[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 19, 2007.
Resolved, That the bill from the House of Representatives (H.R.
2640) entitled ``An Act to improve the National Instant Criminal
Background Check System, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Tile.--This Act may be cited as the ``NICS Improvement
Amendments Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--TRANSMITTAL OF RECORDS
Sec. 101. Enhancement of requirement that Federal departments and
agencies provide relevant information to
the National Instant Criminal Background
Check System.
Sec. 102. Requirements to obtain waiver.
Sec. 103. Implementation assistance to States.
Sec. 104. Penalties for noncompliance.
Sec. 105. Relief from disabilities program required as condition for
participation in grant programs.
Sec. 106. Illegal immigrant gun purchase notification.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT
RECORDS
Sec. 201. Continuing evaluations.
TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN
AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS
Sec. 301. Disposition records automation and transmittal improvement
grants.
TITLE IV--GAO AUDIT
Sec. 401. GAO audit.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 916,000 individuals were prohibited from
purchasing a firearm for failing a background check between
November 30, 1998, (the date the National Instant Criminal
Background Check System (NICS) began operating) and December
31, 2004.
(2) From November 30, 1998, through December 31, 2004,
nearly 49,000,000 Brady background checks were processed
through NICS.
(3) Although most Brady background checks are processed
through NICS in seconds, many background checks are delayed if
the Federal Bureau of Investigation (FBI) does not have
automated access to complete information from the States
concerning persons prohibited from possessing or receiving a
firearm under Federal or State law.
(4) Nearly 21,000,000 criminal records are not accessible
by NICS and millions of criminal records are missing critical
data, such as arrest dispositions, due to data backlogs.
(5) The primary cause of delay in NICS background checks is
the lack of--
(A) updates and available State criminal
disposition records; and
(B) automated access to information concerning
persons prohibited from possessing or receiving a
firearm because of mental illness, restraining orders,
or misdemeanor convictions for domestic violence.
(6) Automated access to this information can be improved
by--
(A) computerizing information relating to criminal
history, criminal dispositions, mental illness,
restraining orders, and misdemeanor convictions for
domestic violence; or
(B) making such information available to NICS in a
usable format.
(7) Helping States to automate these records will reduce
delays for law-abiding gun purchasers.
(8) On March 12, 2002, the senseless shooting, which took
the lives of a priest and a parishioner at the Our Lady of
Peace Church in Lynbrook, New York, brought attention to the
need to improve information-sharing that would enable Federal
and State law enforcement agencies to conduct a complete
background check on a potential firearm purchaser. The man who
committed this double murder had a prior disqualifying mental
health commitment and a restraining order against him, but
passed a Brady background check because NICS did not have the
necessary information to determine that he was ineligible to
purchase a firearm under Federal or State law.
(9) On April 16, 2007, a student with a history of mental
illness at the Virginia Polytechnic Institute and State
University shot to death 32 students and faculty members,
wounded 17 more, and then took his own life. The shooting, the
deadliest campus shooting in United States history, renewed the
need to improve information-sharing that would enable Federal
and State law enforcement agencies to conduct complete
background checks on potential firearms purchasers. In spite of
a proven history of mental illness, the shooter was able to
purchase the two firearms used in the shooting. Improved
coordination between State and Federal authorities could have
ensured that the shooter's disqualifying mental health
information was available to NICS.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Court order.--The term ``court order'' includes a court
order (as described in section 922(g)(8) of title 18, United
States Code).
(2) Mental health terms.--The terms ``adjudicated as a
mental defective'' and ``committed to a mental institution''
have the same meanings as in section 922(g)(4) of title 18,
United States Code.
(3) Misdemeanor crime of domestic violence.--The term
``misdemeanor crime of domestic violence'' has the meaning
given the term in section 921(a)(33) of title 18, United States
Code.
