```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     December 19, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
2640) entitled ``An Act to improve the National Instant Criminal 
Background Check System, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Tile.--This Act may be cited as the ``NICS Improvement 
Amendments Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                    TITLE I--TRANSMITTAL OF RECORDS

Sec. 101. Enhancement of requirement that Federal departments and 
                            agencies provide relevant information to 
                            the National Instant Criminal Background 
                            Check System.
Sec. 102. Requirements to obtain waiver.
Sec. 103. Implementation assistance to States.
Sec. 104. Penalties for noncompliance.
Sec. 105. Relief from disabilities program required as condition for 
                            participation in grant programs.
Sec. 106. Illegal immigrant gun purchase notification.

 TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT 
                                RECORDS

Sec. 201. Continuing evaluations.

    TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN 
           AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

Sec. 301. Disposition records automation and transmittal improvement 
                            grants.

                          TITLE IV--GAO AUDIT

Sec. 401. GAO audit.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Approximately 916,000 individuals were prohibited from 
        purchasing a firearm for failing a background check between 
        November 30, 1998, (the date the National Instant Criminal 
        Background Check System (NICS) began operating) and December 
        31, 2004.
            (2) From November 30, 1998, through December 31, 2004, 
        nearly 49,000,000 Brady background checks were processed 
        through NICS.
            (3) Although most Brady background checks are processed 
        through NICS in seconds, many background checks are delayed if 
        the Federal Bureau of Investigation (FBI) does not have 
        automated access to complete information from the States 
        concerning persons prohibited from possessing or receiving a 
        firearm under Federal or State law.
            (4) Nearly 21,000,000 criminal records are not accessible 
        by NICS and millions of criminal records are missing critical 
        data, such as arrest dispositions, due to data backlogs.
            (5) The primary cause of delay in NICS background checks is 
        the lack of--
                    (A) updates and available State criminal 
                disposition records; and
                    (B) automated access to information concerning 
                persons prohibited from possessing or receiving a 
                firearm because of mental illness, restraining orders, 
                or misdemeanor convictions for domestic violence.
            (6) Automated access to this information can be improved 
        by--
                    (A) computerizing information relating to criminal 
                history, criminal dispositions, mental illness, 
                restraining orders, and misdemeanor convictions for 
                domestic violence; or
                    (B) making such information available to NICS in a 
                usable format.
            (7) Helping States to automate these records will reduce 
        delays for law-abiding gun purchasers.
            (8) On March 12, 2002, the senseless shooting, which took 
        the lives of a priest and a parishioner at the Our Lady of 
        Peace Church in Lynbrook, New York, brought attention to the 
        need to improve information-sharing that would enable Federal 
        and State law enforcement agencies to conduct a complete 
        background check on a potential firearm purchaser. The man who 
        committed this double murder had a prior disqualifying mental 
        health commitment and a restraining order against him, but 
        passed a Brady background check because NICS did not have the 
        necessary information to determine that he was ineligible to 
        purchase a firearm under Federal or State law.
            (9) On April 16, 2007, a student with a history of mental 
        illness at the Virginia Polytechnic Institute and State 
        University shot to death 32 students and faculty members, 
        wounded 17 more, and then took his own life. The shooting, the 
        deadliest campus shooting in United States history, renewed the 
        need to improve information-sharing that would enable Federal 
        and State law enforcement agencies to conduct complete 
        background checks on potential firearms purchasers. In spite of 
        a proven history of mental illness, the shooter was able to 
        purchase the two firearms used in the shooting. Improved 
        coordination between State and Federal authorities could have 
        ensured that the shooter's disqualifying mental health 
        information was available to NICS.

SEC. 3. DEFINITIONS.

    As used in this Act, the following definitions shall apply:
            (1) Court order.--The term ``court order'' includes a court 
        order (as described in section 922(g)(8) of title 18, United 
        States Code).
