rules committee print -...

DECEMBER 1, 2017

RULES COMMITTEE PRINT 115–45

TEXT OF CONCEALED

CARRY RECIPROCITY ACT OF 2017

[Showing the text of H.R. 38 and H.R. 4477 as ordered reported by the Committee on the Judiciary]

SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Concealed Carry Reci-2

procity Act of 2017’’. 3

TITLE I—CONCEALED CARRY 4

RECIPROCITY ACT OF 20175

SEC. 101. RECIPROCITY FOR THE CARRYING OF CERTAIN 6

CONCEALED FIREARMS. 7

(a) IN GENERAL.—Chapter 44 of title 18, United 8

States Code, is amended by inserting after section 926C 9

the following: 10

‘‘§ 926D. Reciprocity for the carrying of certain con-11

cealed firearms 12

‘‘(a) Notwithstanding any provision of the law of any 13

State or political subdivision thereof (except as provided 14

in subsection (b)) and subject only to the requirements 15

of this section, a person who is not prohibited by Federal 16

law from possessing, transporting, shipping, or receiving 17

a firearm, who is carrying a valid identification document 18

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containing a photograph of the person, and who is car-1

rying a valid license or permit which is issued pursuant 2

to the law of a State and which permits the person to 3

carry a concealed firearm or is entitled to carry a con-4

cealed firearm in the State in which the person resides, 5

may possess or carry a concealed handgun (other than a 6

machinegun or destructive device) that has been shipped 7

or transported in interstate or foreign commerce, in any 8

State that—9

‘‘(1) has a statute under which residents of the 10

State may apply for a license or permit to carry a 11

concealed firearm; or 12

‘‘(2) does not prohibit the carrying of concealed 13

firearms by residents of the State for lawful pur-14

poses. 15

‘‘(b) This section shall not be construed to supersede 16

or limit the laws of any State that—17

‘‘(1) permit private persons or entities to pro-18

hibit or restrict the possession of concealed firearms 19

on their property; or 20

‘‘(2) prohibit or restrict the possession of fire-21

arms on any State or local government property, in-22

stallation, building, base, or park. 23

‘‘(c)(1) A person who carries or possesses a concealed 24

handgun in accordance with subsections (a) and (b) may 25



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3

not be arrested or otherwise detained for violation of any 1

law or any rule or regulation of a State or any political 2

subdivision thereof related to the possession, transpor-3

tation, or carrying of firearms unless there is probable 4

cause to believe that the person is doing so in a manner 5

not provided for by this section. Presentation of facially 6

valid documents as specified in subsection (a) is prima 7

facie evidence that the individual has a license or permit 8

as required by this section. 9

‘‘(2) When a person asserts this section as a defense 10

in a criminal proceeding, the prosecution shall bear the 11

burden of proving, beyond a reasonable doubt, that the 12

conduct of the person did not satisfy the conditions set 13

forth in subsections (a) and (b). 14

‘‘(3) When a person successfully asserts this section 15

as a defense in a criminal proceeding, the court shall 16

award the prevailing defendant a reasonable attorney’s 17

fee. 18

‘‘(d)(1) A person who is deprived of any right, privi-19

lege, or immunity secured by this section, under color of 20

any statute, ordinance, regulation, custom, or usage of any 21

State or any political subdivision thereof, may bring an 22

action in any appropriate court against any other person, 23

including a State or political subdivision thereof, who 24



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4

causes the person to be subject to the deprivation, for 1

damages or other appropriate relief. 2

‘‘(2) The court shall award a plaintiff prevailing in 3

an action brought under paragraph (1) damages and such 4

other relief as the court deems appropriate, including a 5

reasonable attorney’s fee. 6

‘‘(e) In subsection (a): 7

‘‘(1) The term ‘identification document’ means 8

a document made or issued by or under the author-9

ity of the United States Government, a State, or a 10

political subdivision of a State which, when com-11

pleted with information concerning a particular indi-12

vidual, is of a type intended or commonly accepted 13

for the purpose of identification of individuals. 14

‘‘(2) The term ‘handgun’ includes any magazine 15

for use in a handgun and any ammunition loaded 16

into the handgun or its magazine. 17

‘‘(f)(1) A person who possesses or carries a concealed 18

handgun under subsection (a) shall not be subject to the 19

prohibitions of section 922(q) with respect to that hand-20

gun. 21

‘‘(2) A person possessing or carrying a concealed 22

handgun in a State under subsection (a) may do so in 23

any of the following areas in the State that are open to 24

the public: 25



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‘‘(A) A unit of the National Park System. 1