TITLE I--TRANSMITTAL OF RECORDS
SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND
AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Section 103(e)(1) of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding'';
(2) by striking ``On request'' and inserting the following:
``(B) Request of attorney general.--On request'';
(3) by striking ``furnish such information'' and inserting
``furnish electronic versions of the information described
under subparagraph (A)''; and
(4) by adding at the end the following:
``(C) Quarterly submission to attorney general.--If
a Federal department or agency under subparagraph (A)
has any record of any person demonstrating that the
person falls within one of the categories described in
subsection (g) or (n) of section 922 of title 18,
United States Code, the head of such department or
agency shall, not less frequently than quarterly,
provide the pertinent information contained in such
record to the Attorney General.
``(D) Information updates.--The Federal department
or agency, on being made aware that the basis under
which a record was made available under subparagraph
(A) does not apply, or no longer applies, shall--
``(i) update, correct, modify, or remove
the record from any database that the agency
maintains and makes available to the Attorney
General, in accordance with the rules
pertaining to that database; and
``(ii) notify the Attorney General that
such basis no longer applies so that the
National Instant Criminal Background Check
System is kept up to date.
The Attorney General upon receiving notice pursuant to
clause (ii) shall ensure that the record in the
National Instant Criminal Background Check System is
updated, corrected, modified, or removed within 30 days
of receipt.
``(E) Annual report.--The Attorney General shall
submit an annual report to Congress that describes the
compliance of each department or agency with the
provisions of this paragraph.''.
(b) Provision and Maintenance of NICS Records.--
(1) Department of homeland security.--The Secretary of
Homeland Security shall make available to the Attorney
General--
(A) records, updated not less than quarterly, which
are relevant to a determination of whether a person is
disqualified from possessing or receiving a firearm
under subsection (g) or (n) of section 922 of title 18,
United States Code, for use in background checks
performed by the National Instant Criminal Background
Check System; and
(B) information regarding all the persons described
in subparagraph (A) of this paragraph who have changed
their status to a category not identified under section
922(g)(5) of title 18, United States Code, for removal,
when applicable, from the National Instant Criminal
Background Check System.
(2) Department of justice.--The Attorney General shall--
(A) ensure that any information submitted to, or
maintained by, the Attorney General under this section
is kept accurate and confidential, as required by the
laws, regulations, policies, or procedures governing
the applicable record system;
(B) provide for the timely removal and destruction
of obsolete and erroneous names and information from
the National Instant Criminal Background Check System;
and
(C) work with States to encourage the development
of computer systems, which would permit electronic
notification to the Attorney General when--
(i) a court order has been issued, lifted,
or otherwise removed by order of the court; or
(ii) a person has been adjudicated as a
mental defective or committed to a mental
institution.
(c) Standard for Adjudications and Commitments Related to Mental
Health.--
(1) In general.--No department or agency of the Federal
Government may provide to the Attorney General any record of an
adjudication related to the mental health of a person or any
commitment of a person to a mental institution if--
(A) the adjudication or commitment, respectively,
has been set aside or expunged, or the person has
otherwise been fully released or discharged from all
mandatory treatment, supervision, or monitoring;
(B) the person has been found by a court, board,
commission, or other lawful authority to no longer
suffer from the mental health condition that was the
basis of the adjudication or commitment, respectively,
or has otherwise been found to be rehabilitated through
any procedure available under law; or
(C) the adjudication or commitment, respectively,
is based solely on a medical finding of disability,
without an opportunity for a hearing by a court, board,
commission, or other lawful authority, and the person
has not been adjudicated as a mental defective
consistent with section 922(g)(4) of title 18, United
States Code, except that nothing in this section or any
other provision of law shall prevent a Federal
department or agency from providing to the Attorney
General any record demonstrating that a person was
adjudicated to be not guilty by reason of insanity, or
based on lack of mental responsibility, or found
incompetent to stand trial, in any criminal case or
under the Uniform Code of Military Justice.
(2) Treatment of certain adjudications and commitments.--
(A) Program for relief from disabilities.--
(i) In general.--Each department or agency
of the United States that makes any
adjudication related to the mental health of a
person or imposes any commitment to a mental
institution, as described in subsection (d)(4)
and (g)(4) of section 922 of title 18, United
States Code, shall establish, not later than
120 days after the date of enactment of this
Act, a program that permits such a person to
apply for relief from the disabilities imposed
by such subsections.
