I

103D CONGRESS

1ST SESSION H. R. 1025

To provide for a waiting period before the purchase of a handgun, and

for the establishment of a national instant criminal background check

system to be contacted by firearms dealers before the transfer of any

firearm.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 22, 1993

Mr. SCHUMER (for himself, Mr. SENSENBRENNER, Mr. SYNAR, Mr. MAZZOLI,

Mr. GIBBONS, Mr. GLICKMAN, Mr. BRYANT, Mr. SAWYER, Mr. STARK,

Mr. FAZIO, Mr. STUDDS, Mr. REYNOLDS, Mr. MCDERMOTT, Mr. JACOBS, Mr. MANTON, Ms. PELOSI, Mr. PORTER, Mr. TOWNS, Mr. BERMAN, Mr. BORSKI, Mr. BACCHUS of Florida, Mrs. SCHROEDER, Mr.

MORAN, Ms. SLAUGHTER, Mr. FILNER, Mr. BOEHLERT, Mr. HALL of

Ohio, Mr. BARRETT of Wisconsin, Mr. SHAYS, Mr. SKAGGS, Mrs. ROUKEMA, Mr. KLEIN, Mr. EVANS, Mr. MINETA, Mr. DERRICK, Mr. LIPINSKI, Mr. KLUG, Mr. ANDREWS of Maine, Mr. DEUTSCH, Mr. EDWARDS

of California, Mr. YATES, Mr. TORRICELLI, Mr. WHEAT, Mr. TUCKER,

Mr. ROEMER, Ms. FURSE, Ms. MOLINARI, Mrs. BYRNE, Mrs. BENTLEY,

Mrs. MALONEY, Mr. CARDIN, Mr. GEJDENSON, Mr. MEEHAN, Mr.

FINGERHUT, Mr. SANGMEISTER, Mr. NADLER, Mr. MARKEY, Mr.

HUGHES, Mr. DELLUMS, Mr. OWENS, Ms. WATERS, Mr. DE LUGO, Mr.

HYDE, Mr. STOKES, Mr. WAXMAN, Mr. DURBIN, Mr. ACKERMAN, Mr.

BONIOR, Mr. SERRANO, Mr. COYNE, Mr. LANTOS, Mr. MFUME, Mrs.

MORELLA, Ms. DELAURO, Mr. ANDREWS of New Jersey, Ms. NORTON,

Mr. FALEOMAVAEGA, Mr. HOAGLAND, Mr. MILLER of California, Mr.

REED, Mr. HOYER, Mr. HOCHBRUECKNER, Mr. JOHNSTON of Florida,

Mr. SABO, Mr. BROWN of California, Mr. LEWIS of Georgia, Mr. FOGLIETTA, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Mr. GOSS, Mrs.

KENNELLY, Mr. BEILENSON, Ms. KAPTUR, Mrs. MINK, Mr. MATSUI, Mr.

FLAKE, Ms. VELA ́ZQUEZ, Mrs. LOWEY, and Mr. WYNN) introduced the

following bill; which was referred to the Committee on the Judiciary

APRIL 20, 1993

Additional sponsors: Mr. LEACH, Mr. ENGEL, Mr. GONZALEZ, Ms.

MARGOLIES-MEZVINSKY, Mr. LAFALCE, Ms. BROWN of Florida, Mr.

MOAKLEY, Mr. WATT, Mr. MANN, Ms. ROYBAL-ALLARD, Mr. WYDEN,

Mr. RUSH, Ms. SCHENK, Ms. WOOLSEY, Mr. LEVIN, Mr. KLECZKA, Ms.

HARMAN, Mr. MENENDEZ, Mr. RANGEL, Ms. EDDIE BERNICE JOHNSON
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of Texas, Mr. CASTLE, Mr. CLAY, Mr. MCHALE, Mr. TORRES, Mr. ABERCROMBIE, Mr. FORD of Michigan, Mr. SCOTT, Mr. VENTO, Mr. BECERRA,

Mr. DICKS, Mr. HAMBURG, Mrs. MEEK, Ms. ESHOO, Ms. SHEPHERD,

Mr. LAZIO, Mr. TRAFICANT, Mr. DIAZ-BALART, Mr. BLACKWELL, Mr.

