[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

121 STAT. 2559

Public Law 110-180
110th Congress

An Act


 
To improve the National Instant Criminal Background Check System, and
for other [NOTE: Jan. 8, 2008 -  [H.R. 2640] purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: NICS Improvement Amendments
Act of 2007. Inter-governmental relations. 18 USC 922 note. assembled,

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

[[Page 2560]]
121 STAT. 2560

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).

[[Page 2561]]
121 STAT. 2561

(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 [NOTE: Guidelines. 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 [NOTE: Deadline. 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.--

[[Page 2562]]
121 STAT. 2562

(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

[[Page 2563]]
121 STAT. 2563

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 [NOTE: Deadline. 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 [NOTE: Deadline. 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)

[[Page 2564]]
121 STAT. 2564

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 [NOTE: Effective date. 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 [NOTE: Effective date. 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 [NOTE: Deadline. 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

[[Page 2565]]
121 STAT. 2565

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

[[Page 2566]]
121 STAT. 2566

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) [NOTE: Notification. 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 [NOTE: Deadline. 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

[[Page 2567]]
121 STAT. 2567

to mental institutions to assist the Attorney General in
enforcing section 922(g)(4) of title 18, United States Code.

(d) Privacy [NOTE: Regulations. 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 [NOTE: Grants. Native Americans. 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;

[[Page 2568]]
121 STAT. 2568

(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 [NOTE: Certification. 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.--

[[Page 2569]]
121 STAT. 2569

(A) [NOTE: Effective date. 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

[[Page 2570]]
121 STAT. 2570

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.

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(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




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121 STAT. 2572

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).

Approved January 8, 2008.

LEGISLATIVE HISTORY--H.R. 2640:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
June 13, considered and passed House.
Dec. 19, considered and passed Senate, amended. House
concurred in Senate amendment.



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CONCURRENT RESOLUTIONS
FIRST SESSION, ONE HUNDRED TENTH CONGRESS





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