(ii) Process.--Each application for relief
submitted under the program required by this
subparagraph shall be processed not later than
365 days after the receipt of the application.
If a Federal department or agency fails to
resolve an application for relief within 365
days for any reason, including a lack of
appropriated funds, the department or agency
shall be deemed for all purposes to have denied
such request for relief without cause. Judicial
review of any petitions brought under this
clause shall be de novo.
(iii) Judicial review.--Relief and judicial
review with respect to the program required by
this subparagraph shall be available according
to the standards prescribed in section 925(c)
of title 18, United States Code. If the denial
of a petition for relief has been reversed
after such judicial review, the court shall
award the prevailing party, other than the
United States, a reasonable attorney's fee for
any and all proceedings in relation to
attaining such relief, and the United States
shall be liable for such fee. Such fee shall be
based upon the prevailing rates awarded to
public interest legal aid organizations in the
relevant community.
(B) Relief from disabilities.--In the case of an
adjudication related to the mental health of a person
or a commitment of a person to a mental institution, a
record of which may not be provided to the Attorney
General under paragraph (1), including because of the
absence of a finding described in subparagraph (C) of
such paragraph, or from which a person has been granted
relief under a program established under subparagraph
(A) or (B), or because of a removal of a record under
section 103(e)(1)(D) of the Brady Handgun Violence
Prevention Act, the adjudication or commitment,
respectively, shall be deemed not to have occurred for
purposes of subsections (d)(4) and (g)(4) of section
922 of title 18, United States Code. Any Federal agency
that grants a person relief from disabilities under
this subparagraph shall notify such person that the
person is no longer prohibited under 922(d)(4) or
922(g)(4) of title 18, United States Code, on account
of the relieved disability for which relief was granted
pursuant to a proceeding conducted under this
subparagraph, with respect to the acquisition, receipt,
transfer, shipment, transportation, or possession of
firearms.
(3) Notice requirement.--Effective 30 days after the date
of enactment of this Act, any Federal department or agency that
conducts proceedings to adjudicate a person as a mental
defective under 922(d)(4) or 922(g)(4) of title 18, United
States Code, shall provide both oral and written notice to the
individual at the commencement of the adjudication process
including--
(A) notice that should the agency adjudicate the
person as a mental defective, or should the person be
committed to a mental institution, such adjudication,
when final, or such commitment, will prohibit the
individual from purchasing, possessing, receiving,
shipping or transporting a firearm or ammunition under
section 922(d)(4) or section 922(g)(4) of title 18,
United States Code;
(B) information about the penalties imposed for
unlawful possession, receipt, shipment or
transportation of a firearm under section 924(a)(2) of
title 18, United States Code; and
(C) information about the availability of relief
from the disabilities imposed by Federal laws with
respect to the acquisition, receipt, transfer,
shipment, transportation, or possession of firearms.
(4) Effective date.--Except for paragraph (3), this
subsection shall apply to names and other information provided
before, on, or after the date of enactment of this Act. Any
name or information provided in violation of this subsection
(other than in violation of paragraph (3)) before, on, or after
such date shall be removed from the National Instant Criminal
Background Check System.
SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
(a) In General.--Beginning 3 years after the date of the enactment
of this Act, a State shall be eligible to receive a waiver of the 10
percent matching requirement for National Criminal History Improvement
Grants under the Crime Identification Technology Act of 1988 (42 U.S.C.
14601) if the State provides at least 90 percent of the information
described in subsection (c). The length of such a waiver shall not
exceed 2 years.