            (2) Mental health terms.--The terms ``adjudicated as a 
        mental defective'' and ``committed to a mental institution'' 
        have the same meanings as in section 922(g)(4) of title 18, 
        United States Code.
            (3) Misdemeanor crime of domestic violence.--The term 
        ``misdemeanor crime of domestic violence'' has the meaning 
        given the term in section 921(a)(33) of title 18, United States 
        Code.

                    TITLE I--TRANSMITTAL OF RECORDS

SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND 
              AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL 
              INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General.--Section 103(e)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
                    ``(A) In general.--Notwithstanding'';
            (2) by striking ``On request'' and inserting the following:
                    ``(B) Request of attorney general.--On request'';
            (3) by striking ``furnish such information'' and inserting 
        ``furnish electronic versions of the information described 
        under subparagraph (A)''; and
            (4) by adding at the end the following:
                    ``(C) Quarterly submission to attorney general.--If 
                a Federal department or agency under subparagraph (A) 
                has any record of any person demonstrating that the 
                person falls within one of the categories described in 
                subsection (g) or (n) of section 922 of title 18, 
                United States Code, the head of such department or 
                agency shall, not less frequently than quarterly, 
                provide the pertinent information contained in such 
                record to the Attorney General.
                    ``(D) Information updates.--The Federal department 
                or agency, on being made aware that the basis under 
                which a record was made available under subparagraph 
                (A) does not apply, or no longer applies, shall--
                            ``(i) update, correct, modify, or remove 
                        the record from any database that the agency 
                        maintains and makes available to the Attorney 
                        General, in accordance with the rules 
                        pertaining to that database; and
                            ``(ii) notify the Attorney General that 
                        such basis no longer applies so that the 
                        National Instant Criminal Background Check 
                        System is kept up to date.
                The Attorney General upon receiving notice pursuant to 
                clause (ii) shall ensure that the record in the 
                National Instant Criminal Background Check System is 
                updated, corrected, modified, or removed within 30 days 
                of receipt.
                    ``(E) Annual report.--The Attorney General shall 
                submit an annual report to Congress that describes the 
                compliance of each department or agency with the 
                provisions of this paragraph.''.
    (b) Provision and Maintenance of NICS Records.--
            (1) Department of homeland security.--The Secretary of 
        Homeland Security shall make available to the Attorney 
        General--
                    (A) records, updated not less than quarterly, which 
                are relevant to a determination of whether a person is 
                disqualified from possessing or receiving a firearm 
                under subsection (g) or (n) of section 922 of title 18, 
                United States Code, for use in background checks 
                performed by the National Instant Criminal Background 
                Check System; and
                    (B) information regarding all the persons described 
                in subparagraph (A) of this paragraph who have changed 
                their status to a category not identified under section 
                922(g)(5) of title 18, United States Code, for removal, 
                when applicable, from the National Instant Criminal 
                Background Check System.
            (2) Department of justice.--The Attorney General shall--
                    (A) ensure that any information submitted to, or 
                maintained by, the Attorney General under this section 
                is kept accurate and confidential, as required by the 
                laws, regulations, policies, or procedures governing 
                the applicable record system;
                    (B) provide for the timely removal and destruction 
                of obsolete and erroneous names and information from 
                the National Instant Criminal Background Check System; 
                and
                    (C) work with States to encourage the development 
                of computer systems, which would permit electronic 
                notification to the Attorney General when--
                            (i) a court order has been issued, lifted, 
                        or otherwise removed by order of the court; or
                            (ii) a person has been adjudicated as a 
                        mental defective or committed to a mental 
                        institution.