KENNEDY, Mr. ROMERO-BARCELO ́, Mr. FORD of Tennessee, Ms. MCKINNEY, Mr. HASTINGS, Mr. WASHINGTON, Mrs. CLAYTON, Mr. PAYNE of

New Jersey, and Mr. BATEMAN

SEPTEMBER 9, 1993

Additional sponsors: Mr. HENRY, Mr. DIXON, Mr. PALLONE, Mr. THOMPSON,

Mr. VISCLOSKY, and Mr. UNDERWOOD

A BILL

To provide for a waiting period before the purchase of a

handgun, and for the establishment of a national instant

criminal background check system to be contacted by

firearms dealers before the transfer of any firearm.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Brady Handgun Vio5 lence Prevention Act’’.

6 SEC. 2. FEDERAL FIREARMS LICENSEE REQUIRED TO CON7 DUCT CRIMINAL BACKGROUND CHECK BE8 FORE TRANSFER OF FIREARM TO

9 NONLICENSEE.

10 (a) INTERIM PROVISION.—

11 (1) IN GENERAL.—Section 922 of title 18,

12 United States Code, is amended by adding at the

13 end the following:
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1 ‘‘(s)(1) Beginning on the date that is 90 days after

2 the date of enactment of this subsection and ending on

3 the day before the date that the Attorney General certifies

4 under section 3(d)(1) of the Brady Handgun Violence Pre5 vention Act that the national instant criminal background

6 check system is established (except as provided in para7 graphs (2) and (3) of such section), it shall be unlawful

8 for any licensed importer, licensed manufacturer, or li9 censed dealer to sell, deliver, or transfer a handgun to an

10 individual who is not licensed under section 923, unless—

11 ‘‘(A) after the most recent proposal of such

12 transfer by the transferee—

13 ‘‘(i) the transferor has—

14 ‘‘(I) received from the transferee a

15 statement of the transferee containing the

16 information described in paragraph (3);

17 ‘‘(II) verified the identity of the trans18 feree by examining the identification docu19 ment presented;

20 ‘‘(III) within 1 day after the trans21 feree furnishes the statement, provided no22 tice of the contents of the statement to the

23 chief law enforcement officer of the place

24 of residence of the transferee; and
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1 ‘‘(IV) within 1 day after the trans2 feree furnishes the statement, transmitted

3 a copy of the statement to the chief law

4 enforcement officer of the place of resi5 dence of the transferee; and

6 ‘‘(ii)(I) 5 business days (as defined by days

7 in which State offices are open) have elapsed

8 from the date the transferor furnished notice of

9 the contents of the statement to the chief law

10 enforcement officer, during which period the

11 transferor has not received information from

12 the chief law enforcement officer that receipt or

13 possession of the handgun by the transferee

14 would be in violation of Federal, State, or local

15 law; or

16 ‘‘(II) the transferor has received notice

17 from the chief law enforcement officer that the

18 officer has no information indicating that re19 ceipt or possession of the handgun by the trans20 feree would violate Federal, State, or local law;

21 ‘‘(B) the transferee has presented to the trans22 feror a written statement, issued by the chief law en23 forcement officer of the place of residence of the

24 transferee during the 10-day period ending on the

25 date of the most recent proposal of such transfer by
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1 the transferee, stating that the transferee requires

2 access to a handgun because of a threat to the life

3 of the transferee or of any member of the household

4 of the transferee;

5 ‘‘(C)(i) the transferee has presented to the

6 transferor a permit that—

7 ‘‘(I) allows the transferee to possess a

8 handgun; and

9 ‘‘(II) was issued not more than 5 years

10 earlier by the State in which the transfer is to

11 take place; and

12 ‘‘(ii) the law of the State provides that such a

13 permit is to be issued only after an authorized gov14 ernment official has verified that the information

15 available to such official does not indicate that pos16 session of a handgun by the transferee would be in

17 violation of the law;

