,,ii  #aadth ,,congress  #ast ,session  
,s4 #baib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #ba1  
#bjae ,mr4 ,schumer introduced the      
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to ensure that  
,states submit all records of           
individuals who should be prohibited    
from buying a firearm to the national   
instant criminal background check       
system4  #a4 ,short title  ,this ,act   
may be cited as the ,,nics ,reporting   
,improvement ,act4  #b4 ,penalties for  
,states that do not make data           
electronically available to the national
 instant criminal background check      
,section #ajb7;b7 of the ,,nics         
,improvement ,amendments ,act of #bjjg  
7#ah ,u4,s4,c4 #ibb note7 is amended to 
read as follows3  7b7 ,implementation   
plan  7#a7 ,in general ,not later than  
#a year after the date of enactment of  
this subsection1 the ,attorney ,general1
 in coordination with the ,states1 shall

 establish for each ,state or ,indian   
tribal government1 a plan to ensure     
maximum coordination and automation of  
the reporting of records or making of   
records available to the ,national      
,instant ,criminal ,background ,check   
,system1 during a #d-year period        
specified in the plan4  7#b7 ,benchmark 
requirements ,each plan required under  
paragraph 7#a7 shall include annual     
benchmarks1 including qualitative goals 
and quantitative measures1 to enable the
 ,attorney ,general to assess           
implementation of the plan4  7#c7       
,penalties for non-compliance  7,a7 ,in 
general ,during the #d-year period      
covered by the plan required under      
paragraph 7#a71 the ,attorney ,general  
shall withhold--  7i7 #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 #cgee7 if the      
,state does not meet the benchmark      

established pursuant to paragraph 7#b7  
for the first year in the #d-year       
period2  7ii7 #aa 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 if the ,state does not meet the  
benchmark established pursuant to       
paragraph 7#b7 for the second year in   
the #d-year period2  7iii7 #ac percent  
of the amount that would otherwise be   
allocated to a ,state under section #eje
 of title ,i the ,omnibus ,crime        
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgee7 if the      
,state does not meet the benchmark      
established pursuant to paragraph 7#b7  
for the third year in the #d-year       
period2 and  7iv7 #ae 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 if the ,state does not 

meet the benchmark established pursuant 
to paragraph 7#b7 for the fourth year in
 the #d-year period4  7,b7 ,failure to  
establish a plan ,a ,state with respect 
to which a plan is not established under
 paragraph 7#a7 shall be treated as     
having not met any benchmark established
 pursuant to paragraph 7#b74  7#d7      
,annual doj report ,not later than #a   
year after the date of enactment of this
 subsection1 and each year thereafter1  
the ,attorney ,general shall publish a  
report on the website of the ,department
 of ,justice on whether each ,state is  
in compliance with the benchmarks       
established pursuant to paragraph 7#b74 
4  #c4 ,grants incentives to ,states for
 improvement of coordination and        
automation of ,,nics record reporting   
7a7 ,in general ,the ,,nics ,improvement
 ,amendments ,act of #bjjg 7#ah         
,u4,s4,c4 #ibb note7 is amended-- 7#a7  
by striking section #ajc and inserting  
the following3  #ajc4 ,grants to ,states
 for improvement of coordination and    

automation of ,,nics record reporting   
7a7 ,authorization ,from amounts made   
available to carry out this section1 the
 ,attorney ,general shall make grants to
 ,states1 ,indian tribal governments1   
and ,state court systems1 in a manner   
consistent with the ,national ,criminal 
,history ,improvement ,program and      
consistent with ,state plans for        
integration1 automation1 and            
accessibility of criminal history       
records1 for use by the ,state1 or units
 of local government of the ,state1     
,indian tribal government1 or ,state    
court system to improve the automation  
and transmittal of any records that     
identify persons who are prohibited from
 possessing or receiving a firearm under
 section #ibb7;g7 of title #ah1 ,united 
,states ,code1 in accordance with       
section #ajb and the ,national ,criminal
 ,history ,improvement ,program4  7b7   
,use of grant amounts ,grants awarded to
 ,states1 ,indian tribal governments1 or
 ,state court systems under this section