    (c) Standard for Adjudications and Commitments Related to Mental 
Health.--
            (1) In general.--No department or agency of the Federal 
        Government may provide to the Attorney General any record of an 
        adjudication related to the mental health of a person or any 
        commitment of a person to a mental institution if--
                    (A) the adjudication or commitment, respectively, 
                has been set aside or expunged, or the person has 
                otherwise been fully released or discharged from all 
                mandatory treatment, supervision, or monitoring;
                    (B) the person has been found by a court, board, 
                commission, or other lawful authority to no longer 
                suffer from the mental health condition that was the 
                basis of the adjudication or commitment, respectively, 
                or has otherwise been found to be rehabilitated through 
                any procedure available under law; or
                    (C) the adjudication or commitment, respectively, 
                is based solely on a medical finding of disability, 
                without an opportunity for a hearing by a court, board, 
                commission, or other lawful authority, and the person 
                has not been adjudicated as a mental defective 
                consistent with section 922(g)(4) of title 18, United 
                States Code, except that nothing in this section or any 
                other provision of law shall prevent a Federal 
                department or agency from providing to the Attorney 
                General any record demonstrating that a person was 
                adjudicated to be not guilty by reason of insanity, or 
                based on lack of mental responsibility, or found 
                incompetent to stand trial, in any criminal case or 
                under the Uniform Code of Military Justice.
            (2) Treatment of certain adjudications and commitments.--
                    (A) Program for relief from disabilities.--
                            (i) In general.--Each department or agency 
                        of the United States that makes any 
                        adjudication related to the mental health of a 
                        person or imposes any commitment to a mental 
                        institution, as described in subsection (d)(4) 
                        and (g)(4) of section 922 of title 18, United 
                        States Code, shall establish, not later than 
                        120 days after the date of enactment of this 
                        Act, a program that permits such a person to 
                        apply for relief from the disabilities imposed 
                        by such subsections.
                            (ii) Process.--Each application for relief 
                        submitted under the program required by this 
                        subparagraph shall be processed not later than 
                        365 days after the receipt of the application. 
                        If a Federal department or agency fails to 
                        resolve an application for relief within 365 
                        days for any reason, including a lack of 
                        appropriated funds, the department or agency 
                        shall be deemed for all purposes to have denied 
                        such request for relief without cause. Judicial 
                        review of any petitions brought under this 
                        clause shall be de novo.
                            (iii) Judicial review.--Relief and judicial 
                        review with respect to the program required by 
                        this subparagraph shall be available according 
                        to the standards prescribed in section 925(c) 
                        of title 18, United States Code. If the denial 
                        of a petition for relief has been reversed 
                        after such judicial review, the court shall 
                        award the prevailing party, other than the 
                        United States, a reasonable attorney's fee for 
                        any and all proceedings in relation to 
                        attaining such relief, and the United States 
                        shall be liable for such fee. Such fee shall be 
                        based upon the prevailing rates awarded to 
                        public interest legal aid organizations in the 
                        relevant community.
                    (B) Relief from disabilities.--In the case of an 
                adjudication related to the mental health of a person 
                or a commitment of a person to a mental institution, a 
                record of which may not be provided to the Attorney 
                General under paragraph (1), including because of the 
                absence of a finding described in subparagraph (C) of 
                such paragraph, or from which a person has been granted 
                relief under a program established under subparagraph 
                (A) or (B), or because of a removal of a record under 
                section 103(e)(1)(D) of the Brady Handgun Violence 
                Prevention Act, the adjudication or commitment, 
                respectively, shall be deemed not to have occurred for 
                purposes of subsections (d)(4) and (g)(4) of section 
                922 of title 18, United States Code. Any Federal agency 
                that grants a person relief from disabilities under 
                this subparagraph shall notify such person that the 
                person is no longer prohibited under 922(d)(4) or 
                922(g)(4) of title 18, United States Code, on account 
                of the relieved disability for which relief was granted 
                pursuant to a proceeding conducted under this 
                subparagraph, with respect to the acquisition, receipt, 
                transfer, shipment, transportation, or possession of 
                firearms.
