110TH CONGRESS 
1ST SESSION H. R. 2640 
AN ACT 
To improve the National Instant Criminal Background Check 
System, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—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; 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 participa-
tion in grant programs. 
TITLE II—FOCUSING FEDERAL ASSISTANCE ON THE 
IMPROVEMENT OF RELEVANT RECORDS 
Sec. 201. Continuing evaluations. 
TITLE III—GRANTS TO STATE COURT SYSTEMS FOR THE IM-
PROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSI-
TION 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 Decem-
ber 31, 2004.
(2) From November 30, 1998, through Decem-
ber 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 back-
ground 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 back-
ground checks is the lack of— 
(A) updates and available State criminal 
disposition records; and 
(B) automated access to information con-
cerning 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 in-
formation-sharing that would enable Federal and 
State law enforcement agencies to conduct a com-
plete background check on a potential firearm pur-
chaser. 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. 
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 ‘‘ad-
judicated as a mental defective’’, ‘‘committed to a 
mental institution’’, and related terms have the 
meanings given those terms in regulations imple-
menting section 922(g)(4) of title 18, United States 
Code, as in effect on the date of the enactment of 
this Act. 
(3) MISDEMEANOR CRIME OF DOMESTIC VIO-
LENCE.—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 FED-
ERAL DEPARTMENTS AND AGENCIES PRO-
VIDE RELEVANT INFORMATION TO THE NA-
TIONAL 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 insert-
ing 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 informa-
tion described under subparagraph (A)’’; and 
(4) by adding at the end the following: 
‘‘(C) QUARTERLY SUBMISSION TO ATTOR-
NEY
GENERAL.—If a department or agency 
under subparagraph (A) has any record of any 
person demonstrating that the person falls 
within one of the categories described in sub-
section (g) or (n) of section 922 of title 18, 
United States Code, the head of such depart-
ment or agency shall, not less frequently than 
quarterly, provide the pertinent information 
contained in such record to the Attorney Gen-
eral. 
‘‘(D) INFORMATION UPDATES.—The agen-
cy, on being made aware that the basis under 
which a record was made available under sub-
paragraph (A) does not apply, or no longer ap-
plies, shall— 
‘‘(i) update, correct, modify, or re-
move 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; 
or 
‘‘(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. 
‘‘(E) ANNUAL
REPORT.—The Attorney 
General shall submit an annual report to Con-
gress that describes the compliance of each de-
partment 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 quar-
terly, 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 para-
graph who have changed their status to a cat-
egory 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 con-
fidential, as required by the laws, regulations, 
policies, or procedures governing the applicable 
record system; 
(B) provide for the timely removal and de-
struction of obsolete and erroneous names and 
information from the National Instant Criminal 
Background Check System; and
(C) work with States to encourage the de-
velopment of computer systems, which would 
permit electronic notification to the Attorney 
General when— 
(i) a court order has been issued, lift-
ed, or otherwise removed by order of the 
court; or 
(ii) a person has been adjudicated as 
mentally defective or committed to a men-
tal institution. 
(c) STANDARD FOR ADJUDICATIONS, COMMITMENTS, 
AND
DETERMINATIONS
RELATED
TO
MENTAL 
HEALTH.— 
(1) IN GENERAL.—No department or agency of 
the Federal Government may provide to the Attor-
ney General any record of an adjudication or deter-
mination related to the mental health of a person, 
or any commitment of a person to a mental institu-
tion if— 
(A) the adjudication, determination, 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 condi-
tion that was the basis of the adjudication, de-
termination, or commitment, respectively, or 
has otherwise been found to be rehabilitated 
through any procedure available under law; or 
(C) the adjudication, determination, or 
commitment, respectively, is based solely on a 
medical finding of disability, without a finding 
that the person is a danger to himself or to oth-
ers or that the person lacks the mental capacity 
to manage his own affairs. 
(2) TREATMENT OF CERTAIN ADJUDICATIONS, 
DETERMINATIONS, AND COMMITMENTS.— 
(A) PROGRAM FOR RELIEF FROM DISABIL-
ITIES.—Each department or agency of the 
United States that makes any adjudication or 
determination 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 a program that per-
mits such a person to apply for relief from the 
disabilities imposed by such subsections. Relief
and judicial review shall be available according 
to the standards prescribed in section 925(c) of 
title 18, United States Code. 
(B) RELIEF FROM DISABILITIES.—In the 
case of an adjudication or determination related 
to the mental health of a person or a commit-
ment of a person to a mental institution, a 
record of which may not be provided to the At-
torney 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), 
the adjudication, determination, or commit-
ment, 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. 
(d) 
INFORMATION
EXCLUDED
FROM
NICS 
RECORDS.— 
(1) IN GENERAL.—No department or agency of 
the Federal Government may make available to the 
Attorney General, for use by the National Instant 
Criminal Background Check System (nor may the 
Attorney General make available to such system),
the name or any other relevant identifying informa-
tion of any person adjudicated or determined to be 
mentally defective or any person committed to a 
mental institution for purposes of assisting the At-
torney General in enforcing subsections (d)(4) and 
(g)(4) of section 922 of title 18, United States Code, 
unless such adjudication, determination, or commit-
ment, respectively, included a finding that the per-
son is a danger to himself or to others or that the 
person lacks the mental capacity to manage his own 
affairs. 
