103D CONGRESS

1ST SESSION H. R. 1025

AMENDMENT
In the Senate of the United States,

November 20 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 1025) entitled ‘‘An Act 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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—BRADY HANDGUN

2 CONTROL

3 SEC. 101. SHORT TITLE.

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

6 SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO

7 CONDUCT CRIMINAL BACKGROUND CHECK

8 BEFORE TRANSFER OF FIREARM TO NON-LI9 CENSEE.

10 (a) INTERIM PROVISION.—

11 (1) IN GENERAL.—Section 922 of title 18, Unit12 ed States Code, is amended by adding at the end the

13 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 either

3 on the day before the date that is 48 months after such date

4 of enactment unless the Attorney General extends the date

5 by twelve additional months, or on the day that the Attor6 ney General notifies the licensees in all of the States under

7 section 103(d) of the Brady Handgun Violence Prevention

8 Act, whichever occurs earlier, it shall be unlawful for any

9 licensed importer, licensed manufacturer, or licensed dealer

10 to sell, deliver, or transfer a handgun to an individual who

11 is not licensed under section 923, unless—

12 ‘‘(A) after the most recent proposal of such trans13 fer by the transferee—

14 ‘‘(i) the transferor has—

15 ‘‘(I) received from the transferee a

16 statement of the transferee containing the

17 information described in paragraph (3);

18 ‘‘(II) verified the identity of the trans19 feree by examining the identification docu20 ment presented;

21 ‘‘(III) within 1 day after the transferee

22 furnishes the statement, provided notice of

23 the contents of the statement to the chief law

24 enforcement officer of the place of residence

25 of the transferee; and
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1 ‘‘(IV) within 1 day after the transferee

2 furnishes the statement, transmitted a copy

3 of the statement to the chief law enforcement

4 officer of the place of residence of the trans5 feree; and

6 ‘‘(ii)(I) 5 business days (meaning days on

7 which State offices are open) have elapsed from

8 the date the transferor furnished notice of the

9 contents of the statement to the chief law enforce10 ment officer, during which period the transferor

11 has not received information from the chief law

12 enforcement officer that receipt or possession of

13 the handgun by the transferee would be in viola14 tion of Federal, State, or local law; or

15 ‘‘(II) the transferor has received notice from

16 the chief law enforcement officer that the officer

17 has no information indicating that receipt or

18 possession of the handgun by the transferee

19 would violate Federal, State, or local law;

20 ‘‘(B) the transferee has presented to the trans21 feror a written statement, issued by the chief law en22 forcement officer of the place of residence of the trans23 feree during the 10-day period ending on the date of

24 the most recent proposal of such transfer by the trans25 feree, stating that the transferee requires access to a
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1 handgun because of a threat to the life of the trans2 feree or of any member of the household of the trans3 feree;

4 ‘‘(C)(i) the transferee has presented to the trans5 feror a permit that—

6 ‘‘(I) allows the transferee to possess or ac7 quire a handgun; and

8 ‘‘(II) was issued not more than 5 years ear9 lier by the State in which the transfer is to take

10 place; and

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

12 permit is to be issued only after an authorized gov13 ernment official has verified that the information

14 available to such official does not indicate that posses15 sion of a handgun by the transferee would be in viola16 tion of the law;

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

18 any licensed importer, licensed manufacturer, or li19 censed dealer completes the transfer of a handgun to

20 an individual who is not licensed under section 923,

21 an authorized government official verify that the in22 formation available to such official does not indicate

23 that possession of a handgun by the transferee would

24 be in violation of law;
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1 ‘‘(E) the Secretary has approved the transfer

2 under section 5812 of the Internal Revenue Code of

3 1986; or

4 ‘‘(F) on application of the transferor, the Sec5 retary has certified that compliance with subpara6 graph (A)(i)(III) is impracticable because—

7 ‘‘(i) the ratio of the number of law enforce8 ment officers of the State in which the transfer

9 is to occur to the number of square miles of land

10 area of the State does not exceed 0.0025;

11 ‘‘(ii) the business premises of the transferor

12 at which the transfer is to occur are extremely

13 remote in relation to the chief law enforcement

14 officer; and

15 ‘‘(iii) there is an absence of telecommuni16 cations facilities in the geographical area in

17 which the business premises are located.