            (3) Notice requirement.--Effective 30 days after the date 
        of enactment of this Act, any Federal department or agency that 
        conducts proceedings to adjudicate a person as a mental 
        defective under 922(d)(4) or 922(g)(4) of title 18, United 
        States Code, shall provide both oral and written notice to the 
        individual at the commencement of the adjudication process 
        including--
                    (A) notice that should the agency adjudicate the 
                person as a mental defective, or should the person be 
                committed to a mental institution, such adjudication, 
                when final, or such commitment, will prohibit the 
                individual from purchasing, possessing, receiving, 
                shipping or transporting a firearm or ammunition under 
                section 922(d)(4) or section 922(g)(4) of title 18, 
                United States Code;
                    (B) information about the penalties imposed for 
                unlawful possession, receipt, shipment or 
                transportation of a firearm under section 924(a)(2) of 
                title 18, United States Code; and
                    (C) information about the availability of relief 
                from the disabilities imposed by Federal laws with 
                respect to the acquisition, receipt, transfer, 
                shipment, transportation, or possession of firearms.
            (4) Effective date.--Except for paragraph (3), this 
        subsection shall apply to names and other information provided 
        before, on, or after the date of enactment of this Act. Any 
        name or information provided in violation of this subsection 
        (other than in violation of paragraph (3)) before, on, or after 
        such date shall be removed from the National Instant Criminal 
        Background Check System.

SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.

    (a) In General.--Beginning 3 years after the date of the enactment 
of this Act, a State shall be eligible to receive a waiver of the 10 
percent matching requirement for National Criminal History Improvement 
Grants under the Crime Identification Technology Act of 1988 (42 U.S.C. 
14601) if the State provides at least 90 percent of the information 
described in subsection (c). The length of such a waiver shall not 
exceed 2 years.
    (b) State Estimates.--
            (1) Initial state estimate.--
                    (A) In general.--To assist the Attorney General in 
                making a determination under subsection (a) of this 
                section, and under section 104, concerning the 
                compliance of the States in providing information to 
                the Attorney General for the purpose of receiving a 
                waiver under subsection (a) of this section, or facing 
                a loss of funds under section 104, by a date not later 
                than 180 days after the date of the enactment of this 
                Act, each State shall provide the Attorney General with 
                a reasonable estimate, as calculated by a method 
                determined by the Attorney General and in accordance 
                with section 104(d), of the number of the records 
                described in subparagraph (C) applicable to such State 
                that concern persons who are prohibited from possessing 
                or receiving a firearm under subsection (g) or (n) of 
                section 922 of title 18, United States Code.
                    (B) Failure to provide initial estimate.--A State 
                that fails to provide an estimate described in 
                subparagraph (A) by the date required under such 
                subparagraph shall be ineligible to receive any funds 
                under section 103, until such date as it provides such 
                estimate to the Attorney General.
                    (C) Record defined.--For purposes of subparagraph 
                (A), a record is the following:
                            (i) A record that identifies a person who 
                        has been convicted in any court of a crime 
                        punishable by imprisonment for a term exceeding 
                        1 year.
                            (ii) A record that identifies a person for 
                        whom an indictment has been returned for a 
                        crime punishable by imprisonment for a term 
                        exceeding 1 year that is valid under the laws 
                        of the State involved or who is a fugitive from 
                        justice, as of the date of the estimate, and 
                        for which a record of final disposition is not 
                        available.
                            (iii) A record that identifies a person who 
                        is an unlawful user of, or addicted to a 
                        controlled substance (as such terms ``unlawful 
                        user'' and ``addicted'' are respectively 
                        defined in regulations implementing section 
                        922(g)(3) of title 18, United States Code, as 
                        in effect on the date of the enactment of this 
                        Act) as demonstrated by arrests, convictions, 
                        and adjudications, and whose record is not 
                        protected from disclosure to the Attorney 
                        General under any provision of State or Federal 
                        law.
                            (iv) A record that identifies a person who 
                        has been adjudicated as a mental defective or 
                        committed to a mental institution, consistent 
                        with section 922(g)(4) of title 18, United 
                        States Code, and whose record is not protected 
                        from disclosure to the Attorney General under 
                        any provision of State or Federal law.