‘‘(B) A unit of the National Wildlife Refuge 2

System. 3

‘‘(C) Public land under the jurisdiction of the 4

Bureau of Land Management. 5

‘‘(D) Land administered and managed by the 6

Army Corps of Engineers. 7

‘‘(E) Land administered and managed by the 8

Bureau of Reclamation. 9

‘‘(F) Land administered and managed by the 10

Forest Service.’’. 11

(b) CLERICAL AMENDMENT.—The table of sections 12

for such chapter is amended by inserting after the item 13

relating to section 926C the following:14

‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’.

(c) SEVERABILITY.—Notwithstanding any other pro-15

vision of this title, if any provision of this section, or any 16

amendment made by this section, or the application of 17

such provision or amendment to any person or cir-18

cumstance is held to be unconstitutional, this section and 19

amendments made by this section and the application of 20

such provision or amendment to other persons or cir-21

cumstances shall not be affected thereby. 22

(d) EFFECTIVE DATE.—The amendments made by 23

this section shall take effect 90 days after the date of the 24

enactment of this Act. 25



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SEC. 102. RULE OF CONSTRUCTION. 1

Nothing in this title prohibits a law enforcement offi-2

cer with reasonable suspicion of a violation of any law 3

from conducting a brief investigative stop in accordance 4

with the Constitution of the United States. 5

SEC. 103. CERTAIN OFF-DUTY LAW ENFORCEMENT OFFI-6

CERS AND RETIRED LAW ENFORCEMENT OF-7

FICERS ALLOWED TO CARRY A CONCEALED 8

FIREARM, AND DISCHARGE A FIREARM, IN A 9

SCHOOL ZONE. 10

Section 922(q) of title 18, United States Code, is 11

amended—12

(1) in paragraph (2)(B)—13

(A) by striking ‘‘or’’ at the end of clause 14

(vi); and 15

(B) by redesignating clause (vii) as clause 16

(ix) and inserting after clause (vi) the following: 17

‘‘(vii) by an off-duty law enforcement officer 18

who is a qualified law enforcement officer (as de-19

fined in section 926B) and is authorized under such 20

section to carry a concealed firearm, if the firearm 21

is concealed; 22

‘‘(viii) by a qualified retired law enforcement of-23

ficer (as defined in section 926C) who is authorized 24

under such section to carry a concealed firearm, if 25

the firearm is concealed; or’’; and 26



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(2) in paragraph (3)(B)—1

(A) by striking ‘‘or’’ at the end of clause 2

(iii); 3

(B) by striking the period at the end of 4

clause (iv) and inserting a semicolon; and 5

(C) by adding at the end the following: 6

‘‘(v) by an off-duty law enforcement officer who 7

is a qualified law enforcement officer (as defined in 8

section 926B) and is authorized under such section 9

to carry a concealed firearm; or 10

‘‘(vi) by a qualified retired law enforcement offi-11

cer (as defined in section 926C) who is authorized 12

under such section to carry a concealed firearm.’’. 13

SEC. 104. INTERSTATE CARRYING OF FIREARMS BY FED-14

ERAL JUDGES. 15

(a) IN GENERAL.—Chapter 44 of title 18, United 16

States Code, as amended by section 101(a) of this Act, 17

is amended by inserting after section 926D the following: 18

‘‘§ 926E. Interstate carrying of firearms by Federal 19

judges 20

‘‘Notwithstanding any provision of the law of any 21

State or political subdivision thereof, a Federal judge may 22

carry a concealed firearm in any State if such judge is 23

not prohibited by Federal law from receiving a firearm.’’. 24



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(b) CLERICAL AMENDMENT.—The table of sections 1

for such chapter, as amended by section 101(b) of this 2

Act, is amended by inserting after the item relating to sec-3

tion 926D the following:4

‘‘926E. Interstate carrying of firearms by Federal judges.’’.