18 ‘‘(2) A chief law enforcement officer to whom a trans19 feror has provided notice pursuant to paragraph

20 (1)(A)(i)(III) shall make a reasonable effort to ascertain

21 within 5 business days whether receipt or possession would

22 be in violation of the law, including research in whatever

23 State and local recordkeeping systems are available and in

24 a national system designated by the Attorney General.
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1 ‘‘(3) The statement referred to in paragraph

2 (1)(A)(i)(I) shall contain only—

3 ‘‘(A) the name, address, and date of birth ap4 pearing on a valid identification document (as de5 fined in section 1028(d)(1)) of the transferee contain6 ing a photograph of the transferee and a description

7 of the identification used;

8 ‘‘(B) a statement that transferee—

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

10 not been convicted in any court of, a crime pun11 ishable by imprisonment for a term exceeding 1

12 year;

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

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

15 to any controlled substance (as defined in section

16 102 of the Controlled Substances Act);

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

18 defective or been committed to a mental institu19 tion;

20 ‘‘(v) is not an alien who is illegally or un21 lawfully in the United States;

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

23 Armed Forces under dishonorable conditions;

24 and
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1 ‘‘(vii) is not a person who, having been a

2 citizen of the United States, has renounced such

3 citizenship;

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

5 ‘‘(D) notice that the transferee intends to obtain

6 a handgun from the transferor.

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

8 transfer, receives a report from a chief law enforcement offi9 cer containing information that receipt or possession of the

10 handgun by the transferee violates Federal, State, or local

11 law shall, within 1 business day after receipt of such re12 quest, communicate any information related to the transfer

13 the transferor has about the transfer and the transferee to—

14 ‘‘(A) the chief law enforcement officer of the place

15 of business of the transferor; and

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

17 place of residence of the transferee.

18 ‘‘(5) Any transferor who receives information, not oth19 erwise available to the public, in a report under this sub20 section shall not disclose such information except to the

21 transferee, to law enforcement authorities, or pursuant to

22 the direction of a court of law.

23 ‘‘(6)(A) Any transferor who sells, delivers, or otherwise

24 transfers a handgun to a transferee shall retain the copy

25 of the statement of the transferee with respect to the hand-
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1 gun transaction, and shall retain evidence that the trans2 feror has complied with subclauses (III) and (IV) of para3 graph (1)(A)(i) with respect to the statement.

4 ‘‘(B) Unless the chief law enforcement officer to whom

5 a statement is transmitted under paragraph (1)(A)(i)(IV)

6 determines that a transaction would violate Federal, State,

7 or local law—

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

9 after the date the transferee made the statement on the

10 basis of which the notice was provided, destroy the

11 statement, any record containing information derived

12 from the statement, and any record created as a result

13 of the notice required by paragraph (1)(A)(i)(III);

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

15 shall not be conveyed to any person except a person

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

17 subsection; and

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

19 shall not be used for any purpose other than to carry

20 out this subsection.

21 ‘‘(C) If a chief law enforcement officer determines that

22 an individual is ineligible to receive a handgun and the

23 individual requests the officer to provide the reason for such

24 determination, the officer shall provide such reasons to the
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1 individual in writing within 20 business days after receipt

2 of the request.

3 ‘‘(7) A chief law enforcement officer or other person

4 responsible for providing criminal history background in5 formation pursuant to this subsection shall not be liable in

6 an action at law for damages—

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

8 a handgun to a person whose receipt or possession of

9 the handgun is unlawful under this section; or

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

11 person who may lawfully receive or possess a hand12 gun.