                            (v) A record that is electronically 
                        available and that identifies a person who, as 
                        of the date of such estimate, is subject to a 
                        court order described in section 922(g)(8) of 
                        title 18, United States Code.
                            (vi) A record that is electronically 
                        available and that identifies a person 
                        convicted in any court of a misdemeanor crime 
                        of domestic violence, as defined in section 
                        921(a)(33) of title 18, United States Code.
            (2) Scope.--The Attorney General, in determining the 
        compliance of a State under this section or section 104 for the 
        purpose of granting a waiver or imposing a loss of Federal 
        funds, shall assess the total percentage of records provided by 
        the State concerning any event occurring within the prior 20 
        years, which would disqualify a person from possessing a 
        firearm under subsection (g) or (n) of section 922 of title 18, 
        United States Code.
            (3) Clarification.--Notwithstanding paragraph (2), States 
        shall endeavor to provide the National Instant Criminal 
        Background Check System with all records concerning persons who 
        are prohibited from possessing or receiving a firearm under 
        subsection (g) or (n) of section 922 of title 18, United States 
        Code, regardless of the elapsed time since the disqualifying 
        event.
    (c) Eligibility of State Records for Submission to the National 
Instant Criminal Background Check System.--
            (1) Requirements for eligibility.--
                    (A) In general.--From the information collected by 
                a State, the State shall make electronically available 
                to the Attorney General records relevant to a 
                determination of whether a person is disqualified from 
                possessing or receiving a firearm under subsection (g) 
                or (n) of section 922 of title 18, United States Code, 
                or applicable State law.
                    (B) NICS updates.--The State, on being made aware 
                that the basis under which a record was made available 
                under subparagraph (A) does not apply, or no longer 
                applies, shall, as soon as practicable--
                            (i) update, correct, modify, or remove the 
                        record from any database that the Federal or 
                        State government maintains and makes available 
                        to the National Instant Criminal Background 
                        Check System, consistent with the rules 
                        pertaining to that database; and
                            (ii) notify the Attorney General that such 
                        basis no longer applies so that the record 
                        system in which the record is maintained is 
                        kept up to date.
                The Attorney General upon receiving notice pursuant to 
                clause (ii) shall ensure that the record in the 
                National Instant Criminal Background Check System is 
                updated, corrected, modified, or removed within 30 days 
                of receipt.
                    (C) Certification.--To remain eligible for a waiver 
                under subsection (a), a State shall certify to the 
                Attorney General, not less than once during each 2-year 
                period, that at least 90 percent of all records 
                described in subparagraph (A) has been made 
                electronically available to the Attorney General in 
                accordance with subparagraph (A).
                    (D) Inclusion of all records.--For purposes of this 
                paragraph, a State shall identify and include all of 
                the records described under subparagraph (A) without 
                regard to the age of the record.
            (2) Application to persons convicted of misdemeanor crimes 
        of domestic violence.--The State shall make available to the 
        Attorney General, for use by the National Instant Criminal 
        Background Check System, records relevant to a determination of 
        whether a person has been convicted in any court of a 
        misdemeanor crime of domestic violence. With respect to records 
        relating to such crimes, the State shall provide information 
        specifically describing the offense and the specific section or 
        subsection of the offense for which the defendant has been 
        convicted and the relationship of the defendant to the victim 
        in each case.
            (3) Application to persons who have been adjudicated as a 
        mental defective or committed to a mental institution.--The 
        State shall make available to the Attorney General, for use by 
        the National Instant Criminal Background Check System, the name 
        and other relevant identifying information of persons 
        adjudicated as a mental defective or those committed to mental 
        institutions to assist the Attorney General in enforcing 
        section 922(g)(4) of title 18, United States Code.