18 ‘‘(D) the law of the State requires that, before

19 any licensed importer, licensed manufacturer, or li20 censed dealer completes the transfer of a handgun to

21 an individual who is not licensed under section 923,

22 an authorized government official verify that the in23 formation available to such official does not indicate

24 that possession of a handgun by the transferee

25 would be in violation of law, except that this sub-
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1 paragraph shall not apply to a State that, on the

2 date of certification pursuant to section 3(d) of the

3 Brady Handgun Violence Prevention Act, is not in

4 compliance with the timetable established pursuant

5 to section 3(c) of such Act;

6 ‘‘(E) the Secretary has approved the transfer

7 under section 5812 of the Internal Revenue Code of

8 1986; or

9 ‘‘(F) on application of the transferor, the Sec10 retary has certified that compliance with subpara11 graph (A)(i)(III) is impracticable because—

12 ‘‘(i) the ratio of the number of law enforce13 ment officers of the State in which the transfer

14 is to occur to the number of square miles of

15 land area of the State does not exceed 0.0025;

16 ‘‘(ii) the business premises of the trans17 feror at which the transfer is to occur are ex18 tremely remote in relation to the chief law en19 forcement officer; and

20 ‘‘(iii) there is an absence of telecommuni21 cations facilities in the geographical area in

22 which the business premises are located.

23 ‘‘(2) A chief law enforcement officer to whom a trans24 feror has provided notice pursuant to paragraph

25 (1)(A)(i)(III) shall make a reasonable effort to ascertain
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1 within 5 business days whether the transferee has a crimi2 nal record or whether there is any other legal impediment

3 to the transferee’s receiving a handgun, including research

4 in whatever State and local recordkeeping systems are

5 available and in a national system designated by the Attor6 ney General.

7 ‘‘(3) The statement referred to in paragraph

8 (1)(A)(i)(I) shall contain only—

9 ‘‘(A) the name, address, and date of birth ap10 pearing on a valid identification document (as de11 fined in section 1028(d)(1)) of the transferee con12 taining a photograph of the transferee and a de13 scription of the identification used;

14 ‘‘(B) a statement that transferee—

15 ‘‘(i) is not under indictment for, and has

16 not been convicted in any court of, a crime pun17 ishable by imprisonment for a term exceeding 1

18 year;

19 ‘‘(ii) is not a fugitive from justice;

20 ‘‘(iii) is not an unlawful user of or addicted

21 to any controlled substance (as defined in sec22 tion 102 of the Controlled Substances Act);

23 ‘‘(iv) has not been adjudicated as a mental

24 defective or been committed to a mental institu25 tion;
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1 ‘‘(v) is not an alien who is illegally or un2 lawfully in the United States;

3 ‘‘(vi) has not been discharged from the

4 Armed Forces under dishonorable conditions;

5 and

6 ‘‘(vii) is not a person who, having been a

7 citizen of the United States, has renounced

8 such citizenship;

9 ‘‘(C) the date the statement is made; and

10 ‘‘(D) notice that the transferee intends to ob11 tain a handgun from the transferor.

12 ‘‘(4) Any transferor of a handgun who, after such

13 transfer, receives a report from a chief law enforcement

14 officer containing information that receipt or possession

15 of the handgun by the transferee violates Federal, State,

16 or local law shall immediately communicate all information

17 the transferor has about the transfer and the transferee

18 to—

19 ‘‘(A) the chief law enforcement officer of the

20 place of business of the transferor; and

21 ‘‘(B) the chief law enforcement officer of the

22 place of residence of the transferee.

23 ‘‘(5) Any transferor who receives information, not

24 otherwise available to the public, in a report under this

25 subsection shall not disclose such information except to
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1 the transferee, to law enforcement authorities, or pursuant

2 to the direction of a court of law.

3 ‘‘(6)(A) Any transferor who sells, delivers, or other4 wise transfers a handgun to a transferee shall retain the

5 copy of the statement of the transferee with respect to

6 the handgun transaction, and shall retain evidence that

7 the transferor has complied with subclauses (III) and (IV)

8 of paragraph (1)(A)(i) with respect to the statement.