 may only be used to--  7#a7 carry out1 
as necessary1 assessments of the        
capabilities of the courts of the ,state
 or ,indian tribal government for the   
automation and transmission of arrest   
and conviction records1 court orders    
including those for domestic violence1  
and mental health adjudications or      
commitments to ,federal and ,state      
record repositories2  7#b7 implement    
policies1 systems1 and procedures for   
the automation and transmission of      
arrest and conviction records1 court    
orders including those for domestic     
violence1 and mental health             
adjudications or commitments to ,federal
 and ,state record repositories2  7#c7  
create electronic systems that provide  
accurate and up-to-date information     
which is directly related to checks     
under the ,national ,instant ,criminal  
,background ,check ,system1 including   
court disposition and corrections       
records2  7#d7 assist ,states or ,indian
 tribal governments in establishing or  

enhancing their own capacities to       
perform background checks using the     
,national ,instant ,criminal ,background
 ,check ,system2 and  7#e7 develop and  
maintain the relief from disabilities   
program in accordance with section #aje4
  7c7 ,eligibility ,to be eligible for a
 grant under this section1 a ,state1    
,indian tribal government1 or ,state    
court system shall certify1 to the      
satisfaction of the ,attorney ,general1 
that the ,state1 ,indian tribal         
government1 or ,state court system is   
not prohibited by ,state law or court   
order from submitting mental health     
records to the ,national ,instant       
,criminal ,background ,check ,system4   
7d7 ,federal share  7#a7 ,studies1      
assessments1 non-material activities    
,the ,federal share of a study1         
assessment1 creation of a task force1 or
 other non-material activity1 as        
determined by the ,attorney ,general1   
carried out with a grant under this     
section shall be not more than #be      

percent4  7#b7 ,infrastructure or system
 development ,the ,federal share of an  
activity involving infrastructure or    
system development1 including           
labor-related costs1 for the purpose of 
improving ,state or ,indian tribal      
government record reporting to the      
,national ,instant ,criminal ,background
 ,check ,system carried out with a grant
 under this section may amount to #ajj  
percent of the cost of the activity4    
7e7 ,grants to ,indian tribes ,up to #e 
percent of the grant funding available  
under this section may be reserved for  
,indian tribal governments for use by   
,indian tribal judicial systems4  7f7   
,preferential consideration ,in awarding
 grants under this section1 the         
,attorney ,general shall give           
preferential consideration to a ,state  
or ,indian tribal government that has-- 
7#a7 successfully met the benchmarks    
established under section #ajb7;b77#b72 
and  7#b7 implemented a relief from     
disabilities program in accordance with 

section #aje4  7g7 ,authorization of    
appropriations ,there are authorized to 
be appropriated to carry out this       
section #ajj1jjj1jjj for each of fiscal 
years #bjaf through #bjbj4  2  7#b7 by  
striking title ,,iii2 and  7#c7 in      
section #dja7;b71 by inserting after of 
this ,act the following3 and #ah months 
after the date of enactment of the      
,,nics ,reporting ,improvement ,act4    
7b7 ,technical and conforming amendment 
,the table of sections in section #a7;b7
 of the ,,nics ,improvement ,amendments 
,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 
is amended--  7#a7 by striking the item 
relating to section #ajc and inserting  
the following3  ,sec4 #ajc4 ,grants to  
,states for improvement of coordination 
and automation of ,,nics record         
reporting4  2  7#b7 by striking the item
 relating to title ,,iii2 and  7#c7 by  
striking the item relating to section   
#cja4  #d4 ,effective date ,the         
amendments made by this ,act shall take 
effect #ahj days after the date of      

enactment of this ,act4