Sec. 7. Reports and certifications to Congress
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Not later than October 1, 2019, and every year thereafter, the head of each agency that possesses relevant Federal records shall submit a report to Congress that includes— a description of the relevant Federal records possessed by the agency that can be shared with NICS in a manner consistent with applicable law; the number of relevant Federal records the agency submitted to NICS during the reporting period; efforts made to increase the percentage of relevant Federal records possessed by the agency that are submitted to NICS; any obstacles to increasing the percentage of relevant Federal records possessed by the agency that are submitted to NICS; measures put in place to provide notice and programs for relief from disabilities as required under the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) if the agency makes qualifying adjudications relating to the mental health of an individual; measures put in place to correct, modify, or remove records available to NICS when the basis on which the records were made available no longer applies; and additional steps that will be taken during the 1-year period after the submission of the report to improve the processes by which relevant Federal records are— identified; made available to NICS; and corrected, modified, or removed from NICS.
The annual report requirement in subsection
(a)shall not apply to an agency that, as part of a report required to be submitted under subsection (a), provides certification that the agency has— made available to NICS relevant Federal records that can be shared in a manner consistent with applicable law; a plan to make any relevant Federal records available to NICS and a description of that plan; and a plan to update, modify, or remove records electronically from NICS not less than quarterly as required by the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) and a description of that plan. Each agency that is not required to submit annual reports under paragraph
(1)shall submit an annual certification to Congress attesting that the agency continues to submit relevant Federal records to NICS and has corrected, modified, or removed records available to NICS when the basis on which the records were made available no longer applies. Beginning February 1, 2020, and on February 1 of each year thereafter through 2029, the Attorney General shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and the House of Representatives a report of information gathered under this subsection during the fiscal year that ended on September 30 of the preceding year. Not later than 90 days after the date of enactment of this Act, the Attorney General shall require each component of the Department of Justice, including each United States Attorney's Office, to furnish for the purposes of the report described in paragraph (1), information relating to any case presented to the Department of Justice for review or prosecution, in which the objective facts of the case provide probable cause to believe that there has been a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986. With respect to each case described in paragraph (2), the report submitted under paragraph
(1)shall include information indicating— whether in any such case, a decision has been made not to charge an individual with a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, or any other violation of Federal criminal law; in any case described in subparagraph (A), a description of why no charge was filed under sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; whether in any case described in paragraph (2), an indictment, information, or other charge has been brought against any person, or the matter is pending; whether, in the case of an indictment, information, or other charge described in subparagraph (C), the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; in any case described in subparagraph
(D)in which the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, whether a plea agreement of any kind has been entered into with such charged individual; whether any plea agreement described in subparagraph
(E)required that the individual plead guilty, to enter a plea of nolo contendere, or otherwise caused a court to enter a conviction against that individual for a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; in any case described in subparagraph
(F)in which the plea agreement did not require that the individual plead guilty, enter a plea of nolo contendere, or otherwise cause a court to enter a conviction against that individual for a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, identification of the charges to which that individual did plead guilty; in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, the result of any trial of such charges (guilty, not guilty, mistrial); in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document did not contain a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, the nature of the other charges brought and the result of any trial of such other charges as have been brought (guilty, not guilty, mistrial); the number of persons who attempted to purchase a firearm but were denied because of a background check conducted in accordance with section 922(t) of title 18, United States Code; and the number of prosecutions conducted in relation to persons described in subparagraph (J).
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Sec. 7
Reports and certifications to Congress
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