H.R. 38House115th Congress (2017-2019)Passed House

Concealed Carry Reciprocity Act of 2017

Introduced January 3, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:08 AM UTC

The Concealed Carry Reciprocity Act of 2017 creates a federal rule that lets anyone who is legally allowed to carry a concealed handgun in their home state also carry it in other states that permit concealed carry, as long as they have a valid photo ID and permit. The bill also expands who may carry in certain places (off‑duty and retired police, federal judges) and adds a large set of measures to improve the national background‑check system, including new reporting requirements, funding, and penalties for non‑compliance, plus a report on the use of bump stocks.

Key Provisions

  • Allows non‑residents with a valid state concealed‑carry permit and photo ID to carry a concealed handgun in any other state that issues such permits or does not ban concealed carry, subject to federal law.
  • Protects private property owners and government facilities by letting them still restrict firearms on their premises.
  • Provides a legal defense for permitted carriers, shifts the burden of proof to prosecutors, and allows prevailing defendants to recover attorney’s fees.
  • Creates a right to sue states or other entities that unlawfully deprive permitted carriers of their rights.
  • Extends the reciprocity rule to federal judges, allowing them to carry concealed firearms nationwide.
  • Adds off‑duty and retired law‑enforcement officers to the list of persons who may carry concealed firearms in school zones.
  • Requires all federal agencies to certify twice a year that they are submitting required firearm‑restriction records to the Attorney General.
  • Mandates each agency to develop and update a multi‑year implementation plan for accurate record reporting, with benchmarks and biennial assessments.
  • Imposes penalties on agency officials who fail to certify or comply, including loss of bonus pay.
  • Authorizes up to $100 million per fiscal year (2018‑2022) for NICS and criminal‑history improvement programs, and adjusts related funding levels.
  • Directs the Attorney General to produce a report on how many times bump‑stock devices have been used in crimes and to assess applicable legal provisions.
  • Establishes procedures for notifying law‑enforcement agencies when a prohibited firearm purchase is completed after a background‑check delay.

Legislative Activity

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20 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

December 7, 2017

View full timeline
HouseIntro Referral

Introduced in House

January 3, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 3, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

January 12, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

November 29, 2017

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.

November 29, 2017

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 115-433.

December 4, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 320.

December 4, 2017

HouseFloor

Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

December 5, 2017 • 4:36 PM

HouseFloor

Rule H. Res. 645 passed House.

December 6, 2017 • 2:25 PM

HouseFloor

Considered under the provisions of rule H. Res. 645. (consideration: CR H9685-9703)

December 6, 2017 • 2:37 PM

HouseFloor

Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

December 6, 2017 • 2:37 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 38.

December 6, 2017 • 2:38 PM

HouseFloor

The previous question was ordered pursuant to the rule.

December 6, 2017 • 3:59 PM

HouseFloor

Mr. Thompson (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H9701)

December 6, 2017 • 4:00 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Thompson (CA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to prohibit an individual who has been convicted of a violent crime within the preceding three years from possessing or carrying a concealed handgun in a State that by law prohibits a person from doing so on the basis of a conviction for such offense. The amendment also outlines what is considered a violent crime, and a conviction.

December 6, 2017 • 4:00 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

December 6, 2017 • 4:07 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 236 (Roll no. 662).

December 6, 2017 • 4:35 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 231 - 198 (Roll no. 663).(text: CR H9685-9688)

December 6, 2017 • 4:43 PM

HouseFloor

On passage Passed by recorded vote: 231 - 198 (Roll no. 663). (text: CR H9685-9688)

December 6, 2017 • 4:43 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 6, 2017 • 4:43 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

December 7, 2017

Amendments

1 amendment

Offered to this bill

Floor Debate

23 members

What members said about H.R. 38 on the floor

16 Republicans7 Democrats
Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Dec 6, 2017

Mr. Speaker, pursuant to House Resolution 645, I call up the bill (H.R. 38) to amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Dec 6, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank my friend from Georgia for yielding me the customary 30 minutes for debate. Mr. Speaker, this is the 54th closed rule…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 6, 2017

Mr. Speaker, let me say that the problems that my good friend just mentioned on the floor can be solved by real, sensible gun safety legislation. Unfortunately, H.R. 38 is not that, and it is not…

Doug Collins
Rep. Doug CollinsR-GA-9 · Dec 6, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 645 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Mark Walker
Rep. Mark WalkerR-NC-6 · Jun 13, 2017

Mr. Speaker, many times as our Members in the House travel throughout our districts, we are often asked: What is being done in the House? What is being accomplished? Well, this afternoon we are going…

