H. R. 2640 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To improve the National Instant Criminal Background Check System, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress 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 
H. R. 2640—2 

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). 
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(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.— 
H. R. 2640—4 

(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 
H. R. 2640—5 

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) 
H. R. 2640—6 

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 
H. R. 2640—7 

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 
H. R. 2640—8 

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 
H. R. 2640—9 

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; 
H. R. 2640—10 

(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.— 
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(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 
H. R. 2640—12 

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. 
H. R. 2640—13 

(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 
H. R. 2640—14 

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). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.