(b) State Estimates.--
(1) Initial state estimate.--
(A) In general.--To assist the Attorney General in
making a determination under subsection (a) of this
section, and under section 104, concerning the
compliance of the States in providing information to
the Attorney General for the purpose of receiving a
waiver under subsection (a) of this section, or facing
a loss of funds under section 104, by a date not later
than 180 days after the date of the enactment of this
Act, each State shall provide the Attorney General with
a reasonable estimate, as calculated by a method
determined by the Attorney General and in accordance
with section 104(d), of the number of the records
described in subparagraph (C) applicable to such State
that concern persons who are prohibited from possessing
or receiving a firearm under subsection (g) or (n) of
section 922 of title 18, United States Code.
(B) Failure to provide initial estimate.--A State
that fails to provide an estimate described in
subparagraph (A) by the date required under such
subparagraph shall be ineligible to receive any funds
under section 103, until such date as it provides such
estimate to the Attorney General.
(C) Record defined.--For purposes of subparagraph
(A), a record is the following:
(i) A record that identifies a person who
has been convicted in any court of a crime
punishable by imprisonment for a term exceeding
1 year.
(ii) A record that identifies a person for
whom an indictment has been returned for a
crime punishable by imprisonment for a term
exceeding 1 year that is valid under the laws
of the State involved or who is a fugitive from
justice, as of the date of the estimate, and
for which a record of final disposition is not
available.
(iii) A record that identifies a person who
is an unlawful user of, or addicted to a
controlled substance (as such terms ``unlawful
user'' and ``addicted'' are respectively
defined in regulations implementing section
922(g)(3) of title 18, United States Code, as
in effect on the date of the enactment of this
Act) as demonstrated by arrests, convictions,
and adjudications, and whose record is not
protected from disclosure to the Attorney
General under any provision of State or Federal
law.
(iv) A record that identifies a person who
has been adjudicated as a mental defective or
committed to a mental institution, consistent
with section 922(g)(4) of title 18, United
States Code, and whose record is not protected
from disclosure to the Attorney General under
any provision of State or Federal law.
(v) A record that is electronically
available and that identifies a person who, as
of the date of such estimate, is subject to a
court order described in section 922(g)(8) of
title 18, United States Code.
(vi) A record that is electronically
available and that identifies a person
convicted in any court of a misdemeanor crime
of domestic violence, as defined in section
921(a)(33) of title 18, United States Code.
(2) Scope.--The Attorney General, in determining the
compliance of a State under this section or section 104 for the
purpose of granting a waiver or imposing a loss of Federal
funds, shall assess the total percentage of records provided by
the State concerning any event occurring within the prior 20
years, which would disqualify a person from possessing a
firearm under subsection (g) or (n) of section 922 of title 18,
United States Code.
(3) Clarification.--Notwithstanding paragraph (2), States
shall endeavor to provide the National Instant Criminal
Background Check System with all records concerning persons who
are prohibited from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code, regardless of the elapsed time since the disqualifying
event.
(c) Eligibility of State Records for Submission to the National
Instant Criminal Background Check System.--
(1) Requirements for eligibility.--
(A) In general.--From the information collected by
a State, the State shall make electronically available
to the Attorney General records relevant to a
determination of whether a person is disqualified from
possessing or receiving a firearm under subsection (g)
or (n) of section 922 of title 18, United States Code,
or applicable State law.
(B) NICS updates.--The State, on being made aware
that the basis under which a record was made available
under subparagraph (A) does not apply, or no longer
applies, shall, as soon as practicable--
(i) update, correct, modify, or remove the
record from any database that the Federal or
State government maintains and makes available
to the National Instant Criminal Background
Check System, consistent with the rules
pertaining to that database; and
(ii) notify the Attorney General that such
basis no longer applies so that the record
system in which the record is maintained is
kept up to date.
The Attorney General upon receiving notice pursuant to
clause (ii) shall ensure that the record in the
National Instant Criminal Background Check System is
updated, corrected, modified, or removed within 30 days
of receipt.
(C) Certification.--To remain eligible for a waiver
under subsection (a), a State shall certify to the
Attorney General, not less than once during each 2-year
period, that at least 90 percent of all records
described in subparagraph (A) has been made
electronically available to the Attorney General in
accordance with subparagraph (A).
