,,ii #aaeth ,,congress #ast ,session ,s4 #bace ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjag ,mr4 ,cornyn 7for himself1 ,mr4 ,murphy1 ,mr4 ,scott1 ,mr4 ,blumenthal1 ,mr4 ,hatch1 ,mrs4 ,feinstein1 ,mr4 ,heller1 and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to enforce current law regarding the ,national ,instant ,criminal ,background ,check ,system4 #a4 ,short title ,this ,act may be cited as the ,fix ,,nics ,act of #bjag4 #b4 ,accountability for ,federal departments and agencies ,section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7 is amended-- 7#a7 in subsection 7e77#a71 by adding at the end the following3 7,f7 ,semiannual certification and reporting 7i7 ,in general ,the head of each ,federal department or agency shall submit a semiannual written certification to the ,attorney ,general indicating whether the department or agency is in compliance with the record submission requirements under subparagraph 7,c74 7ii7 ,submission dates ,the head of a ,federal department or agency shall submit a certification to the ,attorney ,general under clause 7i7-- 7,i7 not later than ,july #ca of each year1 which shall address all relevant records1 including those that have not been transmitted to the ,attorney ,general1 in possession of the department or agency during the period beginning on ,january #a of the year and ending on ,june #cj of the year2 and 7,,ii7 not later than ,january #ca of each year1 which shall address all relevant records1 including those that have not been transmitted to the ,attorney ,general1 in possession of the department or agency during the period beginning on ,july #a of the previous year and ending on ,december #ca of the previous year4 7iii7 ,contents ,a certification required under clause 7i7 shall state1 for the applicable period-- 7,i7 the total number of records of the ,federal department or agency demonstrating that a person falls within one of the categories described in subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code2 7,,ii7 for each category of records described in subclause 7,i71 the total number of records of the ,federal department or agency that have been provided to the ,attorney ,general2 and 7,,iii7 the efforts of the ,federal department or agency to ensure complete and accurate reporting of relevant records1 including efforts to monitor compliance and correct any reporting failures or inaccuracies4 7,g7 ,implementation plan 7i7 ,in general ,not later than #a year after the date of enactment of this subparagraph1 the head of each ,federal department or agency1 in coordination with the ,attorney ,general1 shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the ,attorney ,general as required under subparagraph 7,c71 and the verification of the accuracy of those records1 including the pre-validation of those records1 where appropriate1 during a #d-year period specified in the plan4 ,the records shall be limited to those of an individual described in subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 7ii7 ,benchmark requirements ,each plan established under clause 7i7 shall include annual benchmarks to enable the ,attorney ,general to assess implementation of the plan1 including-- 7,i7 qualitative goals and quantitative measures2 7,,ii7 measures to monitor internal compliance1 including any reporting failures and inaccuracies2 7,,iii7 a needs assessment1 including estimated compliance costs2 and 7,,iv7 an estimated date by which the ,federal department or agency will fully comply with record submission requirements under subparagraph 7,c74 7iii7 ,compliance determination ,not later than the end of each fiscal year beginning after the date of the establishment of a plan under clause 7i71 the ,attorney ,general shall determine whether the applicable ,federal department or agency has achieved substantial compliance with the benchmarks included in the plan4 7,h7 ,accountability ,the ,attorney ,general shall publish1 including on the website of the ,department of ,justice1 and submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives a semiannual report that discloses-- 7i7 the name of each ,federal department or agency that has failed to submit a required certification under subparagraph 7,f72 7ii7 the name of each ,federal department or agency that has submitted a required certification under subparagraph 7,f71 but failed to certify compliance with the record submission requirements under subparagraph 7,c72 7iii7 the name of each ,federal department or agency that has failed to submit an implementation plan under subparagraph 7,g72 7iv7 the name of each ,federal department or agency that is not in substantial compliance with an implementation plan under subparagraph 7,g72 7v7 a detailed summary of the data1 broken down by department or agency1 contained in the certifications submitted under subparagraph 7,f72 