9 ‘‘(B) Unless the chief law enforcement officer to

10 whom a statement is transmitted under paragraph

11 (1)(A)(i)(IV) determines that a transaction would violate

12 Federal, State, or local law—

13 ‘‘(i) the officer shall, within 20 business days

14 after the date the transferee made the statement on

15 the basis of which the notice was provided, destroy

16 the statement and any record containing information

17 derived from the statement;

18 ‘‘(ii) the information contained in the statement

19 shall not be conveyed to any person except a person

20 who has a need to know in order to carry out this

21 subsection; and

22 ‘‘(iii) the information contained in the state23 ment shall not be used for any purpose other than

24 to carry out this subsection.
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1 ‘‘(7) A chief law enforcement officer or other person

2 responsible for providing criminal history background in3 formation pursuant to this subsection shall not be liable

4 in an action at law for damages—

5 ‘‘(A) for failure to prevent the sale or transfer

6 of a handgun to a person whose receipt or posses7 sion of the handgun is unlawful under this section;

8 or

9 ‘‘(B) for preventing such a sale or transfer to

10 a person who may lawfully receive or possess a

11 handgun.

12 ‘‘(8) For purposes of this subsection, the term ‘chief

13 law enforcement officer’ means the chief of police, the

14 sheriff, or an equivalent officer or the designee of any such

15 individual.

16 ‘‘(9) The Secretary shall take necessary actions to en17 sure that the provisions of this subsection are published

18 and disseminated to licensed dealers, law enforcement offi19 cials, and the public.’’.

20 (2) HANDGUN DEFINED.—Section 921(a) of

21 such title is amended by adding at the end the fol22 lowing:

23 ‘‘(29) The term ‘handgun’ means—
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1 ‘‘(A) a firearm which has a short stock and is

2 designed to be held and fired by the use of a single

3 hand; and

4 ‘‘(B) any combination of parts from which a

5 firearm described in subparagraph (A) can be as6 sembled.’’.

7 (b) PERMANENT PROVISION.—Section 922 of title

8 18, United States Code, as amended by subsection (a)(1)

9 of this section, is amended by adding at the end the follow10 ing:

11 ‘‘(t)(1) Beginning on the date that the Attorney Gen12 eral certifies under section 3(d)(1) of the Brady Handgun

13 Violence Prevention Act that the national instant criminal

14 background check system is established (except as pro15 vided in paragraphs (2) and (3) of such section), a li16 censed importer, licensed manufacturer, or licensed dealer

17 shall not transfer a firearm to any other person who is

18 not such a licensee, unless—

19 ‘‘(A) before the completion of the transfer, the

20 licensee contacts the national instant criminal back21 ground check system established under section 3 of

22 such Act;

23 ‘‘(B) the system notifies the licensee that the

24 system has not located any record that demonstrates

25 that the receipt of a firearm by such other person
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1 would violate subsection (g) or (n) of this section or

2 any State or local law; and

3 ‘‘(C) the transferor has verified the identity of

4 the transferee by examining a valid identification

5 document (as defined in section 1028(d)(1) of this

6 title) of the transferee containing a photograph of

7 the transferee.

8 ‘‘(2) Paragraph (1) shall not apply to a firearm

9 transfer between a licensee and another person if—

10 ‘‘(A)(i) such other person has presented to the

11 licensee a permit that—

12 ‘‘(I) allows such other person to possess a

13 firearm; and

14 ‘‘(II) was issued not more than 5 years

15 earlier by the State in which the transfer is to

16 take place; and

17 ‘‘(ii) the law of the State provides that such a

18 permit is to be issued only after an authorized gov19 ernment official has verified that the information

20 available to such official does not indicate that pos21 session of a firearm by such other person would be

22 in violation of law;

23 ‘‘(B) the Secretary has approved the transfer

24 under section 5812 of the Internal Revenue Code of

25 1986; or
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1 ‘‘(C) on application of the transferor, the Sec2 retary has certified that compliance with paragraph

3 (1)(A) is impracticable because—

4 ‘‘(i) the ratio of the number of law enforce5 ment officers of the State in which the transfer

6 is to occur to the number of square miles of

7 land area of the State does not exceed 0.0025;

8 ‘‘(ii) the business premises of the licensee

9 at which the transfer is to occur are extremely

10 remote in relation to the chief law enforcement

11 officer (as defined in subsection (u)(8)); and

12 ‘‘(iii) there is an absence of telecommuni13 cations facilities in the geographical area in

14 which the business premises are located.