Show 8 more
Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Dec 6, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong opposition to the Concealed Carry Reciprocity Act. This bill would not protect us from gun violence, but it would…

Mike Thompson
Rep. Mike ThompsonD-CA-5 · Dec 6, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise in opposition to this dangerous bill. I asked my local law enforcement what they thought of folks from out of State who don't meet…

John Ratcliffe
Rep. John RatcliffeR-TX-4 · Jun 13, 2017

I would like to thank my colleague and friend from North Carolina, the gentleman, Congressman Walker, for yielding to me and for hosting this Special Order tonight, which is fittingly titled, ``The…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Jun 13, 2017

Mr. Speaker, I thank the chairman very much for yielding. I thank the chairman also for organizing, once again, an opportunity for us to speak directly to the American people, and for his tremendous…

David P. Roe
Rep. David P. RoeR-TN-1 · Jun 13, 2017

Mr. Speaker, I thank Mr. Walker for yielding. I would like to associate my remarks with Mr. Hudson, Dr. Wenstrup, Mr. Franks, and my good friend Diane Black. I am a concealed carry permit…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Jun 13, 2017

Mr. Speaker, I thank the gentleman for yielding to me, and let me thank him for his leadership of the Republican Study Committee and what that committee means to the conservative movement and what it…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Dec 6, 2017

Mr. Speaker, let me tell you a story. It is a story about an African-American single mother, two kids, living in south Philly. After twice being the victim of muggings, she decides to go out and…

Steve King
Rep. Steve KingR-IA-4 · Dec 6, 2017

Mr. Speaker, I rise in strong support of the underlying bill, H.R. 38; or maybe that is the lead bill and there is an underlying bill that has been attached to it. I want to speak a little bit here…

Show 11 more
Paul Mitchell
Rep. Paul MitchellR-MI-10 · Dec 6, 2017

Mr. Speaker, I rise today in support of H.R. 38, the Concealed Carry Reciprocity Act, and the underlying rule. The Second Amendment right to bear arms must stand resolute, as should all our…

Tom Graves
Rep. Tom GravesR-GA-14 · Jun 13, 2017

Mr. Speaker, I could not be more excited to be here tonight and to experience what we are experiencing here. You know, when this President was elected, he made a promise: He was going to drain the…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Dec 6, 2017

Mr. Speaker, my friends on the other side of the aisle made a number of arguments about how, if everyone has a concealed weapon, America will be safer. Mr. Speaker, I have two studies here which…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Jun 13, 2017

Mr. Speaker, I thank the chairman for yielding, and I appreciate the opportunity to talk about this. You know, as a physician, we take an oath. We say: Do no harm. And today in America and here in…

Jim Banks
Rep. Jim BanksR-IN-3 · Jun 13, 2017

Mr. Speaker, I thank the gentleman for his leadership of the Republican Study Committee. It is one of the great honors that I have in this Congress to serve with him and others to advocate for…

Jeff Duncan
Rep. Jeff DuncanR-SC-3 · Jun 13, 2017

Mr. Speaker, I thank the gentleman from North Carolina. I want to talk to America today about the Hearing Protection Act. Consequences of firearms exposure: Noise-induced hearing loss is a major…

Trent Franks
Rep. Trent FranksR-AZ-8 · Jun 13, 2017

Mr. Speaker, I thank Mr. Walker for this opportunity. It is so appropriate on People's Night to talk about the very littlest people in America, isn't it? Mr. Speaker, the United States of America is…

Robin L. Kelly
Rep. Robin L. KellyD-IL-2 · Nov 30, 2017

Mr. Speaker, I rise yet again because Americans are dying and this House is doing nothing. Correction, we aren't doing nothing. House Republicans are planning to make the situation worse. Yesterday,…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Jun 13, 2017

Mr. Speaker, I thank Representative Walker. And first let me thank him for not just hosting this evening, People's Night, but his leadership of the Republican Study Committee and how he is leading…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 6, 2017

Mr. Speaker, I want to thank Mr. Nadler for yielding to me. Mr. Speaker, that is just the way it is. Since the start of 2017, more than 14,340 people have been killed by gun violence in the United…

F. James Sensenbrenner, Jr.

Mr. Speaker, I am pleased that H.R. 38, as amended, includes the Fix NICS Act. I have long supported the National Instant Criminal Background Check System, or NICS. NICS is about saving lives and…

Bill Text

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Referred in SenateIssued December 7, 2017

IIB

115th CONGRESS

1st Session

H. R. 38

IN THE SENATE OF THE UNITED STATES

December 7, 2017

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.