TITLE II—FIX NICS ACT 5

SEC. 201. SHORT TITLE. 6

This title may be cited as the ‘‘Fix NICS Act of 7

2017’’. 8

SEC. 202. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS 9

AND AGENCIES. 10

Section 103 of the Brady Handgun Violence Preven-11

tion Act (34 U.S.C. 40901) is amended—12

(1) in subsection (e)(1), by adding at the end 13

the following: 14

‘‘(F) SEMIANNUAL CERTIFICATION AND 15

REPORTING.—16

‘‘(i) IN GENERAL.—The head of each 17

Federal department or agency shall submit 18

a semiannual written certification to the 19

Attorney General indicating whether the 20

department or agency is in compliance 21

with the record submission requirements 22

under subparagraph (C). 23

‘‘(ii) SUBMISSION DATES.—The head 24

of a Federal department or agency shall 25



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9

submit a certification to the Attorney Gen-1

eral under clause (i)—2

‘‘(I) not later than July 31 of 3

each year, which shall address all rel-4

evant records, including those that 5

have not been transmitted to the At-6

torney General, in possession of the 7

department or agency during the pe-8

riod beginning on January 1 of the 9

year and ending on June 30 of the 10

year; and 11

‘‘(II) not later than January 31 12

of each year, which shall address all 13

relevant records, including those that 14

have not been transmitted to the At-15

torney General, in possession of the 16

department or agency during the pe-17

riod beginning on July 1 of the pre-18

vious year and ending on December 19

31 of the previous year. 20

‘‘(iii) CONTENTS.—A certification re-21

quired under clause (i) shall state, for the 22

applicable period—23

‘‘(I) the total number of records 24

of the Federal department or agency 25



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10

demonstrating that a person falls 1

within one of the categories described 2

in subsection (g) or (n) of section 922 3

of title 18, United States Code; 4

‘‘(II) for each category of records 5

described in subclause (I), the total 6

number of records of the Federal de-7

partment or agency that have been 8

provided to the Attorney General; and 9

‘‘(III) the efforts of the Federal 10

department or agency to ensure com-11

plete and accurate reporting of rel-12

evant records, including efforts to 13

monitor compliance and correct any 14

reporting failures or inaccuracies. 15

‘‘(G) IMPLEMENTATION PLAN.—16

‘‘(i) IN GENERAL.—Not later than 1 17

year after the date of enactment of this 18

subparagraph, the head of each Federal 19

department or agency, in coordination with 20

the Attorney General, shall establish a plan 21

to ensure maximum coordination and auto-22

mated reporting or making available of 23

records to the Attorney General as re-24

quired under subparagraph (C), and the 25



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verification of the accuracy of those 1