15 ‘‘(3) If the national instant criminal background

16 check system notifies the licensee that the information

17 available to the system does not demonstrate that the re18 ceipt of a firearm by such other person would violate sub19 section (g) or (n), and the licensee transfers a firearm to

20 such other person, the licensee shall include in the record

21 of the transfer the unique identification number provided

22 by the system with respect to the transfer.

23 ‘‘(4) In addition to the authority provided under sec24 tion 923(e), if the licensee knowingly transfers a firearm

25 to such other person and knowingly fails to comply with
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1 paragraph (1) of this subsection with respect to the trans2 fer and, at the time such other person most recently pro3 posed the transfer, the national instant criminal back4 ground check system was operating and information was

5 available to the system demonstrating that receipt of a

6 firearm by such other person would violate subsection (g)

7 or (n) of this section, the Secretary may, after notice and

8 opportunity for a hearing, suspend for not more than 6

9 months or revoke any license issued to the licensee under

10 section 923, and may impose on the licensee a civil fine

11 of not more than $5,000.

12 ‘‘(5) Neither a local government nor an employee of

13 the Federal Government or of any State or local govern14 ment, responsible for providing information to the national

15 instant criminal background check system shall be liable

16 in an action at law for damages—

17 ‘‘(A) for failure to prevent the sale or transfer

18 of a handgun to a person whose receipt or posses19 sion of the handgun is unlawful under this section;

20 or

21 ‘‘(B) for preventing such a sale or transfer to

22 a person who may lawfully receive or possess a

23 handgun.’’.

24 (c) PENALTY.—Section 924(a) of title 18, United

25 States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2) or (3) of’’; and

3 (2) by adding at the end the following:

4 ‘‘(5) Whoever knowingly violates subsection (s) or (t)

5 of section 922 shall be fined not more than $1,000, impris6 oned for not more than 1 year, or both.’’.

7 SEC. 3. NATIONAL INSTANT CRIMINAL BACKGROUND

8 CHECK SYSTEM.

9 (a) ESTABLISHMENT OF SYSTEM.—The Attorney

10 General of the United States shall establish a national in11 stant criminal background check system that any licensee

12 may contact for information on whether receipt of a fire13 arm by a prospective transferee thereof would violate sub14 section (g) or (n) of section 922 of title 18, United States

15 Code, or any State or local law.

16 (b) EXPEDITED ACTION BY THE ATTORNEY GEN17 ERAL.—The Attorney General shall expedite—

18 (1) the upgrading and indexing of State crimi19 nal history records in the Federal criminal records

20 system maintained by the Federal Bureau of Inves21 tigation;

22 (2) the development of hardware and software

23 systems to link State criminal history check systems

24 into the national instant criminal background check
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1 system established by the Attorney General pursuant

2 to this section; and

3 (3) the current revitalization initiatives by the

4 Federal Bureau of Investigation for technologically

5 advanced fingerprint and criminal records identifica6 tion.

7 (c) PROVISION OF STATE CRIMINAL RECORDS TO

8 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

9 SYSTEM.—(1) Not later than 6 months after the date of

10 enactment of this Act, the Attorney General shall—

11 (A) determine the type of computer hardware

12 and software that will be used to operate the na13 tional instant criminal background check system and

14 the means by which State criminal records systems

15 will communicate with the national system;

16 (B) investigate the criminal records system of

17 each State and determine for each State a timetable

18 by which the State should be able to provide crimi19 nal records on an on line capacity basis to the na20 tional system; and

21 (C) notify each State of the determinations

22 made pursuant to subparagraphs (A) and (B).