1.

Short title

This Act may be cited as the Concealed Carry Reciprocity Act of 2017.

I

Concealed Carry Reciprocity Act of 2017

101.

Reciprocity for the carrying of certain concealed firearms

(a)

In general

Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:

926D.

Reciprocity for the carrying of certain concealed firearms

(a)

Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—

(1)

has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or

(2)

does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

(b)

This section shall not be construed to supersede or limit the laws of any State that—

(1)

permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

(2)

prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

(c)
(1)

A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section.

(2)

When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).

(3)

When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.

(d)
(1)

A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.

(2)

The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.

(e)

In subsection (a):

(1)

The term identification document means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

(2)

The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.

(f)
(1)

A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun.

(2)

A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:

(A)

A unit of the National Park System.

(B)

A unit of the National Wildlife Refuge System.

(C)

Public land under the jurisdiction of the Bureau of Land Management.

(D)

Land administered and managed by the Army Corps of Engineers.

(E)

Land administered and managed by the Bureau of Reclamation.

(F)

Land administered and managed by the Forest Service.

.

(b)

Clerical amendment

The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

.

(c)

Severability

Notwithstanding any other provision of this title, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

(d)

Effective date

The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

102.

Rule of construction

Nothing in this title prohibits a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the Constitution of the United States.

103.

Certain off-duty law enforcement officers and retired law enforcement officers allowed to carry a concealed firearm, and discharge a firearm, in a school zone

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

(1)

in paragraph (2)(B)—

(A)

by striking or at the end of clause (vi); and

(B)

by redesignating clause (vii) as clause (ix) and inserting after clause (vi) the following:

(vii)

by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm, if the firearm is concealed;

(viii)

by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm, if the firearm is concealed; or

; and

(2)

in paragraph (3)(B)—

(A)

by striking or at the end of clause (iii);

(B)

by striking the period at the end of clause (iv) and inserting a semicolon; and

(C)

by adding at the end the following:

(v)

by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm; or

(vi)

by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm.

.

104.

Interstate carrying of firearms by Federal judges

(a)

In general

Chapter 44 of title 18, United States Code, as amended by section 101(a) of this Act, is amended by inserting after section 926D the following:

926E.

Interstate carrying of firearms by Federal judges

Notwithstanding any provision of the law of any State or political subdivision thereof, a Federal judge may carry a concealed firearm in any State if such judge is not prohibited by Federal law from receiving a firearm.

.

(b)

Clerical amendment

The table of sections for such chapter, as amended by section 101(b) of this Act, is amended by inserting after the item relating to section 926D the following:

926E. Interstate carrying of firearms by Federal judges.

.

II

Fix NICS Act

201.

Short title

This title may be cited as the Fix NICS Act of 2017.

202.

Accountability for Federal departments and agencies

Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—

(1)

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

(F)

Semiannual certification and reporting

(i)

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 (C).

(ii)

Submission dates

The head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)—

(I)

not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and

(II)

not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

(iii)

Contents

A certification required under clause (i) shall state, for the applicable period—

(I)

the total number of records of the Federal department or agency demonstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code;

(II)

for each category of records described in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and

(III)

the efforts of the Federal department or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or inaccuracies.

(G)

Implementation plan

(i)

In general

Not later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The head of each Federal department or agency shall update the plan biennially, to the extent necessary, based on the most recent biennial assessment under subparagraph (K). The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.

(ii)

Benchmark requirements

Each plan established under clause (i) shall include annual benchmarks to enable the Attorney General to assess implementation of the plan, including—

(I)

qualitative goals and quantitative measures;

(II)

measures to monitor internal compliance, including any reporting failures and inaccuracies;

(III)

a needs assessment, including estimated compliance costs; and

(IV)

an estimated date by which the Federal department or agency will fully comply with record submission requirements under subparagraph (C).

(iii)

Compliance determination

Not later than the end of each fiscal year beginning after the date of the establishment of a plan under clause (i), the Attorney General shall determine whether the applicable Federal department or agency has achieved substantial compliance with the benchmarks included in the plan.

(H)

Accountability

The Attorney General shall publish, including on the website of the Department of Justice, 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—

(i)

the name of each Federal department or agency that has failed to submit a required certification under subparagraph (F);

(ii)

the name of each Federal department or agency that has submitted a required certification under subparagraph (F), but failed to certify compliance with the record submission requirements under subparagraph (C);

(iii)

the name of each Federal department or agency that has failed to submit an implementation plan under subparagraph (G);

(iv)

the name of each Federal department or agency that is not in substantial compliance with an implementation plan under subparagraph (G);

(v)

a detailed summary of the data, broken down by department or agency, contained in the certifications submitted under subparagraph (F);

(vi)

a detailed summary of the contents and status, broken down by department or agency, of the implementation plans established under subparagraph (G); and

(vii)

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 (G).