(D) Inclusion of all records.--For purposes of this
paragraph, a State shall identify and include all of
the records described under subparagraph (A) without
regard to the age of the record.
(2) Application to persons convicted of misdemeanor crimes
of domestic violence.--The State shall make available to the
Attorney General, for use by the National Instant Criminal
Background Check System, records relevant to a determination of
whether a person has been convicted in any court of a
misdemeanor crime of domestic violence. With respect to records
relating to such crimes, the State shall provide information
specifically describing the offense and the specific section or
subsection of the offense for which the defendant has been
convicted and the relationship of the defendant to the victim
in each case.
(3) Application to persons who have been adjudicated as a
mental defective or committed to a mental institution.--The
State shall make available to the Attorney General, for use by
the National Instant Criminal Background Check System, the name
and other relevant identifying information of persons
adjudicated as a mental defective or those committed to mental
institutions to assist the Attorney General in enforcing
section 922(g)(4) of title 18, United States Code.
(d) Privacy Protections.--For any information provided to the
Attorney General for use by the National Instant Criminal Background
Check System, relating to persons prohibited from possessing or
receiving a firearm under section 922(g)(4) of title 18, United States
Code, the Attorney General shall work with States and local law
enforcement and the mental health community to establish regulations
and protocols for protecting the privacy of information provided to the
system. The Attorney General shall make every effort to meet with any
mental health group seeking to express its views concerning these
regulations and protocols and shall seek to develop regulations as
expeditiously as practicable.
(e) Attorney General Report.--Not later than January 31 of each
year, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the progress of States in automating the
databases containing the information described in subsection (b) and in
making that information electronically available to the Attorney
General pursuant to the requirements of subsection (c).
SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.
(a) Authorization.--
(1) In general.--From amounts made available to carry out
this section and subject to section 102(b)(1)(B), the Attorney
General shall make grants to States and Indian tribal
governments, in a manner consistent with the National Criminal
History Improvement Program, which shall be used by the States
and Indian tribal governments, in conjunction with units of
local government and State and local courts, to establish or
upgrade information and identification technologies for
firearms eligibility determinations. Not less than 3 percent,
and no more than 10 percent of each grant under this paragraph
shall be used to maintain the relief from disabilities program
in accordance with section 105.
(2) Grants to indian tribes.--Up to 5 percent of the grant
funding available under this section may be reserved for Indian
tribal governments, including tribal judicial systems.
(b) Use of Grant Amounts.--Grants awarded to States or Indian
tribes under this section may only be used to--
(1) create electronic systems, which provide accurate and
up-to-date information which is directly related to checks
under the National Instant Criminal Background Check System
(referred to in this section as ``NICS''), including court
disposition and corrections records;
(2) assist States in establishing or enhancing their own
capacities to perform NICS background checks;
(3) supply accurate and timely information to the Attorney
General concerning final dispositions of criminal records to
databases accessed by NICS;
(4) supply accurate and timely information to the Attorney
General concerning the identity of persons who are prohibited
from obtaining a firearm under section 922(g)(4) of title 18,
United States Code, to be used by the Federal Bureau of
Investigation solely to conduct NICS background checks;
(5) supply accurate and timely court orders and records of
misdemeanor crimes of domestic violence for inclusion in
Federal and State law enforcement databases used to conduct
NICS background checks;
(6) collect and analyze data needed to demonstrate levels
of State compliance with this Act; and
(7) maintain the relief from disabilities program in
accordance with section 105, but not less than 3 percent, and
no more than 10 percent of each grant shall be used for this
purpose.
(c) Eligibility.--To be eligible for a grant under this section, a
State shall certify, to the satisfaction of the Attorney General, that
the State has implemented a relief from disabilities program in
accordance with section 105.
(d) Condition.--As a condition of receiving a grant under this
section, a State shall specify the projects for which grant amounts
will be used, and shall use such amounts only as specified. A State
that violates this subsection shall be liable to the Attorney General
for the full amount of the grant received under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $125,000,000 for fiscal year 2009,
$250,000,000 for fiscal year 2010, $250,000,000 for fiscal year
2011, $125,000,000 for fiscal year 2012, and $125,000,000 for
fiscal year 2013.