    (d) Privacy Protections.--For any information provided to the 
Attorney General for use by the National Instant Criminal Background 
Check System, relating to persons prohibited from possessing or 
receiving a firearm under section 922(g)(4) of title 18, United States 
Code, the Attorney General shall work with States and local law 
enforcement and the mental health community to establish regulations 
and protocols for protecting the privacy of information provided to the 
system. The Attorney General shall make every effort to meet with any 
mental health group seeking to express its views concerning these 
regulations and protocols and shall seek to develop regulations as 
expeditiously as practicable.
    (e) Attorney General Report.--Not later than January 31 of each 
year, the Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report on the progress of States in automating the 
databases containing the information described in subsection (b) and in 
making that information electronically available to the Attorney 
General pursuant to the requirements of subsection (c).

SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.

    (a) Authorization.--
            (1) In general.--From amounts made available to carry out 
        this section and subject to section 102(b)(1)(B), the Attorney 
        General shall make grants to States and Indian tribal 
        governments, in a manner consistent with the National Criminal 
        History Improvement Program, which shall be used by the States 
        and Indian tribal governments, in conjunction with units of 
        local government and State and local courts, to establish or 
        upgrade information and identification technologies for 
        firearms eligibility determinations. Not less than 3 percent, 
        and no more than 10 percent of each grant under this paragraph 
        shall be used to maintain the relief from disabilities program 
        in accordance with section 105.
            (2) Grants to indian tribes.--Up to 5 percent of the grant 
        funding available under this section may be reserved for Indian 
        tribal governments, including tribal judicial systems.
    (b) Use of Grant Amounts.--Grants awarded to States or Indian 
tribes under this section may only be used to--
            (1) create electronic systems, which provide accurate and 
        up-to-date information which is directly related to checks 
        under the National Instant Criminal Background Check System 
        (referred to in this section as ``NICS''), including court 
        disposition and corrections records;
            (2) assist States in establishing or enhancing their own 
        capacities to perform NICS background checks;
            (3) supply accurate and timely information to the Attorney 
        General concerning final dispositions of criminal records to 
        databases accessed by NICS;
            (4) supply accurate and timely information to the Attorney 
        General concerning the identity of persons who are prohibited 
        from obtaining a firearm under section 922(g)(4) of title 18, 
        United States Code, to be used by the Federal Bureau of 
        Investigation solely to conduct NICS background checks;
            (5) supply accurate and timely court orders and records of 
        misdemeanor crimes of domestic violence for inclusion in 
        Federal and State law enforcement databases used to conduct 
        NICS background checks;
            (6) collect and analyze data needed to demonstrate levels 
        of State compliance with this Act; and
            (7) maintain the relief from disabilities program in 
        accordance with section 105, but not less than 3 percent, and 
        no more than 10 percent of each grant shall be used for this 
        purpose.
    (c) Eligibility.--To be eligible for a grant under this section, a 
State shall certify, to the satisfaction of the Attorney General, that 
the State has implemented a relief from disabilities program in 
accordance with section 105.
    (d) Condition.--As a condition of receiving a grant under this 
section, a State shall specify the projects for which grant amounts 
will be used, and shall use such amounts only as specified. A State 
that violates this subsection shall be liable to the Attorney General 
for the full amount of the grant received under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $125,000,000 for fiscal year 2009, 
        $250,000,000 for fiscal year 2010, $250,000,000 for fiscal year 
        2011, $125,000,000 for fiscal year 2012, and $125,000,000 for 
        fiscal year 2013.
            (2) Allocations.--For fiscal years 2009 and 2010, the 
        Attorney General shall endeavor to allocate at least \1/2\ of 
        the authorized appropriations to those States providing more 
        than 50 percent of the records required to be provided under 
        sections 102 and 103. For fiscal years 2011, 2012, and 2013, 
        the Attorney General shall endeavor to allocate at least \1/2\ 
        of the authorized appropriations to those States providing more 
        than 70 percent of the records required to be provided under 
        section 102 and 103. The allocations in this paragraph shall be 
        subject to the discretion of the Attorney General, who shall 
        have the authority to make adjustments to the distribution of 
        the authorized appropriations as necessary to maximize 
        incentives for State compliance.
