United States 115th Congress Status: In Committee 1 R cosponsors

HR 4477 — Fix NICS Act of 2017

Last action — Placed on the Union Calendar, Calendar No. 322.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

The bill aims to enforce compliance with the National Instant Criminal Background Check System.

The Fix NICS Act of 2017 requires federal agencies to certify their compliance with background check record submissions. It mandates semiannual reports and the creation of implementation plans to improve record accuracy and submission.

Summary

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.

Bill Text

What changed in the latest version

127 added · 38 removed

Plain-language change summary

The amendment changes the title from "REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM" to "NICS ACT RECORD IMPROVEMENT PROGRAM." It adds a requirement for the Attorney General to assess the effectiveness of actions under the Fix NICS Act every two years, starting from the most recent assessment. Additionally, it updates the timeline for funding and program applicability to include the years 2018 through 2022, reflecting a new fiscal period for improvements in the National Instant Criminal Background Check System.

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4477 Introduced in House (IH)] <DOC> 115th CONGRESS 1st Session H.
4477 Reported in House (RH)] <DOC> Union Calendar No.
322 115th CONGRESS 1st Session H.
4477 To enforce current law regarding the National Instant Criminal Background Check System.
4477 [Report No.
115-437] To enforce current law regarding the National Instant Criminal Background Check System.
which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To enforce current law regarding the National Instant Criminal Background Check System.
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] _______________________________________________________________________ A BILL To enforce current law regarding the National Instant Criminal Background Check System.
The records shall be limited to those of an individual described in subsection (g) or (n) of section of title 18, United States Code.
The head of 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 individual described in subsection (g) or (n) of section 922 of title 18, United States Code.
``(K) 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;
``(K) Biennial assessment.--Every 2 years, the Attorney General shall assess the extent to which the actions taken under the Fix 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;
REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM.
NICS ACT RECORD IMPROVEMENT PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS Improvement Amendments Act of 2007 (34 U.S.C.
(a) Requirements to Obtain Waiver.--Section 102 of the NICS Improvement Amendments Act of 2007(34 U.S.C.
(2) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``and'';
(2) in subsection (e), by striking paragraph (2) and inserting the following:
and (ii) by inserting before the period at the end the following:
``(2) Domestic abuse and violence prevention 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.
``, and $125,000,000 for each of fiscal years 2018 through 2022'';
``(B) Funding.--The Attorney General-- ``(i) may use not more than 50 percent of the amounts made available under section 7 of the Fix NICS Act for each of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A);
and (B) by striking paragraph (2) and inserting the following-- ``(2) Domestic abuse and violence prevention 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 this subsection for each of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A);
REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM.
NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM.
(3) in subsection (d), by inserting after ``unless'' the following:
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'';
``the State has achieved compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or''.
and (4) in subsection (e)(1), by striking ``2002 through 2007'' and inserting ``2018 through 2022''.
(a) In General.--Title I of the NICS Improvement Amendments Act of (34 U.S.C.
(a) In General.--Title I of the NICS Improvement Amendments Act of (34 U.S.
40901) and the verification of the accuracy of those records during a 4-year period specified in the plan.
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 subsection (g) or (n) of section 922 of title 18, United States Code.
The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code ``(b) Benchmark Requirements.--Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including-- ``(1) qualitative goals and quantitative measures;
``(b) Benchmark Requirements.--Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including-- ``(1) qualitative goals and quantitative measures;
``(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.''.
``(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 Attorney General shall assess the extent to which the actions taken under the Fix NICS Act of 2017 have resulted in improvements in the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40903).
``SEC.
108.
NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED PURCHASE OF A FIREARM.
``(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 importer, 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 firearm 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 Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.''.
Implementation plan.''.
Implementation plan.
``Sec.
108.
Notification to law enforcement agencies of prohibited purchase of a firearm.''.
BJS REPORT ON USE OF BUMP STOCKS IN CRIME.
ATTORNEY GENERAL REPORT ON USE OF BUMP STOCKS IN CRIME.
Show all 63 changed rows (23 more)
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(a) In General.--Within 180 days after the date of the enactment of this Act, the Bureau of Justice Statistics shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report that specifies the number of times that a bump stock has been used in the commission of a crime in the United States.
(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 Committee 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 section 924(c)(1) of title 18, United States Code, apply to all instances in which a bump stock has been used in the commission of a crime of violence in the United States.
<all>
SEC.
7.
AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $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;
(3) section 102 of the Crime Identification Technology Act of 1998;
and (4) section 106(b) of the Brady Handgun Violence 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 inserting ``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 inserting ``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.
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 Committee of the Whole House on the State of the Union, and ordered to be printed
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Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

  4. Committee Consideration and Mark-up Session Held.

  5. Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 6.

  6. Reported (Amended) by the Committee on Judiciary. H. Rept. 115-437.

  7. Reported (Amended) by the Committee on Judiciary. H. Rept. 115-437.

  8. Placed on the Union Calendar, Calendar No. 322.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

What does HR 4477 do?
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.
Who sponsors HR 4477?
HR 4477 is sponsored by Culberson, John Abney (Republican).
What is the current status of HR 4477?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4477?
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