Fix NICS Act of 2017

Bill: 115-hr-4477
Sponsor: Rep. Culberson, John Abney [R-TX-7]
Introduced: 2017-11-29 in the House
Policy area: Crime and Law Enforcement
Subjects: Congressional oversight
Criminal justice information and records
Criminal procedure and sentencing
Domestic violence and child abuse
Drug trafficking and controlled substances
Drug, alcohol, tobacco use
Employee performance
Federal officials
Firearms and explosives
Government employee pay, benefits, personnel management
Government information and archives
Intergovernmental relations
Mental health
State and local government operations

Summary:
action_date: 2017-11-29
text: 

Fix NICS Act of 2017

 
This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to:
 
 
certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and
 
establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy.
 
 
The bill amends the NICS Improvement Amendments Act of 2007 to:
 
 
direct the Department of Justice (DOJ) to establish a state implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; 
 
waive the grant match requirement under the National Criminal History Improvement Program (NCHIP) for a state that complies with its implementation plan; 
 
 reauthorize through FY2022 the NICS Act Record Improvement Program (NARIP); 
 
 establish, as a priority area for NARIP grant funding, a domestic abuse and violence prevention initiative; and 
 
 create a funding preference under the NARIP program for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. 
 
 
It amends the Crime Identification Technology Act of 1998 to reauthorize through FY2022 the NCHIP program. If a state complies with its implementation plan, then the federal share of an NCHIP grant may exceed 90% of program costs. 
 
DOJ's Bureau of Justice Assistance must report to Congress on the number of times that a bump stock has been used in the commission of a crime.

action_date: 2017-12-05
text: 

Fix NICS Act of 2017

 
(Sec. 2) This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to:
 
 
certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and
 
establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy.
 
 
(Sec. 3) The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it:
 
 
 establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and
 
 creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. 
 
 
(Sec. 4) It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it:
 
 
specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and
 
permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan. 
 
 
(Sec. 5) This section amends the NICS Improvement Amendments Act of 2007 to: 
 
 
direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; 
 
require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments;
 
give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and 
 
require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm. 
 
 
(Sec. 6) DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms.
 
(Sec. 7) The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this bill.


Legislative actions:
action_date: 2017-12-05
text: Placed on the Union Calendar, Calendar No. 322.
action_date: 2017-12-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 115-437.
action_date: 2017-12-05
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 115-437.
action_date: 2017-11-29
text: Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 6.
action_date: 2017-11-29
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-11-29
text: Referred to the House Committee on the Judiciary.
action_date: 2017-11-29
text: Introduced in House
action_date: 2017-11-29
text: Introduced in House