records, including the pre-validation of 2

those records, where appropriate, during a 3

4-year period specified in the plan. The 4

head of each Federal department or agency 5

shall update the plan biennially, to the ex-6

tent necessary, based on the most recent 7

biennial assessment under subparagraph 8

(K). The records shall be limited to those 9

of an individual described in subsection (g) 10

or (n) of section 922 of title 18, United 11

States Code. 12

‘‘(ii) BENCHMARK REQUIREMENTS.—13

Each plan established under clause (i) 14

shall include annual benchmarks to enable 15

the Attorney General to assess implemen-16

tation of the plan, including—17

‘‘(I) qualitative goals and quan-18

titative measures; 19

‘‘(II) measures to monitor inter-20

nal compliance, including any report-21

ing failures and inaccuracies; 22

‘‘(III) a needs assessment, in-23

cluding estimated compliance costs; 24

and 25



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12

‘‘(IV) an estimated date by which 1

the Federal department or agency will 2

fully comply with record submission 3

requirements under subparagraph (C). 4

‘‘(iii) COMPLIANCE DETERMINA-5

TION.—Not later than the end of each fis-6

cal year beginning after the date of the es-7

tablishment of a plan under clause (i), the 8

Attorney General shall determine whether 9

the applicable Federal department or agen-10

cy has achieved substantial compliance 11

with the benchmarks included in the plan. 12

‘‘(H) ACCOUNTABILITY.—The Attorney 13

General shall publish, including on the website 14

of the Department of Justice, and submit to the 15

Committee on the Judiciary and the Committee 16

on Appropriations of the Senate and the Com-17

mittee on the Judiciary and the Committee on 18

Appropriations of the House of Representatives 19

a semiannual report that discloses—20

‘‘(i) the name of each Federal depart-21

ment or agency that has failed to submit 22

a required certification under subpara-23

graph (F); 24



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13

‘‘(ii) the name of each Federal depart-1

ment or agency that has submitted a re-2

quired certification under subparagraph 3

(F), but failed to certify compliance with 4

the record submission requirements under 5

subparagraph (C); 6

‘‘(iii) the name of each Federal de-7

partment or agency that has failed to sub-8

mit an implementation plan under sub-9

paragraph (G); 10

‘‘(iv) the name of each Federal de-11

partment or agency that is not in substan-12

tial compliance with an implementation 13

plan under subparagraph (G); 14

‘‘(v) a detailed summary of the data, 15

broken down by department or agency, 16

contained in the certifications submitted 17

under subparagraph (F); 18

‘‘(vi) a detailed summary of the con-19

tents and status, broken down by depart-20

ment or agency, of the implementation 21

plans established under subparagraph (G); 22

and 23

‘‘(vii) the reasons for which the Attor-24

ney General has determined that a Federal 25



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14

department or agency is not in substantial 1

compliance with an implementation plan 2

established under subparagraph (G). 3

‘‘(I) NONCOMPLIANCE PENALTIES.—For 4

each of fiscal years 2019 through 2022, each 5

political appointee of a Federal department or 6

agency that has failed to certify compliance 7

with the record submission requirements under 8

subparagraph (C), and is not in substantial 9

compliance with an implementation plan estab-10

lished under subparagraph (G), shall not be eli-11

gible for the receipt of bonus pay, excluding 12

overtime pay, until the department or agency—13

‘‘(i) certifies compliance with the 14

record submission requirements under sub-15

paragraph (C); or 16

‘‘(ii) achieves substantial compliance 17

with an implementation plan established 18

under subparagraph (G). 19

‘‘(J) TECHNICAL ASSISTANCE.—The Attor-20

ney General may use funds made available for 21

the national instant criminal background check 22

system established under subsection (b) to pro-23

vide technical assistance to a Federal depart-24

ment or agency, at the request of the depart-25



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15

ment or agency, in order to help the depart-1

ment or agency comply with the record submis-2

sion requirements under subparagraph (C). 3

‘‘(K) BIENNIAL ASSESSMENT.—Every 2 4

years, the Attorney General shall assess the ex-5

tent to which the actions taken under the title 6

II of the Concealed Carry Reciprocity Act of 7

2017 have resulted in improvements in the sys-8

tem established under this section. 9

‘‘(L) APPLICATION TO FEDERAL 10

COURTS.—For purposes of this paragraph—11

‘‘(i) the terms ‘department or agency 12

of the United States’ and ‘Federal depart-13

ment or agency’ include a Federal court; 14

and 15

‘‘(ii) the Director of the Administra-16

tive Office of the United States Courts 17

shall perform, for a Federal court, the 18

functions assigned to the head of a depart-19

ment or agency.’’; and 20

(2) in subsection (g), by adding at the end the 21

following: ‘‘For purposes of the preceding sentence, 22

not later than 60 days after the date on which the 23

Attorney General receives such information, the At-24

torney General shall determine whether or not the 25



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16

prospective transferee is the subject of an erroneous 1

record and remove any records that are determined 2

to be erroneous. In addition to any funds made 3

available under subsection (k), the Attorney General 4

may use such sums as are necessary and otherwise 5

available for the salaries and expenses of the Federal 6

Bureau of Investigation to comply with this sub-7

section.’’. 8

SEC. 203. NICS ACT RECORD IMPROVEMENT PROGRAM. 9

(a) REQUIREMENTS TO OBTAIN WAIVER.—Section 10

102 of the NICS Improvement Amendments Act of 11

2007(34 U.S.C. 40912) is amended—12

(1) in subsection (a), in the first sentence—13

(A) by striking ‘‘the Crime Identification 14

Technology Act of 1988 (42 U.S.C. 14601)’’ 15

and inserting ‘‘section 102 of the Crime Identi-16

fication Technology Act of 1998 (34 U.S.C. 17

40301)’’; and 18

(B) by inserting ‘‘is in compliance with an 19

implementation plan established under sub-20

section (b) or’’ before ‘‘provides at least 90 per-21

cent of the information described in subsection 22

(c)’’; and 23



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(2) in subsection (b)(1)(B), by inserting ‘‘or 1