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

14 law enforcement officer’ means the chief of police, the sheriff,

15 or an equivalent officer or the designee of any such individ16 ual.

17 ‘‘(9) The Secretary shall take necessary actions to en18 sure that the provisions of this subsection are published and

19 disseminated to licensed dealers, law enforcement officials,

20 and the public.’’.

21 (2) HANDGUN DEFINED.—Section 921(a) of title

22 18, United States Code, is amended by adding at the

23 end the following:

24 ‘‘(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 assem6 bled.’’.

7 (b) PERMANENT PROVISION.—Section 922 of title 18,

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

9 amended by adding at the end the following:

10 ‘‘(t)(1) Beginning on the date that is 30 days after

11 the Attorney General notifies licensees under section

12 103(d)(1) of the Brady Handgun Violence Prevention Act

13 that the national instant criminal background check system

14 is established, and upon notification by the Attorney Gen15 eral to licensees that the system is operational and capable

16 of supplying information immediately (during which 30-

17 day period subsection (s) shall remain in effect), a licensed

18 importer, licensed manufacturer, or licensed dealer shall not

19 transfer a firearm to any other person who is not licensed

20 under this chapter, unless—

21 ‘‘(A) before the completion of the transfer, the li22 censee contacts the national instant criminal back23 ground check system established under section 103 of

24 that Act;
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1 ‘‘(B)(i) the system provides the licensee with a

2 unique identification number; or

3 ‘‘(ii) 3 business days (meaning a day on which

4 State offices are open) have elapsed since the licensee

5 contacted the system, and the system has not notified

6 the licensee that the receipt of a firearm by such other

7 person would violate subsection (g) or (n) of this sec8 tion; and

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

10 the transferee by examining a valid identification

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

12 title) of the transferee containing a photograph of the

13 transferee.

14 ‘‘(2) If receipt of a firearm would not violate section

15 922 (g) or (n) or State law, the system shall—

16 ‘‘(A) assign a unique identification number to

17 the transfer;

18 ‘‘(B) provide the licensee with the number; and

19 ‘‘(C) destroy all records of the system with re20 spect to the call (other than the identifying number

21 and the date the number was assigned) and all

22 records of the system relating to the person or the

23 transfer.

24 ‘‘(3) Paragraph (1) shall not apply to a firearm trans25 fer between a licensee and another person if—
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1 ‘‘(A)(i) such other person has presented to the li2 censee a permit that—

3 ‘‘(I) allows such other person to possess or

4 acquire a firearm; and

5 ‘‘(II) was issued not more than 5 years ear6 lier by the State in which the transfer is to take

7 place; and

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

9 permit is to be issued only after an authorized gov10 ernment official has verified that the information

11 available to such official does not indicate that posses12 sion of a firearm by such other person would be in

13 violation of law;

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

15 under section 5812 of the Internal Revenue Code of

16 1986; or

17 ‘‘(C) on application of the transferor, the Sec18 retary has certified that compliance with paragraph

19 (1)(A) is impracticable because—

20 ‘‘(i) the ratio of the number of law enforce21 ment officers of the State in which the transfer

22 is to occur to the number of square miles of land

23 area of the State does not exceed 0.0025;

24 ‘‘(ii) the business premises of the licensee at

25 which the transfer is to occur are extremely re-
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1 mote in relation to the chief law enforcement of2 ficer (as defined in subsection (s)(8)); and

3 ‘‘(iii) there is an absence of telecommuni4 cations facilities in the geographical area in

5 which the business premises are located.

6 ‘‘(4) If the national instant criminal background check

7 system notifies the licensee that the information available

8 to the system does not demonstrate that the receipt of a fire9 arm by such other person would violate subsection (g) or

10 (n) or State law, and the licensee transfers a firearm to

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

12 of the transfer the unique identification number provided

13 by the system with respect to the transfer.