23 (2) The Attorney General shall require as a part of

24 the State timetable that the State achieve, by the end of

25 5 years after the date of enactment of this Act, at least
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1 80 percent currency of case dispositions in computerized

2 criminal history files for all cases in which there has been

3 an event of activity within the last 5 years and continue

4 to maintain such a system.

5 (d) NATIONAL SYSTEM CERTIFICATION.—(1) On the

6 date that is 30 months after the date of enactment of this

7 Act, and at any time thereafter, the Attorney General shall

8 determine whether—

9 (A) the national system has achieved at least

10 80 percent currency of case dispositions in comput11 erized criminal history files for all cases in which

12 there has been an event of activity within the last

13 5 years on a national average basis; and

14 (B) the States are in compliance with the time15 table established pursuant to subsection (c),

16 and, if so, shall certify that the national system is estab17 lished.

18 (2) If, on the date of certification in paragraph (1)

19 of this subsection, a State is not in compliance with the

20 timetable established pursuant to subsection (c) of this

21 section, section 922(s) of title 18, United States Code,

22 shall remain in effect in such State and section 922(t) of

23 such title shall not apply to the State. The Attorney Gen24 eral shall certify if a State subject to the provisions of

25 section 922(s) under the preceding sentence achieves com-
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1 pliance with its timetable after the date of certification

2 in paragraph (1) of this subsection, and section 922(s) of

3 title 18, United States Code, shall not apply to such State

4 and section 922(t) of such title shall apply to the State.

5 (3) Six years after the date of enactment of this Act,

6 the Attorney General shall certify whether or not a State

7 is in compliance with subsection (c)(2) of this section and

8 if the State is not in compliance, section 922(s) of title

9 18, United States Code, shall apply to the State and sec10 tion 922(t) of such title shall not apply to the State. The

11 Attorney General shall certify if a State subject to the pro12 visions of section 922(s) under the preceding sentence

13 achieves compliance with the standards in subsection

14 (c)(2) of this section, and section 922(s) of title 18, United

15 States Code, shall not apply to the State and section

16 922(t) of such title shall apply to the State.

17 (e) NOTIFICATION OF LICENSEES.—On establish18 ment of the system under this section, the Attorney Gen19 eral shall notify each licensee and the chief law enforce20 ment officer of each State of the existence and purpose

21 of the system and the means to be used to contact the

22 system.

23 (f) ADMINISTRATIVE PROVISIONS.—

24 (1) AUTHORITY TO OBTAIN OFFICIAL INFORMA25 TION.—Notwithstanding any other law, the Attorney
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1 General may secure directly from any department or

2 agency of the United States such information on

3 persons for whom receipt of a firearm would violate

4 subsection (g) or (n) of section 922 of title 18, Unit5 ed States Code, or any State or local law, as is nec6 essary to enable the system to operate in accordance

7 with this section. On request of the Attorney Gen8 eral, the head of such department or agency shall

9 furnish such information to the system.

10 (2) OTHER AUTHORITY.—The Attorney General

11 shall develop such computer software, design and ob12 tain such telecommunications and computer hard13 ware, and employ such personnel, as are necessary

14 to establish and operate the system in accordance

15 with this section.

16 (g) CORRECTION OF ERRONEOUS SYSTEM INFORMA17 TION.—If the system established under this section in18 forms an individual contacting the system that receipt of

19 a firearm by a prospective transferee would violate sub20 section (g) or (n) of section 922 of title 18, United States

21 Code, or any State or local law, the prospective transferee

22 may request the Attorney General to provide the prospec23 tive transferee with the reasons therefor. Upon receipt of

24 such a request, the Attorney General shall immediately

25 comply with the request. The prospective transferee may
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1 submit to the Attorney General information that to cor2 rect, clarify, or supplement records of the system with re3 spect to the prospective transferee. After receipt of such

4 information, the Attorney General shall immediately con5 sider the information, investigate the matter further, and

6 correct all erroneous Federal records relating to the pro7 spective transferee and give notice of the error to any Fed8 eral department or agency or any State that was the

9 source of such erroneous records.

10 (h) REGULATIONS.—After 90 days notice to the pub11 lic and an opportunity for hearing by interested parties,

12 the Attorney General shall prescribe regulations to ensure

13 the privacy and security of the information of the system

14 established under this section.

15 (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF

16 REGISTRATION SYSTEMS WITH RESPECT TO FIRE17 ARMS.—No department, agency, officer, or employee of

18 the United States may—

19 (1) require that any record or portion thereof

20 maintained by the system established under this sec21 tion be recorded at or transferred to a facility

22 owned, managed, or controlled by the United States

23 or any State or political subdivision thereof; or

24 (2) use the system established under this sec25 tion to establish any system for the registration of
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1 firearms, firearm owners, or firearm transactions or

2 dispositions, except with respect to persons prohib3 ited by section 922 (g) or (n) of title 18, United

4 States Code, from receiving a firearm.

5 (j) DEFINITIONS.—As used in this section:

6 (1) LICENSEE.—The term ‘‘licensee’’ means a

7 licensed importer, licensed manufacturer, or licensed

8 dealer under section 923 of title 18, United States

9 Code.

10 (2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li11 censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li12 censed dealer’’ have the meanings stated in section

13 921(a) (3), (9), (10), and (11), respectively, of title

14 18, United States Code.

15 SEC. 4. FUNDING FOR IMPROVEMENT OF CRIMINAL

16 RECORDS.

17 (a) IMPROVEMENTS IN STATE RECORDS.—

18 (1) USE OF FORMULA GRANTS.—Section 509(b)

19 of title I of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3759(b)) is amend21 ed—

22 (A) in paragraph (2) by striking ‘‘and’’

23 after the semicolon;

24 (B) in paragraph (3) by striking the period

25 and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(4) the improvement of State record systems

4 and the sharing with the Attorney General of all of

5 the records described in paragraphs (1), (2), and (3)

6 of this subsection and the records required by the

7 Attorney General under section 3 of the Brady

8 Handgun Violence Prevention Act, for the purpose

9 of implementing such Act.’’.

10 (2) ADDITIONAL FUNDING.—

11 (A) GRANTS FOR THE IMPROVEMENT OF

12 CRIMINAL RECORDS.—The Attorney General,

13 through the Bureau of Justice Statistics, shall,

14 subject to appropriations and with preference to

15 States that as of the date of enactment of this

16 Act have the lowest percent currency of case

17 dispositions in computerized criminal history

18 files, make a grant to each State to be used—

19 (i) for the creation of a computerized

20 criminal history record system or improve21 ment of an existing system;

22 (ii) to improve accessibility to the na23 tional instant criminal background system;

24 and
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1 (iii) upon establishment of the na2 tional system, to assist the State in the

3 transmittal of criminal records to the na4 tional system.

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.—There are authorized to be appro7 priated for grants under subparagraph (A) a

8 total of $100,000,000 for fiscal year 1992 and

9 all fiscal years thereafter.

10 (b) WITHHOLDING STATE FUNDS.—Effective on the

11 date of enactment of this Act the Attorney General may

12 reduce by up to 50 percent the allocation to a State for

13 a fiscal year under title I of the Omnibus Crime Control

14 and Safe Streets Act of 1968 of a State that is not in

15 compliance with the timetable established for such State

16 under section 3(c) of this Act.

17 (c) WITHHOLDING OF DEPARTMENT OF JUSTICE

18 FUNDS.—If the Attorney General does not certify the na19 tional instant criminal background check system pursuant

20 to section 3(d)(1) by—

21 (1) 30 months after the date of enactment of

22 this Act the general administrative funds appro23 priated to the Department of Justice for the fiscal

24 year beginning in the calendar year in which the

25 date that is 30 months after the date of enactment
24

•HR 1025 SC2

1 of this Act falls shall be reduced by 5 percent on a

2 monthly basis; and

3 (2) 42 months after the date of enactment of

4 this Act the general administrative funds appro5 priated to the Department of Justice for the fiscal

6 year beginning in the calendar year in which the

7 date that is 42 months after the date of enactment

8 of this Act falls shall be reduced by 10 percent on

9 a monthly basis.

Æ

HR 1025 SC——2