[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2880

 To amend title 23, United States Code, to encourage States to require 
   background checks requested in connection with the Brady Handgun 
                        Violence Prevention Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 1997

 Mr. Andrews introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to encourage States to require 
   background checks requested in connection with the Brady Handgun 
                        Violence Prevention Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BACKGROUND CHECKS RELATED TO THE PURCHASE OF A HANDGUN.

    Chapter 1 of title 23, United States Code, is amended by added at 
the end the following:
``Sec. 162. Background checks related to the purchase of a handgun
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2001.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any State 
        under each of paragraphs (1), (3), and (5)(B) of section 104(b) 
        on October 1, 2000, if the State does not meet the requirement 
        of paragraph (3) on such date.
            ``(2) Thereafter.--The Secretary shall withhold 10 percent 
        (including any amounts withheld under paragraph (1)) of the 
        amount required to be apportioned to any State under each of 
        paragraphs (1), (3), and (5)(B) of section 104(b) on October 1, 
        2001, and on October 1 of each fiscal year thereafter, if the 
        State does not meet the requirement of paragraph (3) on such 
        date.
            ``(3) Requirement.--A State meets the requirement of this 
        paragraph if the State has enacted and is enforcing a law to 
        ensure that, if a law enforcement agency of that State receives 
        a notice provided pursuant to section 922(s)(1)(A)(i)(III) of 
        title 18, United States Code, with respect to the transfer of a 
        handgun, the agency ascertains whether receipt or possession of 
        the handgun by the transferee would be in violation of the law, 
        including research in whatever State and local recordkeeping 
        systems are available.
    ``(b) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30, 
                2002.--Any funds withheld under subsection (a) from 
                apportionment to any State on or before September 30, 
                2002, shall remain available until the end of the third 
                fiscal year following the fiscal year for which such 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2002.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2002, shall be available 
                for apportionment to such State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1), the State 
        meets the requirement of subsection (a)(3), the Secretary 
        shall, on the first day on which the State meets such 
        requirement, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--Any funds apportioned pursuant to paragraph (2) shall 
        remain available for expenditure until the end of the third 
        fiscal year following the fiscal year in which such funds are 
        so apportioned. Sums not obligated at the end of such period 
        shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirement of 
        subsection (a)(3), such funds shall lapse.''.
    (c) Clerical amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``162. Background checks related to the purchase of a handgun.''.
                                 <all>