14 ‘‘(5) If the licensee knowingly transfers a firearm to

15 such other person and knowingly fails to comply with para16 graph (1) of this subsection with respect to the transfer and,

17 at the time such other person most recently proposed the

18 transfer, the national instant criminal background check

19 system was operating and information was available to the

20 system demonstrating that receipt of a firearm by such

21 other person would violate subsection (g) or (n) or State

22 law of this section, the Secretary may, after notice and op23 portunity for a hearing, suspend for not more than 6

24 months or revoke any license issued to the licensee under
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1 section 923, and may impose on the licensee a civil fine

2 of not more than $5,000.

3 ‘‘(6) Neither a local government nor an employee of

4 the Federal Government or of any State or local govern5 ment, responsible for providing information to the national

6 instant criminal background check system shall be liable in

7 an action at law for damages—

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

9 a firearm to a person whose receipt or possession of

10 the firearm is unlawful under this section; or

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

12 person who may lawfully receive or possess a fire13 arm.’’.

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

15 States Code, is amended—

16 (1) in paragraph (1), by striking ‘‘paragraph (2)

17 or (3) of’’; and

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

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

20 of section 922 shall be fined not more than $1,000, impris21 oned for not more than 1 year, or both.’’.
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1 SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND

2 CHECK SYSTEM.

3 (a) DETERMINATION OF TIMETABLES.—Not later than

4 6 months after the date of enactment of this Act, the Attor5 ney General shall—

6 (1) determine the type of computer hardware

7 and software that will be used to operate the national

8 instant criminal background check system and the

9 means by which State criminal records systems and

10 the telephone or electronic device of licensees will com11 municate with the national system;

12 (2) investigate the criminal records system of

13 each State and determine for each State a timetable

14 by which the State should be able to provide criminal

15 records on an on-line capacity basis to the national

16 system; and

17 (3) notify each State of the determinations made

18 pursuant to paragraphs (1) and (2).

19 (b) ESTABLISHMENT OF SYSTEM.—

20 (1) DETERMINATIONS.—Not later than the date

21 that is 24 months after the date of enactment of this

22 Act, the Attorney General shall determine whether—

23 (A) the equipment used to link State crimi24 nal history records systems to the national

25 criminal history records system and the equip26 ment necessary to operate the national instant
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1 criminal background check system are oper2 ational; and

3 (B) any group of States that—

4 (i) have at least 80 percent of the pop5 ulation of the United States; and

6 (ii) have reported during a 12-month

7 period at least 80 percent of the number of

8 crimes of violence reported by all of the

9 States during that period,

10 have achieved and maintained in each State at

11 least 70 percent currency of case dispositions in

12 computerized criminal history files for all cases

13 in which there has been an event of activity

14 within the last 5 years; and

15 (C) if such determinations are made in the

16 affirmative, the Attorney General shall certify

17 that the national system is established.

18 (2) ESTABLISHMENT.—If the Attorney General

19 makes an affirmative finding with respect to the mat20 ters described in paragraph (1) (A) and (B), the At21 torney General shall establish a national instant

22 criminal background check system that any licensee

23 may contact, by telephone and by other electronic

24 means in addition to the telephone, for information,

25 to be supplied immediately, on whether receipt of a
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1 firearm by a prospective transferee would violate sec2 tion 922 of title 18, United States Code or State law.

3 (c) EXPEDITED ACTION BY THE ATTORNEY GEN4 ERAL.—The Attorney General shall expedite—

5 (1) the upgrading and indexing of State crimi6 nal history records in the Federal criminal records

7 system maintained by the Federal Bureau of Inves8 tigation;

9 (2) the development of hardware and software

10 systems to link State criminal history check systems

11 into the national instant criminal background check

12 system established by the Attorney General pursuant

13 to this section; and

14 (3) the current revitalization initiatives by the

15 Federal Bureau of Investigation for technologically

16 advanced fingerprint and criminal records identifica17 tion.

