,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cbi  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bb1 #bjac  
,mr4 ,fitzpatrick introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to amend the ,,nics            
,improvement ,amendments ,act of #bjjg  
to encourage ,states to provide records 
to the ,national ,instant ,background   
,check ,system4  #a4 ,short title ,this 
,act may be cited as the ,strengthening 
,background ,checks ,act of #bjac4  #b4 
,penalties for ,states that do not make 
data available to the ,national ,instant
 ,criminal ,background ,check ,system   
7a7 ,increased mandatory penalties      
,section #ajd7;b7 of the ,,nics         
,improvement ,amendments ,act of #bjjg  
7#ah ,u4,s4,c4 #ibb note7 is amended by 
striking paragraph 7#c7 and inserting   
after paragraph 7#b7 the following new  
paragraphs3  7#c7 ,increased mandatory  
reductions ,notwithstanding paragraphs  
7#a7 and 7#b71 after the expiration of  

the period referred to in section       
#ajg7;b71 the ,attorney ,general shall  
withhold #aj percent of the amount that 
would otherwise be allocated to a ,state
 under section #eje of title ,i of the  
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#db ,u4,s4,c4   
#cgee71 if--  7,a7 the ,state fails to  
comply with section #ajg2 or  7,b7 the  
,state provides less than #ij percent of
 the records required to be provided    
under sections #ajb and #ajc4  7#d7     
,waivers by ,attorney ,general ,the     
,attorney ,general may--  7,a7 waive the
 applicability of paragraph 7#b7 to a   
,state if the ,state provides           
substantial evidence1 as determined by  
the ,attorney ,general1 that the ,state 
is making a reasonable effort to comply 
with the requirements of sections #ajb  
and #ajc1 including an inability to     
comply due to court order or other legal
 restriction2  7,b7 waive the           
applicability of paragraph 7#c7 to a    
,state for one year if the ,state       

provides substantial evidence1 as       
determined by the ,attorney ,general1   
that the ,state is making a reasonable  
effort to comply with the requirements  
of sections #ajb1 #ajc1 and #ajg1       
including an inability to comply due to 
court order1 conflicts between section  
#ajg and the constitution of the ,state1
 or other legal restriction2 and  7,c7  
waive the applicability of paragraph    
7#c71 in part1 to a ,state for which the
 waiver period under subparagraph 7,b7  
has expired1 for additional one-year    
periods1 if--  7i7 the ,state provides  
substantial evidence1 as determined by  
the ,attorney ,general1 that the ,state 
is making a reasonable effort to comply 
with the requirements of sections #ajb1 
#ajc1 and #ajg1 including an inability  
to comply due to court order1 conflicts 
between section #ajg and the            
constitution of the ,state1 or other    
legal restriction2 and  7ii7 the        
,attorney ,general withholds #e percent 
of the amount that would otherwise be   

allocated to a ,state under section #eje
 of title ,i of the ,omnibus ,crime     
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgee7 for each    
such one-year period4  4  7b7 ,state    
laws requiring provision of records     
,title ,i of the ,,nics ,improvement    
,amendments ,act of #bjjg 7#ah ,u4,s4,c4
 #ibb note7 is further amended by       
inserting after section #ajf the        
following new section3  #ajg4 ,state    
laws requiring provision of records  7a7
 ,in ,general ,for each fiscal year     
after the expiration of the period      
specified in subsection 7b71 the ,state 
shall have in effect throughout the     
,state laws and policies that--  7#a7   
require the ,state to provide to the    
,attorney ,general not less than #ij    
percent of the records required to be   
provided under sections #ajb and #ajc2  
and  7#b7 require the ,state to provide 
such records to the ,attorney ,general  
in the same manner1 or in a manner      
substantially similar to1 the manner in 

which such records are required to be   
provided by the ,state under such       
sections4  7b7 ,compliance period ,each 
,state shall have not more than #b years
 from the date of enactment of the      
,strengthening ,background ,checks ,act 
of #bjac in which to fully implement    
this section4  4  7c7 ,authorization and
 appropriation for implementation       
assistance to ,states  7#a7             
,authorization of appropriations        
,section #ajc7;e7 of the ,,nics         
,improvement ,amendments ,act of #bjjg  
7#ah ,u4,s4,c4 #ibb note7 is amended--  
7,a7 in paragraph 7#a71 by striking     
#abe1jjj1jjj for fiscal year #bjab and  
all that follows and inserting and      
#abe1jjj1jjj for each of fiscal years   
#bjab through #bjae42 and  7,b7 in      
paragraph 7#b71 by striking fiscal years
 #bjaa1 #bjab1 and #bjac and inserting  
each of fiscal years #bjaa through      
#bjae4  7#b7 ,appropriation  7,a7 ,in   
general ,there are hereby appropriated  
for the first fiscal year beginning     

after the date of enactment of this     
,act1 out of funds in the ,treasury not 
otherwise appropriated1 #abe1jjj1jjj to 
carry out the grant program authorized  
under section #ajc of the ,,nics        
,improvement ,amendments ,act of #bjjg  
7#ah ,u4,s4,c4 #ibb note74  7,b7 ,offset
 ,of the unobligated balances available 
under the ,department of ,justice       
,assets ,forfeiture ,fund1 #abe1jjj1jjj 
are permanently cancelled4