(2) Allocations.--For fiscal years 2009 and 2010, the
Attorney General shall endeavor to allocate at least \1/2\ of
the authorized appropriations to those States providing more
than 50 percent of the records required to be provided under
sections 102 and 103. For fiscal years 2011, 2012, and 2013,
the Attorney General shall endeavor to allocate at least \1/2\
of the authorized appropriations to those States providing more
than 70 percent of the records required to be provided under
section 102 and 103. The allocations in this paragraph shall be
subject to the discretion of the Attorney General, who shall
have the authority to make adjustments to the distribution of
the authorized appropriations as necessary to maximize
incentives for State compliance.
(f) User Fee.--The Federal Bureau of Investigation shall not charge
a user fee for background checks pursuant to section 922(t) of title
18, United States Code.
SEC. 104. PENALTIES FOR NONCOMPLIANCE.
(a) Attorney General Report.--
(1) In general.--Not later than January 31 of each year,
the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on the progress of the
States in automating the databases containing information
described under sections 102 and 103, and in providing that
information pursuant to the requirements of sections 102 and
103.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice, such funds as
may be necessary to carry out paragraph (1).
(b) Penalties.--
(1) Discretionary reduction.--
(A) During the 2-year period beginning 3 years
after the date of enactment of this Act, the Attorney
General may withhold not more than 3 percent of the
amount that would otherwise be allocated to a State
under section 505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the State
provides less than 50 percent of the records required
to be provided under sections 102 and 103.
(B) During the 5-year period after the expiration
of the period referred to in subparagraph (A), the
Attorney General may withhold not more than 4 percent
of the amount that would otherwise be allocated to a
State under section 505 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State provides less than 70 percent of the records
required to be provided under sections 102 and 103.
(2) Mandatory reduction.--After the expiration of the
periods referred to in paragraph (1), the Attorney General
shall withhold 5 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the
State provides less than 90 percent of the records required to
be provided under sections 102 and 103.
(3) Waiver by attorney general.--The Attorney General may
waive the applicability of paragraph (2) to a State if the
State provides substantial evidence, as determined by the
Attorney General, that the State is making a reasonable effort
to comply with the requirements of sections 102 and 103,
including an inability to comply due to court order or other
legal restriction.
(c) Reallocation.--Any funds that are not allocated to a State
because of the failure of the State to comply with the requirements of
this Act shall be reallocated to States that meet such requirements.
(d) Methodology.--The method established to calculate the number of
records to be reported, as set forth in section 102(b)(1)(A), and State
compliance with the required level of reporting under sections 102 and
103 shall be determined by the Attorney General. The Attorney General
shall calculate the methodology based on the total number of records to
be reported from all subcategories of records, as described in section
102(b)(1)(C).
SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION FOR
PARTICIPATION IN GRANT PROGRAMS.
(a) Program Described.--A relief from disabilities program is
implemented by a State in accordance with this section if the program--
(1) permits a person who, pursuant to State law, has been
adjudicated as described in subsection (g)(4) of section 922 of
title 18, United States Code, or has been committed to a mental
institution, to apply to the State for relief from the
disabilities imposed by subsections (d)(4) and (g)(4) of such
section by reason of the adjudication or commitment;
(2) provides that a State court, board, commission, or
other lawful authority shall grant the relief, pursuant to
State law and in accordance with the principles of due process,
if the circumstances regarding the disabilities referred to in
paragraph (1), and the person's record and reputation, are such
that the person will not be likely to act in a manner dangerous
to public safety and that the granting of the relief would not
be contrary to the public interest; and
(3) permits a person whose application for the relief is
denied to file a petition with the State court of appropriate
jurisdiction for a de novo judicial review of the denial.