18 (d) NOTIFICATION OF LICENSEES.—On establishment

19 of the system under this section, the Attorney General shall

20 notify each licensee and the chief law enforcement officer

21 of each State of the existence and purpose of the system and

22 the means to be used to contact the system.

23 (e) STATES IN COMPLIANCE WITH TIMETABLE.—At

24 any time at which the Attorney General determines that—
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1 (1) a State is in compliance with the timetable

2 set for that State under subsection (a); and

3 (2) the State has achieved and maintains at

4 least 70 percent currency of case dispositions in com5 puterized criminal history files for all cases in which

6 there has been an event of activity within the last 5

7 years,

8 the Attorney General shall notify each licensee in the State

9 and the chief law enforcement officer of the State of the de10 termination.

11 (f) ADMINISTRATIVE PROVISIONS.—

12 (1) AUTHORITY TO OBTAIN OFFICIAL INFORMA13 TION.—Notwithstanding any other law, the Attorney

14 General may secure directly from any department or

15 agency of the United States such information on per16 sons for whom receipt of a firearm would violate sub17 section (g) or (n) of section 922 of title 18, United

18 States Code or State law, as is necessary to enable the

19 system to operate in accordance with this section. On

20 request of the Attorney General, the head of such de21 partment or agency shall furnish such information to

22 the system.

23 (2) OTHER AUTHORITY.—The Attorney General

24 shall develop such computer software, design and ob25 tain such telecommunications and computer hard-
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1 ware, and employ such personnel, as are necessary to

2 establish and operate the system in accordance with

3 this section.

4 (g) WRITTEN REASONS PROVIDED ON REQUEST.—If

5 the national instant criminal background check system de6 termines that an individual is ineligible to receive a fire7 arm and the individual requests the system to provide the

8 reasons for the determination, the system shall provide such

9 reasons to the individual, in writing, within 5 business

10 days after the date of the request.

11 (h) CORRECTION OF ERRONEOUS SYSTEM INFORMA12 TION.—If the system established under this section informs

13 an individual contacting the system that receipt of a fire14 arm by a prospective transferee would violate subsection (g)

15 or (n) of section 922 of title 18, United States Code or State

16 law, the prospective transferee may request the Attorney

17 General to provide the prospective transferee with the rea18 sons therefor. Upon receipt of such a request, the Attorney

19 General shall immediately comply with the request. The

20 prospective transferee may submit to the Attorney General

21 information that to correct, clarify, or supplement records

22 of the system with respect to the prospective transferee. After

23 receipt of such information, the Attorney General shall im24 mediately consider the information, investigate the matter

25 further, and correct all erroneous Federal records relating
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1 to the prospective transferee and give notice of the error to

2 any Federal department or agency or any State that was

3 the source of such erroneous records.

4 (i) REGULATIONS.—After 90 days’ notice to the public

5 and an opportunity for hearing by interested parties, the

6 Attorney General shall prescribe regulations to ensure the

7 privacy and security of the information of the system estab8 lished under this section.

9 (j) PROHIBITION RELATING TO ESTABLISHMENT OF

10 REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—

11 No department, agency, officer, or employee of the United

12 States may—

13 (1) require that any record or portion thereof

14 generated by the system established under this section

15 be recorded at or transferred to a facility owned,

16 managed, or controlled by the United States or any

17 State or political subdivision thereof; or

18 (2) use the system established under this section

19 to establish any system for the registration of fire20 arms, firearm owners, or firearm transactions or dis21 positions, except with respect to persons, prohibited

22 by section 922 (g) or (n) of title 18, United States

23 Code or State law, from receiving a firearm.

24 (k) DEFINITIONS.—As used in this section:
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1 (1) LICENSEE.—The term ‘‘licensee’’ means a li2 censed importer (as defined in section 921(a)(9) of

3 title 18, United States Code), a licensed manufacturer

4 (as defined in section 921(a)(10) of that title), or a

5 licensed dealer (as defined in section 921(a)(11) of

6 that title).