has established an implementation plan under sec-2

tion 107’’ after ‘‘the Attorney General’’. 3

(b) IMPLEMENTATION ASSISTANCE TO STATES.—4

Section 103 of the NICS Improvement Amendments Act 5

of 2007 (34 U.S.C. 40913) is amended—6

(1) in subsection (b)(3), by inserting before the 7

semicolon at the end the following: ‘‘, including 8

through increased efforts to pre-validate the contents 9

of those records to expedite eligibility determina-10

tions’’; 11

(2) in subsection (e), by striking paragraph (2) 12

and inserting the following: 13

‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN-14

TION INITIATIVE.—15

‘‘(A) ESTABLISHMENT.—For each of fiscal 16

years 2018 through 2022, the Attorney General 17

shall create a priority area under the NICS Act 18

Record Improvement Program (commonly 19

known as ‘NARIP’) for a Domestic Abuse and 20

Violence Prevention Initiative that emphasizes 21

the need for grantees to identify and upload all 22

felony conviction records and domestic violence 23

records. 24

‘‘(B) FUNDING.—The Attorney General—25



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18

‘‘(i) may use not more than 50 per-1

cent of the amounts made available under 2

section 207 of the Concealed Carry Reci-3

procity Act of 2017 for each of fiscal years 4

2018 through 2022 to carry out the initia-5

tive described in subparagraph (A); and 6

‘‘(ii) shall give a funding preference 7

under NARIP to States that—8

‘‘(I) have established an imple-9

mentation plan under section 107; 10

and 11

‘‘(II) will use amounts made 12

available under this subparagraph to 13

improve efforts to identify and upload 14

all felony conviction records and do-15

mestic violence records described in 16

clauses (i), (v), and (vi) of section 17

102(b)(1)(C) by not later than Sep-18

tember 30, 2022.’’; and 19

(3) by adding at the end the following: 20

‘‘(g) TECHNICAL ASSISTANCE.—The Attorney Gen-21

eral shall direct the Office of Justice Programs, the Bu-22

reau of Alcohol, Tobacco, Firearms, and Explosives, and 23

the Federal Bureau of Investigation to—24



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19

‘‘(1) assist States that are not currently eligible 1

for grants under this section to achieve compliance 2

with all eligibility requirements; and 3

‘‘(2) provide technical assistance and training 4

services to grantees under this section.’’. 5

SEC. 204. NATIONAL CRIMINAL HISTORY IMPROVEMENT 6

PROGRAM. 7

(a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE 8

IDENTIFICATION, INFORMATION, AND COMMUNICA-9

TION.—Section 102 of the Crime Identification Tech-10

nology Act of 1998 (34 U.S.C. 40301) is amended—11

(1) in subsection (a)(3)—12

(A) by redesignating subparagraphs (C), 13

(D), and (E) as subparagraphs (D), (E), and 14

(F), respectively; and 15

(B) by inserting after subparagraph (B) 16

the following: 17

‘‘(C) identification of all individuals who 18

have been convicted of a crime punishable by 19

imprisonment for a term exceeding 1 year’’; 20

(2) in subsection (b)(6)—21

(A) by striking ‘‘(18 U.S.C. 922 note)’’ 22

and inserting ‘‘(34 U.S.C. 40901(b))’’; and 23

(B) by inserting before the semicolon at 24

the end the following: ‘‘, including through in-25



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20

creased efforts to pre-validate the contents of 1

felony conviction records and domestic violence 2

records to expedite eligibility determinations, 3

and measures and resources necessary to estab-4

lish and achieve compliance with an implemen-5

tation plan under section 107 of the NICS Im-6

provement Amendments Act of 2007’’; and 7

(3) in subsection (d), by inserting after ‘‘un-8

less’’ the following: ‘‘the State has achieved compli-9

ance with an implementation plan under section 107 10

of the NICS Improvement Amendments Act of 2007 11

or’’. 12

(b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL 13

RECORDS.—Section 106(b)(1) of the Brady Handgun Vio-14

lence Prevention Act (34 U.S.C. 40302(1)) is amended—15

(1) in the matter preceding subparagraph (A)—16

(A) by striking ‘‘as of the date of enact-17

ment of this Act’’ and inserting ‘‘, as of the 18

date of enactment of the Concealed Carry Reci-19

procity Act of 2017,’’; and 20

(B) by striking ‘‘files,’’ and inserting the 21

following: ‘‘files and that will utilize funding 22

under this subsection to prioritize the identifica-23

tion and transmittal of felony conviction records 24

and domestic violence records,’’; 25



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21

(2) in subparagraph (B), by striking ‘‘and’’ at 1

the end; 2

(3) in subparagraph (C)—3

(A) by striking ‘‘upon establishment of the 4