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
apply to names and other information provided be-
fore, on, or after the date of the enactment of this 
Act. Any name or information provided in violation 
of paragraph (1) before 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 sub-
section (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 sub-
section (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 Attor-
ney General with a reasonable estimate, as cal-
culated by a method determined by the Attor-
ney General, of the number of the records de-
scribed 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 ESTI-
MATE.—A State that fails to provide an esti-
mate described in subparagraph (A) by the date
required under such subparagraph shall be in-
eligible 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 
arrested for a crime that is punishable by 
imprisonment for a term exceeding one 
year, and for which a record of final dis-
position is available electronically or other-
wise. 
(ii) A record that identifies a person 
for whose arrest a warrant or process has 
been issued that is valid under the laws of 
the State involved, as of the date of the es-
timate. 
(iii) A record that identifies a person 
who is an unlawful user of or addicted to 
a controlled substance (as such terms ‘‘un-
lawful user’’ and ‘‘addicted’’ are respec-
tively defined in regulations implementing 
section 922(g)(3) of title 18, United States 
Code, as in effect on the date of the enact-
ment of this Act) 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 mentally defec-
tive or committed to a mental institution 
(as determined in regulations implementing 
section 922(g)(4) of title 18, United States 
Code, as in effect on the date of the enact-
ment of this Act) 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 con-
victed 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 deter-
mining the compliance of a State under this section
or section 104 of this Act for the purpose of grant-
ing 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 30 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 para-
graph (2), States shall endeavor to provide the Na-
tional Instant Criminal Background Check System 
with all records concerning persons who are prohib-
ited 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 SUBMIS-
SION
TO
THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM.— 
(1) REQUIREMENTS FOR ELIGIBILITY.— 
(A) IN GENERAL.—From information col-
lected by a State, the State shall make elec-
tronically available to the Attorney General 
records relevant to a determination of whether 
a person is disqualified from possessing or re-
ceiving 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 In-
stant Criminal Background Check System, 
consistent with the rules pertaining to that 
database; or 
(ii) notify the Attorney General that 
such basis no longer applies so that the 
record system in which the record is main-
tained is kept up to date. 
(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 information described in subpara-
graph (A) has been made electronically avail-
able to the Attorney General in accordance with 
subparagraph (A). 
(D) INCLUSION
OF
ALL
RECORDS.—For 
purposes of this paragraph, a State shall iden-
tify 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 Gen-
eral, for use by the National Instant Criminal Back-
ground Check System, records relevant to a deter-
mination of whether a person has been convicted in 
any court of a misdemeanor crime of domestic vio-
lence. With respect to records relating to such 
crimes, the State shall provide information specifi-
cally describing the offense and the specific section 
or subsection of the offense for which the defendant 
has been convicted and the relationship of the de-
fendant to the victim in each case. 
(3) APPLICATION TO PERSONS WHO HAVE BEEN 
ADJUDICATED AS A MENTAL DEFECTIVE OR COM-
MITTED
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 in-
formation of persons adjudicated as mentally defec-
tive or those committed to mental institutions to as-
sist 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 in-
formation 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 regula-
tions 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 sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives a report on the progress of States in auto-
mating the databases containing the information described 
in subsection (b) and in making that information elec-
tronically 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 avail-
able 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 His-
tory Improvement Program, which shall be used by 
the States and Indian tribal governments, in con-
junction with units of local government and State 
and local courts, to establish or upgrade information 
and identification technologies for firearms eligibility 
determinations. 
(2) GRANTS TO INDIAN TRIBES.—Up to 5 per-
cent of the grant funding available under this sec-
tion 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 ac-
curate and up-to-date information which is directly 
related to checks under the National Instant Crimi-
nal 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 per-
sons 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 Inves-
tigation 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; 
and 
(6) collect and analyze data needed to dem-
onstrate levels of State compliance with this Act. 
(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 sub-
section shall be liable to the Attorney General for the full 
amount of the grant received under this section. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$250,000,000 for each of the fiscal years 2008 through 
2010. 
(f) USER FEE.—The Federal Bureau of Investigation 
shall not charge a user fee for background checks pursu-
ant 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 infor-
mation described under sections 102 and 103, and
in providing that information pursuant to the re-
quirements of sections 102 and 103. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the De-
partment of Justice, such funds as may be necessary 
to carry out paragraph (1). 
(b) PENALTIES.— 
(1) DISCRETIONARY REDUCTION.—During the 
2-year period beginning 3 years after the date of en-
actment of this Act, the Attorney General may with-
hold not more than 3 percent of the amount that 
would otherwise be allocated to a State under sec-
tion 506 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756) if the State 
provides less than 60 percent of the information re-
quired to be provided under sections 102 and 103. 
(2) MANDATORY REDUCTION.—After the expi-
ration of the period 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 506 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756), if 
the State provides less than 90 percent of the infor-
mation required to be provided under sections 102 
and 103.
(3) WAIVER BY ATTORNEY GENERAL.—The At-
torney General may waive the applicability of para-
graph (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 com-
ply with the requirements of sections 102 and 103. 
(c) REALLOCATION.—Any funds that are not allo-
cated to a State because of the failure of the State to com-
ply with the requirements of this title shall be reallocated 
to States that meet such requirements. 
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 im-
posed by subsections (d)(4) and (g)(4) of such sec-
tion by reason of the adjudication or commitment; 
(2) provides that a State court, board, commis-
sion, or other lawful authority shall grant the relief,