7 (2) OTHER TERMS.—The terms ‘‘firearm’’,

8 ‘‘handgun’’, ‘‘licensed importer’’, ‘‘licensed manufac9 turer’’, and ‘‘licensed dealer’’ have the meanings stat10 ed in section 921(a) of title 18, United States Code,

11 as amended by subsection (a)(2).

12 (l) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated, from the Violent Crime Re14 duction Trust Fund established by section 1115 of title 31,

15 United States Code, such sums as are necessary to enable

16 the Attorney General to carry out this section.

17 SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.

18 (a) IN GENERAL.—Chapter 44 of title 18, United

19 States Code, is amended by inserting after section 925 the

20 following new section:

21 ‘‘§ 925A. Remedy for erroneous denial of firearm

22 ‘‘Any person denied a firearm pursuant to subsection

23 (s) or (t) of section 922—

24 ‘‘(1) due to the provision of erroneous informa25 tion relating to the person by any State or political
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1 subdivision thereof, or by the national instant crimi2 nal background check system established under section

3 103 of the Brady Firearm Violation Prevention Act;

4 or

5 ‘‘(2) who was not prohibited from receipt of a

6 firearm pursuant to subsection (g) or (n) of section

7 922,

8 may bring an action against the State or political subdivi9 sion responsible for providing the erroneous information, or

10 responsible for denying the transfer, or against the United

11 States, as the case may be, for an order directing that the

12 erroneous information be corrected or that the transfer be

13 approved, as the case may be. In any action under this

14 section, the court, in its discretion, may allow the prevail15 ing party a reasonable attorney’s fee as part of the costs.’’.

16 (b) TECHNICAL AMENDMENT.—The chapter analysis

17 for chapter 44 of title 18, United States Code, is amended

18 by inserting after the item relating to section 925 the follow19 ing new item:

‘‘925A. Remedy for erroneous denial of firearm.’’.

20 SEC. 105. RULE OF CONSTRUCTION.

21 This Act and the amendments made by this Act shall

22 not be construed to alter or impair any right or remedy

23 under section 552a of title 5, United States Code.
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1 SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL

2 RECORDS.

3 (a) USE OF FORMULA GRANTS.—Section 509(b) of

4 title I of the Omnibus Crime Control and Safe Streets Act

5 of 1968 (42 U.S.C. 3759(b)) is amended—

6 (1) in paragraph (2) by striking ‘‘and’’ after the

7 semicolon;

8 (2) in paragraph (3) by striking the period and

9 inserting ‘‘; and’’; and

10 (3) by adding at the end the following new para11 graph:

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

13 and the sharing with the Attorney General of all of

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

15 of this subsection and the records required by the At16 torney General under section 103 of the Brady Hand17 gun Violence Prevention Act, for the purpose of imple18 menting that Act.’’.

19 (b) ADDITIONAL FUNDING.—

20 (1) GRANTS FOR THE IMPROVEMENT OF CRIMI21 NAL RECORDS.—The Attorney General, through the

22 Bureau of Justice Statistics, shall, subject to appro23 priations and with preference to States that as of the

24 date of enactment of this Act have the lowest percent

25 currency of case dispositions in computerized crimi-
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1 nal history files, make a grant to each State to be

2 used—

3 (A) for the creation of a computerized

4 criminal history record system or improvement

5 of an existing system;

6 (B) to improve accessibility to the national

7 instant criminal background system; and

8 (C) upon establishment of the national sys9 tem, to assist the State in the transmittal of

10 criminal records to the national system.

11 (2) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated for grants

13 under paragraph (1), from the Violent Crime Reduc14 tion Trust Fund established by section 1115 of title

15 31, United States Code, a total of $200,000,000 for

16 fiscal year 1994 and all fiscal years thereafter.