    (f) User Fee.--The Federal Bureau of Investigation shall not charge 
a user fee for background checks pursuant to section 922(t) of title 
18, United States Code.

SEC. 104. PENALTIES FOR NONCOMPLIANCE.

    (a) Attorney General Report.--
            (1) In general.--Not later than January 31 of each year, 
        the Attorney General shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report on the progress of the 
        States in automating the databases containing information 
        described under sections 102 and 103, and in providing that 
        information pursuant to the requirements of sections 102 and 
        103.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice, such funds as 
        may be necessary to carry out paragraph (1).
    (b) Penalties.--
            (1) Discretionary reduction.--
                    (A) During the 2-year period beginning 3 years 
                after the date of enactment of this Act, the Attorney 
                General may withhold not more than 3 percent of the 
                amount that would otherwise be allocated to a State 
                under section 505 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3755) if the State 
                provides less than 50 percent of the records required 
                to be provided under sections 102 and 103.
                    (B) During the 5-year period after the expiration 
                of the period referred to in subparagraph (A), the 
                Attorney General may withhold not more than 4 percent 
                of the amount that would otherwise be allocated to a 
                State under section 505 of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
                State provides less than 70 percent of the records 
                required to be provided under sections 102 and 103.
            (2) Mandatory reduction.--After the expiration of the 
        periods referred to in paragraph (1), the Attorney General 
        shall withhold 5 percent of the amount that would otherwise be 
        allocated to a State under section 505 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the 
        State provides less than 90 percent of the records required to 
        be provided under sections 102 and 103.
            (3) Waiver by attorney general.--The Attorney General may 
        waive the applicability of paragraph (2) to a State if the 
        State provides substantial evidence, as determined by the 
        Attorney General, that the State is making a reasonable effort 
        to comply with the requirements of sections 102 and 103, 
        including an inability to comply due to court order or other 
        legal restriction.
    (c) Reallocation.--Any funds that are not allocated to a State 
because of the failure of the State to comply with the requirements of 
this Act shall be reallocated to States that meet such requirements.
    (d) Methodology.--The method established to calculate the number of 
records to be reported, as set forth in section 102(b)(1)(A), and State 
compliance with the required level of reporting under sections 102 and 
103 shall be determined by the Attorney General. The Attorney General 
shall calculate the methodology based on the total number of records to 
be reported from all subcategories of records, as described in section 
102(b)(1)(C).

SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION FOR 
              PARTICIPATION IN GRANT PROGRAMS.

    (a) Program Described.--A relief from disabilities program is 
implemented by a State in accordance with this section if the program--
            (1) permits a person who, pursuant to State law, has been 
        adjudicated as described in subsection (g)(4) of section 922 of 
        title 18, United States Code, or has been committed to a mental 
        institution, to apply to the State for relief from the 
        disabilities imposed by subsections (d)(4) and (g)(4) of such 
        section by reason of the adjudication or commitment;
            (2) provides that a State court, board, commission, or 
        other lawful authority shall grant the relief, pursuant to 
        State law and in accordance with the principles of due process, 
        if the circumstances regarding the disabilities referred to in 
        paragraph (1), and the person's record and reputation, are such 
        that the person will not be likely to act in a manner dangerous 
        to public safety and that the granting of the relief would not 
        be contrary to the public interest; and
            (3) permits a person whose application for the relief is 
        denied to file a petition with the State court of appropriate 
        jurisdiction for a de novo judicial review of the denial.
    (b) Authority To Provide Relief From Certain Disabilities With 
Respect to Firearms.--If, under a State relief from disabilities 
program implemented in accordance with this section, an application for 
relief referred to in subsection (a)(1) of this section is granted with 
respect to an adjudication or a commitment to a mental institution or 
based upon a removal of a record under section 102(c)(1)(B), the 
adjudication or commitment, as the case may be, is deemed not to have 
occurred for purposes of subsections (d)(4) and (g)(4) of section 922 
of title 18, United States Code.

SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.

    (a) In General.--Notwithstanding any other provision of law or of 
this Act, all records obtained by the National Instant Criminal 
Background Check system relevant to whether an individual is prohibited 
from possessing a firearm because such person is an alien illegally or 
unlawfully in the United States shall be made available to U.S. 
Immigration and Customs Enforcement.
    (b) Regulations.--The Attorney General, at his or her discretion, 
shall promulgate guidelines relevant to what records relevant to 
illegal aliens shall be provided pursuant to the provisions of this 
Act.

 TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT 
                                RECORDS

SEC. 201. CONTINUING EVALUATIONS.

    (a) Evaluation Required.--The Director of the Bureau of Justice 
Statistics (referred to in this section as the ``Director'') shall 
study and evaluate the operations of the National Instant Criminal 
Background Check System. Such study and evaluation shall include 
compilations and analyses of the operations and record systems of the 
agencies and organizations necessary to support such System.
    (b) Report on Grants.--Not later than January 31 of each year, the 
Director shall submit to Congress a report containing the estimates 
submitted by the States under section 102(b).
    (c) Report on Best Practices.--Not later than January 31 of each 
year, the Director shall submit to Congress, and to each State 
participating in the National Criminal History Improvement Program, a 
report of the practices of the States regarding the collection, 
maintenance, automation, and transmittal of information relevant to 
determining whether a person is prohibited from possessing or receiving 
a firearm by Federal or State law, by the State or any other agency, or 
any other records relevant to the National Instant Criminal Background 
Check System, that the Director considers to be best practices.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2009 through 2013 to complete the studies, evaluations, and reports 
required under this section.

    TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN 
           AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

SEC. 301. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL IMPROVEMENT 
              GRANTS.

    (a) Grants Authorized.--From amounts made available to carry out 
this section, the Attorney General shall make grants to each State, 
consistent with State plans for the integration, automation, and 
accessibility of criminal history records, for use by the State court 
system to improve the automation and transmittal of criminal history 
dispositions, records relevant to determining whether a person has been 
convicted of a misdemeanor crime of domestic violence, court orders, 
and mental health adjudications or commitments, to Federal and State 
record repositories in accordance with sections 102 and 103 and the 
National Criminal History Improvement Program.
    (b) Grants to Indian Tribes.--Up to 5 percent of the grant funding 
available under this section may be reserved for Indian tribal 
governments for use by Indian tribal judicial systems.
    (c) Use of Funds.--Amounts granted under this section shall be used 
by the State court system only--
            (1) to carry out, as necessary, assessments of the 
        capabilities of the courts of the State for the automation and 
        transmission of arrest and conviction records, court orders, 
        and mental health adjudications or commitments to Federal and 
        State record repositories; and
            (2) to implement policies, systems, and procedures for the 
        automation and transmission of arrest and conviction records, 
        court orders, and mental health adjudications or commitments to 
        Federal and State record repositories.
    (d) Eligibility.--To be eligible to receive a grant under this 
section, a State shall certify, to the satisfaction of the Attorney 
General, that the State has implemented a relief from disabilities 
program in accordance with section 105.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$62,500,000 for fiscal year 2009, $125,000,000 for fiscal year 2010, 
$125,000,000 for fiscal year 2011, $62,500,000 for fiscal year 2012, 
and $62,500,000 for fiscal year 2013.

                          TITLE IV--GAO AUDIT

SEC. 401. GAO AUDIT.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit of the expenditure of all funds appropriated for 
criminal records improvement pursuant to section 106(b) of the Brady 
Handgun Violence Prevention Act (Public Law 103-159) to determine if 
the funds were expended for the purposes authorized by the Act and how 
those funds were expended for those purposes or were otherwise 
expended.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress 
describing the findings of the audit conducted pursuant to subsection 
(a).

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 2640

_______________________________________________________________________

                               AMENDMENT
```