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S. 436 (112th): Fix Gun Checks Act of 2011

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 2, 2011.

Fix Gun Checks Act of 2011 - Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to increase the amount of a state's allocation under the Edward Byrne Memorial Justice Assistance Grant Program that the Attorney General shall withhold to: (1) 15% in FY2013-FY2017 if the state provides less than 75% of the records required to be provided under the NICS Act's requirements regarding making data electronically available to the National Instant Criminal Background Check System, and (2) 25% in FY2018 and thereafter if the state provides less than 90% of the records required. Authorizes the Attorney General to reduce the percentage of the amount withheld if a state provides substantial evidence that it is making a reasonable effort to comply. Requires any withheld funds to be transferred to the appropriations account for state and local law enforcement assistance, Office of Justice Programs, of the Department of Justice (DOJ). Expresses the sense of Congress that any funds transferred should be used to carry out activities described in the NICS Act.

Amends the Brady Handgun Violence Prevention Act to require each federal agency to submit to the Attorney General a semiannual written certification indicating whether it has provided the pertinent information in any record in its possession identifying persons prohibited from purchasing or receiving firearms or ammunition.

Amends the Higher Education Act of 1965 to require each college, university, or postsecondary institution that receives federal funds under such Act or financial assistance under any federal program to develop and implement a mental health assessment plan for assessing, reporting, and referring students who pose a safety risk to themselves or others, informing their families, and addressing such risks.

Amends the federal criminal code to set forth criteria for: (1) drawing an inference that a person is an unlawful user of a controlled substance, and (2) defining a person as "addicted to any controlled substance."

Extends Brady Act background check procedures to unlicensed transferors and transferees of firearms. Specifies exceptions.