17 SEC. 107. WITHHOLDING OF DEPARTMENT OF JUSTICE

18 FUNDS.

19 If the Attorney General does not certify the national

20 instant criminal background check system pursuant to sec21 tion 103(a) by—

22 (1) 24 months after the date of enactment of this

23 Act the general administrative funds appropriated to

24 the Department of Justice for the fiscal year begin25 ning in the calendar year in which the date that is
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1 24 months after the date of enactment of this Act falls

2 shall be reduced by 5 percent on a monthly basis; and

3 (2) 36 months after the date of enactment of this

4 Act the general administrative funds appropriated to

5 the Department of Justice for the fiscal year begin6 ning in the calendar year in which the date that is

7 36 months after the date of enactment of this Act falls

8 shall be reduced by 10 percent on a monthly basis.

9 SEC. 108. WITHHOLDING STATE FUNDS.

10 Effective on the date of enactment of this Act, the At11 torney General may reduce by up to 50 percent the alloca12 tion to a State for a fiscal year under title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968 of a State that

14 is not in compliance with the timetable established for such

15 State under section 103(a).

16 TITLE II—MULTIPLE FIREARM

17 PURCHASES TO STATE AND

18 LOCAL POLICE

19 SEC. 201. REPORTING REQUIREMENT.

20 Section 923(g)(3) of title 18, United States Code, is

21 amended—

22 (1) in the second sentence by inserting after

23 ‘‘thereon,’’ the following: ‘‘, and to the department of

24 State police or State law enforcement agency of the

25 State or local law enforcement agency of the local ju-
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1 risdiction in which the sale or other disposition took

2 place,’’;

3 (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

4 (3) by adding at the end thereof the following:

5 ‘‘(B) Except in the case of forms and contents

6 thereof regarding a purchaser who is prohibited by

7 subsection (g) or (n) of section 922 of this title from

8 receipt of a firearm, the department of State police or

9 State law enforcement agency or local law enforce10 ment agency of the local jurisdiction shall not disclose

11 any such form or the contents thereof to any person

12 or entity, and shall destroy each such form and any

13 record of the contents thereof no more than 20 days

14 from the date such form is received. No later than the

15 date that is 6 months after the effective date of this

16 subparagraph, and at the end of each 6-month period

17 thereafter, the department of State police or State law

18 enforcement agency or local law enforcement agency

19 of the local jurisdiction shall certify to the Attorney

20 General of the United States that no disclosure con21 trary to this subparagraph has been made and that

22 all forms and any record of the contents thereof have

23 been destroyed as provided in this subparagraph.’’.
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1 TITLE III—FEDERAL FIREARMS

2 LICENSE REFORM

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Federal Firearms Li5 cense Reform Act of 1993’’.

6 SEC. 302. PREVENTION OF THEFT OF FIREARMS.

7 (a) COMMON CARRIERS.—Section 922(e) of title 18,

8 United States Code, is amended by adding at the end the

9 following: ‘‘No common or contract carrier shall require or

10 cause any label, tag, or other written notice to be placed

11 on the outside of any package, luggage, or other container

12 that such package, luggage, or other container contains a

13 firearm.’’.

14 (b) RECEIPT REQUIREMENT.—Section 922(f) of title

15 18, United States Code, is amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

17 (2) by adding at the end the following new para18 graph:

19 ‘‘(2) It shall be unlawful for any common or contract

20 carrier to deliver in interstate or foreign commerce any fire21 arm without obtaining written acknowledgement of receipt

22 from the recipient of the package or other container in

23 which there is a firearm.’’.

24 (c) LICENSING.—Section 923(c) of title 18, United

25 States Code, is amended by inserting after the first sentence
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1 the following: ‘‘A licensee may, in person, transfer or deliver

2 firearms to, and receive firearms from, another licensee at

3 any location without regard to the State which is specified

4 on the license.’’.

