[Congressional Record (Bound Edition), Volume 153 (2007), Part 27]
[House]
[Pages 36281-36285]
[From the U.S. Government Publishing Office, www.gpo.gov]




                NICS IMPROVEMENT AMENDMENTS ACT OF 2007

  Mrs. McCARTHY of New York. Madam Speaker, I ask unanimous consent to 
take from the Speaker's table the bill (H.R. 2640) to improve the 
National Instant Criminal Background Check System, and for other 
purposes, with a Senate amendment thereto, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will report the Senate amendment.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--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.

[[Page 36282]]

       (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--

[[Page 36283]]

       (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;

[[Page 36284]]

       (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

[[Page 36285]]

     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).

  Mr. PRICE of Georgia (during the reading). Madam Speaker, I ask 
unanimous consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentlewoman from New York?
  There was no objection.


              Motion Offered by Mrs. McCarthy of New York

  Mrs. McCARTHY of New York. Madam Speaker, I have a motion at the 
desk.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mrs. McCarthy of New York moves that the House concur in 
     the Senate amendment to H.R. 2640.

  Mr. BOUCHER. Madam Speaker, I rise in support of the measure which I 
am pleased to cosponsor with the gentlelady from New York, Mrs. 
McCarthy, and the gentleman from Michigan, Mr. Dingell. I want to thank 
both of my colleagues for their careful and constructive work on the 
legislation.
  The bill before us today is a well-tailored response to the tragedy 
that occurred earlier this year in my Congressional District at 
Virginia Tech University.
  It also meets a nationwide need for better reporting of mental health 
records to the National Instant Criminal Background Check System, 
against which prospective gun purchases are checked to determine 
whether they are eligible to purchase firearms.
  Under existing federal law, which was also in effect at the time of 
the Virginia Tech tragedy, persons who have been adjudicated to be a 
risk to others or to themselves because of a mental condition are 
barred from purchasing firearms.
  The perpetrator of the Virginia Tech tragedy had been adjudicated to 
be a risk to himself and committed for outpatient mental evaluation.
  Accordingly, under federal law in effect at the time, he should have 
been barred from purchasing the firearms he used.
  However, at the time the purchases were made, Virginia did not submit 
to the National Instant Background Check System mental health records 
of persons who were committed for outpatient as opposed to inpatient 
mental evaluation.
  Therefore, the disqualifying adjudication that the perpetrator was a 
risk to himself was not submitted to the background check system, and 
he was able to purchase firearms.
  Ironically, at the time Virginia had the best record among the States 
for submitting mental health records to the national system.
  Since the tragedy, Virginia's mental health record submissions have 
been made much more thorough by an executive order signed by Tim Kaine, 
the Commonwealth's Governor.
  Nationwide, the number of mental health records submitted by the 
States to the federal database has doubled since the tragic events of 
April. I am pleased by this progress, but there are further 
improvements to be made, as 18 states currently do not submit names to 
the federal database.
  The bill we will pass today will further improve the submission of 
mental health records nationwide by providing grants to States which 
undertake projects to make more thorough record submissions.
  I also support the changes made by the Senate which strengthen the 
appeal process provided by the bill for individuals to have their names 
removed from the database if their mental health records are inaccurate 
or outdated. These changes will further ensure the accuracy of the 
National Instant Background Check System.
  I commend Mrs. McCarthy for her longstanding effort to take these 
necessary and constructive steps, and I urge passage of the bill.
  Mr. DINGELL. Madam Speaker, I rise in support of this legislation, 
which makes a number of important improvements to the National Instant 
Criminal Background Check System. Congresswoman McCarthy and I first 
offered this legislation in 2002, when it became obvious to us that the 
NICS System was not working as Congress had intended it to. Those 
shortcomings were highlighted earlier this year when a gunman with a 
history of mental illness shot and killed 32 people and wounded many 
more. Cho Sun Hui had been adjudicated mentally ill by the state of 
Virginia, and under the law should not have been able to purchase the 
guns he used to kill his classmates. This legislation will ensure that 
individuals like Cho Sun Hui are included in the NICS database.
  This legislation will also benefit lawful gun purchasers, many of 
whom face unnecessary delays when waiting for their background check to 
be completed. For the first time since the creation of NICS, it will 
live up to its name and be both national and instant. It also benefits 
those who have been wrongfully included in the NICS database by 
providing a mechanism for petitioning the government for removal from 
the system. This is an important improvement which will strengthen the 
second amendment rights of all Americans.
  There are many people who should be thanked for their hard work on 
this bill, but I would like to take just a moment to recognize a few of 
those people. Representative Carolyn McCarthy and I have worked on NICS 
improvement legislation for a few years now and while most would say we 
are an odd pair when it comes to this particular issue, I would suggest 
we are just two legislators trying to fix a legitimate problem. I have 
tremendous respect for Representative McCarthy; it has been an honor 
and privilege to work with her. I would also like to thank Senator 
Chuck Schumer for his hard work and dedication. Also, I would like to 
extend my appreciation to Senators Craig and Hatch, as well as 
Representatives Conyers and Lamar Smith. Lastly, I would like to thank 
the National Rifle Association. The NRA's support for this legislation 
has been invaluable and is a testament to the NRA's commitment to 
passing sensible and responsible legislation to keep guns out of the 
hands of criminals and the mentally ill.
  The motion was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________