national system,’’; and 5

(B) by striking the period at the end and 6

inserting ‘‘; and’’; and 7

(4) by adding at the end the following—8

‘‘(D) to establish and achieve compliance 9

with an implementation plan under section 107 10

of the NICS Improvement Amendments Act of 11

2007.’’. 12

SEC. 205. IMPROVING INFORMATION SHARING WITH THE 13

STATES. 14

(a) IN GENERAL.—Title I of the NICS Improvement 15

Amendments Act of 2007 (34 U.S. 40911 et seq.) is 16

amended by adding at the end the following: 17

‘‘SEC. 107. IMPLEMENTATION PLAN. 18

‘‘(a) IN GENERAL.—Not later than 1 year after the 19

date of enactment of the Concealed Carry Reciprocity Act 20

of 2017, the Attorney General, in coordination with the 21

States and Indian tribal governments, shall establish, for 22

each State or Indian tribal government, a plan to ensure 23

maximum coordination and automation of the reporting 24

or making available of appropriate records to the National 25



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22

Instant Criminal Background Check System established 1

under section 103 of the Brady Handgun Violence Preven-2

tion Act (34 U.S.C. 40901) and the verification of the ac-3

curacy of those records during a 4-year period specified 4

in the plan, and shall update the plan biennially, to the 5

extent necessary, based on the most recent biennial assess-6

ment under subsection (f). The records shall be limited 7

to those of an individual described in subsection (g) or 8

(n) of section 922 of title 18, United States Code 9

‘‘(b) BENCHMARK REQUIREMENTS.—Each plan es-10

tablished under this section shall include annual bench-11

marks to enable the Attorney General to assess the imple-12

mentation of the plan, including—13

‘‘(1) qualitative goals and quantitative meas-14

ures; and 15

‘‘(2) a needs assessment, including estimated 16

compliance costs. 17

‘‘(c) COMPLIANCE DETERMINATION.—Not later than 18

the end of each fiscal year beginning after the date of the 19

establishment of an implementation plan under this sec-20

tion, the Attorney General shall determine whether each 21

State or Indian tribal government has achieved substantial 22

compliance with the benchmarks included in the plan. 23

‘‘(d) ACCOUNTABILITY.—The Attorney General—24



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23

‘‘(1) shall disclose and publish, including on the 1

website of the Department of Justice—2

‘‘(A) the name of each State or Indian 3

tribal government that received a determination 4

of failure to achieve substantial compliance with 5

an implementation plan under subsection (c) for 6

the preceding fiscal year; and 7

‘‘(B) a description of the reasons for which 8

the Attorney General has determined that the 9

State or Indian tribal government is not in sub-10

stantial compliance with the implementation 11

plan, including, to the greatest extent possible, 12

a description of the types and amounts of 13

records that have not been submitted; and 14

‘‘(2) if a State or Indian tribal government de-15

scribed in paragraph (1) subsequently receives a de-16

termination of substantial compliance, shall—17

‘‘(A) immediately correct the applicable 18

record; and 19

‘‘(B) not later than 3 days after the deter-20

mination, remove the record from the website of 21

the Department of Justice and any other loca-22

tion where the record was published. 23

‘‘(e) INCENTIVES.—For each of fiscal years 2018 24

through 2022, the Attorney General shall give affirmative 25



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24

preference to all Bureau of Justice Assistance discre-1

tionary grant applications of a State or Indian tribal gov-2

ernment that received a determination of substantial com-3

pliance under subsection (c) for the fiscal year in which 4

the grant was solicited. 5

‘‘(f) BIENNIAL ASSESSMENT.—Every 2 years, the At-6

torney General shall assess the extent to which the actions 7

taken under title II of the Concealed Carry Reciprocity 8

Act of 2017 have resulted in improvements in the National 9

Instant Criminal Background Check System established 10

under section 103 of the Brady Handgun Violence Preven-11

tion Act (34 U.S.C. 40903). 12

‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGEN-13

CIES OF PROHIBITED PURCHASE OF A FIRE-14

ARM. 15

‘‘(a) IN GENERAL.—In the case of a background 16

check conducted by the National Instant Criminal Back-17

ground Check System pursuant to the request of a li-18

censed importer, licensed manufacturer, or licensed dealer 19

of firearms (as such terms are defined in section 921 of 20

title 18, United States Code), which background check de-21