(b) Authority To Provide Relief From Certain Disabilities With
Respect to Firearms.--If, under a State relief from disabilities
program implemented in accordance with this section, an application for
relief referred to in subsection (a)(1) of this section is granted with
respect to an adjudication or a commitment to a mental institution or
based upon a removal of a record under section 102(c)(1)(B), the
adjudication or commitment, as the case may be, is deemed not to have
occurred for purposes of subsections (d)(4) and (g)(4) of section 922
of title 18, United States Code.
SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.
(a) In General.--Notwithstanding any other provision of law or of
this Act, all records obtained by the National Instant Criminal
Background Check system relevant to whether an individual is prohibited
from possessing a firearm because such person is an alien illegally or
unlawfully in the United States shall be made available to U.S.
Immigration and Customs Enforcement.
(b) Regulations.--The Attorney General, at his or her discretion,
shall promulgate guidelines relevant to what records relevant to
illegal aliens shall be provided pursuant to the provisions of this
Act.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT
RECORDS
SEC. 201. CONTINUING EVALUATIONS.
(a) Evaluation Required.--The Director of the Bureau of Justice
Statistics (referred to in this section as the ``Director'') shall
study and evaluate the operations of the National Instant Criminal
Background Check System. Such study and evaluation shall include
compilations and analyses of the operations and record systems of the
agencies and organizations necessary to support such System.
(b) Report on Grants.--Not later than January 31 of each year, the
Director shall submit to Congress a report containing the estimates
submitted by the States under section 102(b).
(c) Report on Best Practices.--Not later than January 31 of each
year, the Director shall submit to Congress, and to each State
participating in the National Criminal History Improvement Program, a
report of the practices of the States regarding the collection,
maintenance, automation, and transmittal of information relevant to
determining whether a person is prohibited from possessing or receiving
a firearm by Federal or State law, by the State or any other agency, or
any other records relevant to the National Instant Criminal Background
Check System, that the Director considers to be best practices.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2009 through 2013 to complete the studies, evaluations, and reports
required under this section.
TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN
AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS
SEC. 301. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL IMPROVEMENT
GRANTS.
(a) Grants Authorized.--From amounts made available to carry out
this section, the Attorney General shall make grants to each State,
consistent with State plans for the integration, automation, and
accessibility of criminal history records, for use by the State court
system to improve the automation and transmittal of criminal history
dispositions, records relevant to determining whether a person has been
convicted of a misdemeanor crime of domestic violence, court orders,
and mental health adjudications or commitments, to Federal and State
record repositories in accordance with sections 102 and 103 and the
National Criminal History Improvement Program.
(b) Grants to Indian Tribes.--Up to 5 percent of the grant funding
available under this section may be reserved for Indian tribal
governments for use by Indian tribal judicial systems.
(c) Use of Funds.--Amounts granted under this section shall be used
by the State court system only--
(1) to carry out, as necessary, assessments of the
capabilities of the courts of the State for the automation and
transmission of arrest and conviction records, court orders,
and mental health adjudications or commitments to Federal and
State record repositories; and
(2) to implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records,
court orders, and mental health adjudications or commitments to
Federal and State record repositories.
(d) Eligibility.--To be eligible to receive a grant under this
section, a State shall certify, to the satisfaction of the Attorney
General, that the State has implemented a relief from disabilities
program in accordance with section 105.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$62,500,000 for fiscal year 2009, $125,000,000 for fiscal year 2010,
$125,000,000 for fiscal year 2011, $62,500,000 for fiscal year 2012,
and $62,500,000 for fiscal year 2013.
TITLE IV--GAO AUDIT
SEC. 401. GAO AUDIT.
(a) In General.--The Comptroller General of the United States shall
conduct an audit of the expenditure of all funds appropriated for
criminal records improvement pursuant to section 106(b) of the Brady
Handgun Violence Prevention Act (Public Law 103-159) to determine if
the funds were expended for the purposes authorized by the Act and how
those funds were expended for those purposes or were otherwise
expended.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General shall submit a report to Congress
describing the findings of the audit conducted pursuant to subsection
(a).
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 2640
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AMENDMENT