[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4363 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4363

  To provide grants to enable States to include iris scan information 
from certain convicted criminals in State criminal records systems, to 
provide for the use of the information by the National Instant Criminal 
  Background Check System, and to require Federal firearms dealers to 
   obtain iris scan information from prospective firearms purchasers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide grants to enable States to include iris scan information 
from certain convicted criminals in State criminal records systems, to 
provide for the use of the information by the National Instant Criminal 
  Background Check System, and to require Federal firearms dealers to 
   obtain iris scan information from prospective firearms purchasers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iris Scan Security Act of 2005''.

SEC. 2. GRANTS TO ENABLE STATES TO INCLUDE IRIS SCAN INFORMATION FROM 
              CERTAIN CONVICTED CRIMINALS IN STATE CRIMINAL RECORDS 
              SYSTEMS; USE OF INFORMATION IN PERFORMING INSTANT 
              CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE FIREARMS 
              PURCHASERS.

    (a) In General.--The Attorney General may award grants to enable 
States to--
            (1) include in State criminal records systems iris scan 
        information obtained from individuals who are prohibited by 
        Federal or State law from possessing or receiving a firearm by 
        reason of having been convicted in a court in the State of a 
        crime punishable by imprisonment for a term exceeding 1 year or 
        a misdemeanor crime of domestic violence; and
            (2) provide such information electronically to the NICS 
        system.
    (b) Application.--To request a grant under this section, a State 
shall submit an application to the Attorney General in such form and 
containing such information as the Attorney General may require.
    (c) Provision of Information to NICS System.--As a condition of 
receiving a grant under this section, the State--
            (1) shall provide to the NICS system such information from 
        the data base referred to in subsection (a) as the Attorney 
        General may require, at such times and in such manner as the 
        Attorney General may require; and
            (2) shall not disclose any information in the data base 
        except for a law enforcement purpose.
    (d) Use of Information by NICS System.--The Attorney General shall 
prescribe such regulations as may be necessary to ensure that the NICS 
system is equipped to receive iris scan information provided pursuant 
to subsection (c)(1) of this section, and to use the information in 
responding to requests from licensees for information about whether 
receipt of a firearm by a prospective transferee would violate 
subsection (g) or (n) of section 922 of title 18, United States Code, 
or State law.
    (e) Definitions.--In this section:
            (1) Firearm.--The term ``firearm'' has the meaning given in 
        section 921(a)(3) of title 18, United States Code.
            (2) Licensee.--The term ``licensee'' has the meaning given 
        in section 103(j)(1) of the Brady Handgun Violence Prevention 
        Act.
            (3) Misdemeanor crime of domestic violence.--The term 
        ``misdemeanor crime of domestic violence'' has the meaning 
        given in section 921(a)(33) of title 18, United States Code.
            (4) NICS system.--The term ``NICS system'' means the 
        national instant criminal background check system established 
        under section 103 of the Brady Handgun Violence Prevention Act.

SEC. 3. REQUIREMENT THAT FEDERAL FIREARMS DEALERS OBTAIN IRIS SCAN 
              INFORMATION FROM PROSPECTIVE FIREARMS PURCHASERS AND 
              PROVIDE THE INFORMATION TO THE INSTANT CHECK SYSTEM.

    Section 922(t)(1)(A) of title 18, United States Code, is amended to 
read as follows:
                    ``(A) before the completion of the transfer, the 
                licensee--
                            ``(i) performs an electronic scan of an 
                        iris of such other person with a device 
                        designed to perform such a scan;
                            ``(ii) contacts the national instant 
                        criminal background check system established 
                        under section 103 of such Act; and
                            ``(iii) provides the system, 
                        electronically, with the information obtained 
                        from the scan;''.
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