termines that the receipt of a firearm by a person would 22

violate subsection (g) or (n) of section 922 of title 18, 23

United States Code, and such determination is made after 24

3 business days have elapsed since the licensee contacted 25



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25

the System and a firearm has been transferred to that 1

person, the System shall notify the law enforcement agen-2

cies described in subsection (b). 3

‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.—4

The law enforcement agencies described in this subsection 5

are the law enforcement agencies that have jurisdiction 6

over the location from which the licensee contacted the 7

system and the law enforcement agencies that have juris-8

diction over the location of the residence of the person for 9

which the background check was conducted, as follows: 10

‘‘(1) The field office of the Federal Bureau of 11

Investigation. 12

‘‘(2) The local law enforcement agency. 13

‘‘(3) The State law enforcement agency.’’. 14

(b) TABLE OF CONTENTS.—The table of contents in 15

section 1(b) of the NICS Improvement Amendments Act 16

of 2007 (Public Law 110–180; 121 Stat. 2559) is amend-17

ed by inserting after the item relating to section 106 the 18

following:19

‘‘Sec. 107. Implementation plan.

‘‘Sec. 108. Notification to law enforcement agencies of prohibited purchase of

a firearm.’’.

SEC. 206. ATTORNEY GENERAL REPORT ON USE OF BUMP 20

STOCKS IN CRIME. 21

(a) IN GENERAL.—Using amounts made available for 22

research, evaluation, or statistical purposes, within 180 23

days after the date of the enactment of this Act, the Attor-24



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26

ney General shall prepare and submit to the Committee 1

on the Judiciary of the House of Representatives and the 2

Committee on the Judiciary of the Senate a written report 3

that—4

(1) specifies the number of instances in which 5

a bump stock has been used in the commission of a 6

crime in the United States; 7

(2) specifies the types of firearms with which a 8

bump stock has been so used; and 9

(3) contains the opinion of the Attorney Gen-10

eral as to whether subparagraphs (B)(i) and (C)(i) 11

of section 924(c)(1) of title 18, United States Code, 12

apply to all instances in which a bump stock has 13

been used in the commission of a crime of violence 14

in the United States. 15

(b) DEFINITION OF BUMP STOCK.—In this section, 16

the term ‘‘bump stock’’ means a device that—17

(1) attaches to a semiautomatic rifle (as defined 18

in section 921(a)(28) of title 18, United States 19

Code); 20

(2) is designed and intended to repeatedly acti-21

vate the trigger without the deliberate and volitional 22

act of the user pulling the trigger each time the fire-23

arm is fired; and 24



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27

(3) functions by continuous forward pressure 1

applied to the rifle’s fore end in conjunction with a 2

linear forward and backward sliding motion of the 3

mechanism utilizing the recoil energy when the rifle 4

is discharged. 5

SEC. 207. AUTHORIZATIONS OF APPROPRIATIONS. 6

(a) IN GENERAL.—There is authorized to be appro-7

priated $100,000,000 for each of fiscal years 2018 8

through 2022 to carry out, in accordance with the NICS 9

Act Record Improvement Program and the National 10

Criminal History Improvement Program, the activities 11

under—12

(1) section 102 of the NICS Improvement 13

Amendments Act of 2007; 14

(2) section 103 of the NICS Improvement 15

Amendments Act of 2007; 16

(3) section 102 of the Crime Identification 17

Technology Act of 1998; and 18

(4) section 106(b) of the Brady Handgun Vio-19

lence Prevention Act. 20

(b) ADDITIONAL AUTHORIZATIONS.—Section 21

1001(a) of the Omnibus Crime Control and Safe Streets 22

Act of 1968 (34 U.S.C. 10261(a)) is amended—23

(1) in paragraph (1)—24



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28

(A) by striking ‘‘$33,000,000’’ and insert-1

ing ‘‘$31,000,000’’; 2

(B) by striking ‘‘1994 and 1995’’ and in-3

serting ‘‘2018 through 2022’’; and 4

(C) by inserting ‘‘, in addition to any 5

amounts otherwise made available for research, 6

evaluation or statistical purposes in a fiscal 7

year’’ before the period; and 8

(2) in paragraph (2)—9

(A) by striking ‘‘$33,000,000’’ and insert-10

ing ‘‘$27,000,000’’; 11

(B) by striking ‘‘1994 and 1995’’ and in-12

serting ‘‘2018 through 2022’’; and 13

(C) by inserting ‘‘, in addition to any 14

amounts otherwise made available for research, 15

evaluation or statistical purposes in a fiscal 16

year’’ before the period. 17

◊



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