(I)

Noncompliance penalties

For each of fiscal years 2019 through 2022, each political appointee of a Federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph (C), and is not in substantial compliance with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus pay, excluding overtime pay, until the department or agency—

(i)

certifies compliance with the record submission requirements under subparagraph (C); or

(ii)

achieves substantial compliance with an implementation plan established under subparagraph (G).

(J)

Technical assistance

The Attorney General may use funds made available for the national instant criminal background check system established under subsection (b) to provide technical assistance to a Federal department or agency, at the request of the department or agency, in order to help the department or agency comply with the record submission requirements under subparagraph (C).

(K)

Biennial assessment

Every 2 years, the Attorney General shall assess the extent to which the actions taken under the title II of the Concealed Carry Reciprocity Act of 2017 have resulted in improvements in the system established under this section.

(L)

Application to Federal courts

For purposes of this paragraph—

(i)

the terms department or agency of the United States and Federal department or agency include a Federal court; and

(ii)

the Director of the Administrative Office of the United States Courts shall perform, for a Federal court, the functions assigned to the head of a department or agency.

; and

(2)

in subsection (g), by adding at the end the following: For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, 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 erroneous. In addition to any funds made available under subsection (k), 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 subsection..

203.

NICS Act Record Improvement Program

(a)

Requirements To obtain waiver

Section 102 of the NICS Improvement Amendments Act of 2007(34 U.S.C. 40912) is amended—

(1)

in subsection (a), in the first sentence—

(A)

by striking the Crime Identification Technology Act of 1988 (42 U.S.C. 14601) and inserting section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301); and

(B)

by inserting is in compliance with an implementation plan established under subsection (b) or before provides at least 90 percent of the information described in subsection (c); and

(2)

in subsection (b)(1)(B), by inserting or has established an implementation plan under section 107 after the Attorney General.

(b)

Implementation assistance to States

Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended—

(1)

in subsection (b)(3), by inserting before the semicolon at the end the following: , including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations;

(2)

in subsection (e), by striking paragraph (2) and inserting the following:

(2)

Domestic Abuse and Violence Prevention Initiative

(A)

Establishment

For each of fiscal years 2018 through 2022, the Attorney General shall create a priority area under the NICS Act Record Improvement Program (commonly known as NARIP) 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 records.

(B)

Funding

The Attorney General—

(i)

may use not more than 50 percent of the amounts made available under section 207 of the Concealed Carry Reciprocity Act of 2017 for each of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A); and

(ii)

shall give a funding preference under NARIP to States that—

(I)

have established an implementation plan under section 107; and

(II)

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 (i), (v), and (vi) of section 102(b)(1)(C) by not later than September 30, 2022.

; and

(3)

by adding at the end the following:

(g)

Technical assistance

The Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation to—

(1)

assist States that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements; and

(2)

provide technical assistance and training services to grantees under this section.

.

204.

National Criminal History Improvement Program

(a)

State grant program for criminal justice identification, information, and communication

Section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended—

(1)

in subsection (a)(3)—

(A)

by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and

(B)

by inserting after subparagraph (B) the following:

(C)

identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year

;

(2)

in subsection (b)(6)—

(A)

by striking (18 U.S.C. 922 note) and inserting (34 U.S.C. 40901(b)); and

(B)

by inserting before the semicolon at the end the following: , including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007; and

(3)

in subsection (d), by inserting after unless the following: the State has achieved compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or.

(b)

Grants for the improvement of criminal records

Section 106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40302(1)) is amended—

(1)

in the matter preceding subparagraph (A)—

(A)

by striking as of the date of enactment of this Act and inserting , as of the date of enactment of the Concealed Carry Reciprocity Act of 2017,; and

(B)

by striking files, and inserting the following: files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records,;

(2)

in subparagraph (B), by striking and at the end;

(3)

in subparagraph (C)—

(A)

by striking upon establishment of the national system,; and

(B)

by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following—

(D)

to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007.

.

205.

Improving information sharing with the States

(a)

In general

Title I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at the end the following:

107.