5 (d) UNLAWFUL ACTS.—Section 922 of title 18, United

6 States Code, as amended by section 302(b), is amended by

7 adding at the end the following new subsection:

8 ‘‘(u) It shall be unlawful for a person to steal or un9 lawfully take or carry away from the person or the premises

10 of a person who is licensed to engage in the business of im11 porting, manufacturing, or dealing in firearms, any fire12 arm in the licensee’s business inventory that has been

13 shipped or transported in interstate or foreign commerce.’’.

14 (e) PENALTIES.—Section 924 of title 18, United States

15 Code, is amended by adding at the end the following new

16 subsection:

17 ‘‘(i)(1)(A) A person who knowingly violates section

18 922(u) shall be fined not more than $10,000, imprisoned

19 not more than 10 years, or both.

20 ‘‘(B) A person who, during any robbery (as defined

21 in section 1951) or riot (as defined in section 2104), violates

22 section 922(u), shall be sentenced to imprisonment for 30

23 years, no part of which may be suspended or, if a death

24 results, to life imprisonment without release.
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1 ‘‘(2) Nothing contained in this subsection shall be con2 strued as indicating an intent on the part of Congress to

3 occupy the field in which provisions of this subsection oper4 ate to the exclusion of State laws on the same subject matter,

5 nor shall any provision of this subsection be construed as

6 invalidating any provision of State law unless such provi7 sion is inconsistent with any of the purposes of this sub8 section.’’.

9 SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN

10 FIREARMS.

11 Section 923(a)(3) of title 18, United States Code, is

12 amended—

13 (1) in subparagraph (B) by striking ‘‘a pawn14 broker dealing in firearms other than’’ and inserting

15 ‘‘not a dealer in’’;

16 (2) in subparagraph (B) by striking ‘‘$25 per

17 year’’ and inserting ‘‘$200 for 3 years, except that the

18 renewal of a valid license shall be $90 for 3 years.’’;

19 and

20 (3) by striking subparagraph (C).

21 SEC. 304. DEFINITION OF ANTIQUE FIREARMS.

22 Section 921(a)(16)(A) of title 18, United States Code,

23 is amended by striking ‘‘1898’’ and inserting ‘‘1918’’.
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1 SEC. 305. COMMUNICATION WITH LICENSEES.

2 Section 926 of title 18, United States Code, is amend3 ed—

4 (1) by inserting at the end of subsection (b) the

5 following: ‘‘In addition to such other requirements of

6 law as may be applicable, no rule or regulation shall

7 be effective until 30 days after a copy has been pro8 vided to all persons licensed under this chapter.’’; and

9 (2) by inserting at the end thereof the following

10 new subsections:

11 ‘‘(d) The Secretary shall publish and provide to all li12 censees, not less than on a quarterly basis each year, all

13 official rulings concerning this chapter and concerning

14 chapter 53 of title 26, United States Code.

15 ‘‘(e) The Secretary shall publish and provide to all li16 censees, at such times as he shall deem necessary, the names

17 and license numbers of all revoked firearms licensees.’’.

18 TITLE IV—MENTAL DEFECTIVES

19 SEC. 401. NOTIFICATION OF ADJUDICATIONS OF PERSONS

20 AS MENTAL DEFECTIVES AND COMMITMENTS

21 TO MENTAL INSTITUTIONS.

22 Section 503(a) of title I of the Omnibus Safe Streets

23 and Crime Control Act of 1968 (42 U.S.C. 3753(a)) is

24 amended by adding at the end the following new paragraph:
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1 ‘‘(12) A certification that the State has estab2 lished a plan under which the State will provide to

3 the Department of Justice, without fee—

4 ‘‘(A) within 30 days after the date on which

5 any person in the State is adjudicated as a men6 tal defective or committed to a mental institu7 tion, notice of the adjudication or commitment;

8 and

9 ‘‘(B) within 30 days after the date on which

10 the Department of Justice requests it, a copy of

11 the certified record of the adjudication or com12 mitment.’’.

Attest:

Secretary.
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