 
that do not contribute to the accessibility of the records described in 
paragraph (2) through the National Instant Criminal Background Check 
System, unless at least the following percentage of such records from 
that State are accessible through the National Instant Criminal 
Background Check System, as determined by the Attorney General in 
accordance with paragraph (4):
            ``(A) 30 percent of such records, starting 2021;
            ``(B) 50 percent of such records, starting 2023; and
            ``(C) 70 percent of such records, starting 2025.
    ``(6) Reallocation.--Any funds that are not allocated to a State 
because of the failure of the State to comply with the requirements of 
this subsection shall be reallocated to States that meet such 
requirements.''.

SEC. 3. NARIP FUNDING FOR DOMESTIC VIOLENCE REPORTING.

    (a) Implementation Assistance to States.--Section 103(c) of the 
NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end, the following:
            ``(2) The Attorney General shall waive the requirement of a 
        relief from disabilities program for any State to receive a 
        grant under this section if the primary purpose of the grant is 
        to improve the accessibility through the National Instant 
        Criminal Background Check System of the records identified in 
        subsection (g)(3) of section 102 of the Crime Identification 
        Technology Act of 1998 (34 U.S.C. 40301).''.
    (b) Disposition Records Automation and Transmittal Improvement 
Grants.--Section 301(d) of the NICS Improvement Amendments Act of 2007 
(34 U.S.C. 40941) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end, the following:
            ``(2) The Attorney General shall waive the requirement of a 
        relief from disabilities program for any State to receive a 
        grant under this section if the primary purpose of the grant is 
        to improve the accessibility through the National Instant 
        Criminal Background Check System of the records identified in 
        subsection (g)(3) of section 102 of the Crime Identification 
        Technology Act of 1998 (34 U.S.C. 40301).''.
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