S.Amdt. 4759

1. Adds Sec. ___. (a) Congress finds that not addressing appeals of determinations made by the National Instant Criminal Background Check System (commonly referred to as "NICS") deprives law-abiding citizens of their-- wherever appropriate

   Adds a section

   Inserted: Sec. ___. (a) Congress finds that not addressing appeals of determinations made by the National Instant Criminal Background Check System (commonly referred to as "NICS") deprives law-abiding citizens of their--

   Inserted: (1) right to keep and bear arms under the Second Amendment to the Constitution of the United States; and

   Inserted: (2) due process rights under the Fifth Amendment to the Constitution of the United States.

   Inserted: (b) The Federal Bureau of Investigation (referred to in this section as the "FBI"), in accordance with the commitment of the President to hire more than 230 new NICS examiners and staff, announced on January 4, 2016, shall use amounts made available for salaries and expenses of the Bureau, and may not use any other amounts made available to the Bureau--

   Inserted: (1) to pay NICS examiners to process new appeals of NICS determinations and make a final disposition of each appeal not later than 90 days after the date of receipt of the appeal; and

   Inserted: (2) to pay NICS examiners to--

   Inserted: (A) eliminate the current backlog of appeals not later than 1 year after the date of enactment of this Act; and

   Inserted: (B) continue to add individuals to the voluntary appeal file (commonly referred to as the "VAF") to prevent subsequent delays and erroneous denials.

   Inserted: (c) The FBI may not cease the review or final disposition of appeals of NICS determinations on or after the date of enactment of this Act.

   Inserted: (d) The FBI shall submit to Congress an annual report on the disposition of appeals of NICS determinations during the previous year that includes--

   Inserted: (1) the number of NICS checks on individuals that were--

   Inserted: (A) conducted by the FBI; or

   Show 15 more inserted paragraphsShow less

   Inserted: (B) conducted by a Point of Contact (commonly referred to as "POC") State or local agency;

   Inserted: (2) with respect to the NICS checks described in paragraph (1), the number of denials of firearm transfers that resulted from checks--

   Inserted: (A) conducted by the FBI; or

   Inserted: (B) conducted by a POC State or local agency;

   Inserted: (3) with respect to the denials of firearm transfers described in paragraph (2), the number of denials resulting from NICS checks conducted by--

   Inserted: (A) the FBI that were appealed; or

   Inserted: (B) a POC State or local agency that were appealed--

   Inserted: (i) to the POC State or local agency; or

   Inserted: (ii) to the FBI;

   Inserted: (4) with respect to the appeals described in--

   Inserted: (A) subparagraph (A) or (B)(ii) of paragraph (3), that number that were reversed by the FBI for--

   Inserted: (i) FBI denials; or

   Inserted: (ii) POC State or local agency denials; or

   Inserted: (B) subparagraph (B)(i) of paragraph (3), the number that were reversed by the POC State or local agency; and

   Inserted: (5) the number of FBI denials that involved a VAF application without a preceding appeal of a NICS denial.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed