[Congressional Record Volume 144, Number 69 (Tuesday, June 2, 1998)]
[Senate]
[Page S5571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS:
  S. 2128. A bill to clarify the authority of the Director of the 
Federal Bureau of Investigation regarding the collection of fees to 
process certain identification records and name checks, and for other 
purposes; to the Committee on the Judiciary.


                           no gun tax of 1998

 Mr. STEVENS. Mr. President, I introduce for proper referral 
the No Gun Tax Act of 1998 to address the implementation of the 
National Instant Criminal Background Check System (NICS) which takes 
effect November 30, 1998.
  As you know, the Brady Act had two provisions: an interim provision, 
which will expire on November 29, 1998, and permanent provision which 
will take effect on December 1, 1998. The permanent provision mandates 
the establishment of a National Instant Criminal Background Checks 
System (NICS). The operation of the NICS will be the responsibility of 
the Justice Department.
  The Department of Justice now proposes to charge fees for the NICS 
using the authority of a provision in the 1991 Commerce, Justice, State 
Appropriations Act (Public Law 101-515)--an Act that was passed two 
years before the NICS program and which was never intended to allow 
fees under the NICS program. This limited 1991 authority allowed fees 
only ``to process fingerprint identification records and name checks 
for non-criminal justice * * * and licensing purposes.'' It was not 
intended to apply to programs like the NICS program, which checks the 
criminal background of purchasers and has nothing to do with licensing.
  For years I and others pushed for the instant check system as the 
most thorough and efficient way to ensure that criminals cannot buy 
firearms. The imposition of a fee would encourage some to try to obtain 
firearms on the black market. No matter how you feel about gun control, 
we should all do what we can to make sure the new background check 
system works.
  I ask unanimous consent that the text of the bill be printed in the 
Record. I urge all of my colleagues to support this very important 
bill.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2128

       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 ``No Gun Tax Act of 1998''.

     SEC. 2. IDENTIFICATION RECORDS AND NAME CHECKS FEES.

       The first paragraph under the subheading ``Salaries and 
     Expenses'' under the heading ``Federal Bureau of 
     Investigation'' in title II of Public Law 105-515 (28 U.S.C. 
     534 note) is amended by adding at the end thereof the 
     following new sentence: ``Notwithstanding the foregoing or 
     any other provision of law, the Director may not collect any 
     fee, assessment, third party collection, or other charge from 
     any person or agency in connection with any background check 
     required under subsections (s) or (t) of section 922 of title 
     18, United States Code.''.
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