7vi7 a detailed summary of the contents and status1 broken down by department or agency1 of the implementation plans established under subparagraph 7,g72 and 7vii7 the reasons for which the ,attorney ,general has determined that a ,federal department or agency is not in substantial compliance with an implementation plan established under subparagraph 7,g74 7,i7 ,noncompliance penalties ,for each of fiscal years #bjai through #bjbb1 each political appointee of a ,federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph 7,c71 and is not in substantial compliance with an implementation plan established under subparagraph 7,g71 shall not be eligible for the receipt of bonus pay1 excluding overtime pay1 until the department or agency-- 7i7 certifies compliance with the record submission requirements under subparagraph 7,c72 or 7ii7 achieves substantial compliance with an implementation plan established under subparagraph 7,g74 7,j7 ,technical assistance ,the ,attorney ,general may use funds made available for the national instant criminal background check system established under subsection 7b7 to provide technical assistance to a ,federal department or agency1 at the request of the department or agency1 in order to help the department or agency comply with the record submission requirements under subparagraph 7,c74 7,k7 ,application to ,federal courts ,for purposes of this paragraph-- 7i7 the terms department or agency of the ,united ,states and ,federal department or agency include a ,federal court2 and 7ii7 the ,director of the ,administrative ,office of the ,united ,states ,courts shall perform1 for a ,federal court1 the functions assigned to the head of a department or agency4 2 and 7#b7 in subsection 7g71 by adding at the end the following3 ,for purposes of the preceding sentence1 not later than #fj days after the date on which the ,attorney ,general receives such information1 the ,attorney ,general shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous4 ,in addition to any funds made available under subsection 7k71 the ,attorney ,general may use such sums as are necessary and otherwise available for the salaries and expenses of the ,federal ,bureau of ,investigation to comply with this subsection44 #c4 ,reauthorization of ,,nics ,act ,record ,improvement ,program 7a7 ,requirements ,to obtain waiver ,section #ajb of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiab7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking the ,crime ,identification ,technology ,act of #aihh 7#db ,u4,s4,c4 #adfja7 and inserting section #ajb of the ,crime ,identification ,technology ,act of #aiih 7#cd ,u4,s4,c4 #djcja72 and 7,b7 by inserting is in compliance with an implementation plan established under subsection 7b7 or before provides at least #ij percent of the information described in subsection 7c72 and 7#b7 in subsection 7b77#a77;,b71 by inserting or has established an implementation plan under section #ajg after the ,attorney ,general4 7b7 ,implementation assistance to ,states ,section #ajc of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiac7 is amended-- 7#a7 in subsection 7b77#c71 by inserting before the semicolon at the end the following3 1 including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and2 and 7ii7 by inserting before the period at the end the following3 1 and #abe1jjj1jjj for each of fiscal years #bjah through #bjbb2 and 7,b7 by striking paragraph 7#b7 and inserting the following-- 7#b7 ,domestic ,abuse and ,violence ,prevention ,initiative 7,a7 ,establishment ,for each of fiscal years #bjah through #bjbb1 the ,attorney ,general shall create a priority area under the ,,nics ,act ,record ,improvement ,program 7commonly known as ,,narip7 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 records4 7,b7 ,funding ,the ,attorney ,general-- 7i7 may use not more than #ej percent of the amounts made available under this subsection for each of fiscal years #bjah through #bjbb to carry out the initiative described in subparagraph 7,a72 and 7ii7 shall give a funding preference under ,,narip to ,states that-- 7,i7 have established an implementation plan under section #ajg2 and 7,,ii7 will use amounts made available under this subparagraph to improve efforts to identify and upload all felony conviction records and domestic violence records described in clauses 7i71 7v71 and 7vi7 of section #ajb7;b77#a77;,c7 by not later than ,september #cj1 #bjbb4 2 and 7#c7 by adding at the end the following3 7g7 ,technical assistance ,the ,attorney ,general shall direct the ,office of ,justice ,programs1 the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 and the ,federal ,bureau of ,investigation to-- 7#a7 assist ,states that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements2 and 7#b7 provide technical assistance and training services to grantees under this section4 4 #d4 ,reauthorization of the ,national ,criminal ,history ,improvement ,program 7a7 ,state grant program for criminal justice identification1 information1 and communication ,section #ajb of the ,crime ,identification ,technology ,act of #aiih 7#cd ,u4,s4,c4 #djcja7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by redesignating subparagraphs 7,c71 7,d71 and 7,e7 as subparagraphs 7,d71 7,e71 and 7,f71 respectively2 and 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding #a year 2 7#b7 in subsection 7b77#f7-- 7,a7 by striking 7#ah ,u4,s4,c4 #ibb note7 and inserting 7#cd ,u4,s4,c4 #djija7;b772 and 7,b7 by inserting before the semicolon at the end the following3 1 including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations1 and measures and resources necessary to establish and achieve compliance with an implementation plan under section #ajg of the ,,nics ,improvement ,amendments ,act of #bjjg2 7#c7 in subsection 7d71 by inserting after unless the following3 the ,state has achieved compliance with an implementation plan under section #ajg of the ,,nics ,improvement ,amendments ,act of #bjjg or2 and 7#d7 in subsection 7e77#a71 by striking #bjjb through #bjjg and inserting #bjah through #bjbb4 7b7 ,grants for the improvement of criminal records ,section #ajf7;b77#a7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djcjb7a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a7-- 7,a7 by striking as of the date of enactment of this ,act and inserting 1 as of the date of enactment of the ,fix ,,nics ,act of #bjag12 and 7,b7 by striking files1 and inserting the following3 files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records12 7#b7 in subparagraph 7,b71 by striking and at the end2 7#c7 in subparagraph 7,c7-- 7,a7 by striking upon establishment of the national system12 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following-- 7,d7 to establish and achieve compliance with an implementation plan under section #ajg of the ,,nics ,improvement ,amendments ,act of #bjjg4 4 #e4 ,improving information sharing with the ,states 7a7 ,in general ,title ,i of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4 #djiaa et seq47 is amended by adding at the end the following3 #ajg4 ,implementation plan 7a7 ,in general ,not later than #a year after the date of enactment of the ,fix ,,nics ,act of #bjag1 the ,attorney ,general1 in coordination with the ,states and ,indian tribal governments1 shall establish1 for each ,state or ,indian tribal government1 a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the ,national ,instant ,criminal ,background ,check ,system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7 and the verification of the accuracy of those records during a #d-year period specified in the plan4 ,the records shall be limited to those of an individual described in subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code 7b7 ,benchmark requirements ,each plan established under this section shall include annual benchmarks to enable the ,attorney ,general to assess the implementation of the plan1 including-- 7#a7 qualitative goals and quantitative measures2 and 7#b7 a needs assessment1 including estimated compliance costs4 7c7 ,compliance determination ,not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section1 the ,attorney ,general shall determine whether each ,state or ,indian tribal government has achieved substantial compliance with the benchmarks included in the plan4 7d7 ,accountability ,the ,attorney ,general-- 7#a7 shall disclose and publish1 including on the website of the ,department of ,justice-- 7,a7 the name of each ,state or ,indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection 7c7 for the preceding fiscal year2 and 7,b7 a description of the reasons for which the ,attorney ,general has determined that the ,state or ,indian tribal government is not in substantial compliance with the implementation plan1 including1 to the greatest extent possible1 a description of the types and amounts of records that have not been submitted2 and 7#b7 if a ,state or ,indian tribal government described in paragraph 7#a7 subsequently receives a determination of substantial compliance1 shall-- 7,a7 immediately correct the applicable record2 and 7,b7 not later than #c days after the determination1 remove the record from the website of the ,department of ,justice and any other location where the record was published4 7e7 ,incentives ,for each of fiscal years #bjah through #bjbb1 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 7c7 for the fiscal year in which the grant was solicited4 4 7b7 ,table of contents ,the table of contents in section #a7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7,public ,law #aaj-ahj2 #aba ,stat4 #beei7 is amended by inserting after the item relating to section #ajf the following3 ,sec4 #ajg4 ,implementation plan4 4