Implementation plan

(a)

In general

Not later than 1 year after the date of enactment of the Concealed Carry Reciprocity Act of 2017, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, 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 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification of the accuracy of those records during a 4-year period specified in the plan, and shall update the plan biennially, to the extent necessary, based on the most recent biennial assessment under subsection (f). The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.

(b)

Benchmark requirements

Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including—

(1)

qualitative goals and quantitative measures; and

(2)

a needs assessment, including estimated compliance costs.

(c)

Compliance determination

Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.

(d)

Accountability

The Attorney General—

(1)

shall disclose and publish, including on the website of the Department of Justice—

(A)

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 (c) for the preceding fiscal year; and

(B)

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 plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and

(2)

if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall—

(A)

immediately correct the applicable record; and

(B)

not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.

(e)

Incentives

For each of fiscal years 2018 through 2022, 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 (c) for the fiscal year in which the grant was solicited.

(f)

Biennial assessment

Every 2 years, the Attorney General shall assess the extent to which the actions taken under title II of the Concealed Carry Reciprocity Act of 2017 have resulted in improvements in the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40903).

108.

Notification to law enforcement agencies of prohibited purchase of a firearm

(a)

In general

In the case of a background check conducted by the National Instant Criminal Background Check System pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms (as such terms are defined in section 921 of title 18, United States Code), which background check determines that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of title 18, United States Code, and such determination is made after 3 business days have elapsed since the licensee contacted the System and a firearm has been transferred to that person, the System shall notify the law enforcement agencies described in subsection (b).

(b)

Law enforcement agencies described

The law enforcement agencies described in this subsection are the law enforcement agencies that have jurisdiction over the location from which the licensee contacted the system and the law enforcement agencies that have jurisdiction over the location of the residence of the person for which the background check was conducted, as follows:

(1)

The field office of the Federal Bureau of Investigation.

(2)

The local law enforcement agency.

(3)

The State law enforcement agency.

.

(b)

Table of contents

The table of contents in section 1(b) of the NICS Improvement Amendments Act of 2007 (Public Law 110–180; 121 Stat. 2559) is amended by inserting after the item relating to section 106 the following:

Sec. 107. Implementation plan.

Sec. 108. Notification to law enforcement agencies of prohibited purchase of a firearm.

.

206.

Attorney General report on use of bump stocks in crime

(a)

In general

Using amounts made available for research, evaluation, or statistical purposes, within 180 days after the date of the enactment of this Act, the Attorney General shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report that—

(1)

specifies the number of instances in which a bump stock has been used in the commission of a crime in the United States;

(2)

specifies the types of firearms with which a bump stock has been so used; and

(3)

contains the opinion of the Attorney General as to whether subparagraphs (B)(i) and (C)(i) of section 924(c)(1) of title 18, United States Code, apply to all instances in which a bump stock has been used in the commission of a crime of violence in the United States.

(b)

Definition of bump stock

In this section, the term bump stock means a device that—

(1)

attaches to a semiautomatic rifle (as defined in section 921(a)(28) of title 18, United States Code);

(2)

is designed and intended to repeatedly activate the trigger without the deliberate and volitional act of the user pulling the trigger each time the firearm is fired; and

(3)

functions by continuous forward pressure applied to the rifle’s fore end in conjunction with a linear forward and backward sliding motion of the mechanism utilizing the recoil energy when the rifle is discharged.

207.

Authorizations of appropriations

(a)

In general

There is authorized to be appropriated $100,000,000 for each of fiscal years 2018 through 2022 to carry out, in accordance with the NICS Act Record Improvement Program and the National Criminal History Improvement Program, the activities under—

(1)

section 102 of the NICS Improvement Amendments Act of 2007;

(2)

section 103 of the NICS Improvement Amendments Act of 2007;

(3)

section 102 of the Crime Identification Technology Act of 1998; and

(4)

section 106(b) of the Brady Handgun Violence Prevention Act.

(b)

Additional authorizations

Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended—

(1)

in paragraph (1)—

(A)

by striking $33,000,000 and inserting $31,000,000;

(B)

by striking 1994 and 1995 and inserting 2018 through 2022; and

(C)

by inserting , in addition to any amounts otherwise made available for research, evaluation or statistical purposes in a fiscal year before the period; and

(2)

in paragraph (2)—

(A)

by striking $33,000,000 and inserting $27,000,000;

(B)

by striking 1994 and 1995 and inserting 2018 through 2022; and

(C)

by inserting , in addition to any amounts otherwise made available for research, evaluation or statistical purposes in a fiscal year before the period.

Passed the House of Representatives December 6, 2017.

Karen L. Haas,

Clerk