IB 
Union Calendar No. 469
107TH CONGRESS 
2D SESSION 
H. R. 4757
[Report No. 107–748] 
To improve the national instant criminal background check system, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2002
Mrs. MCCARTHY of New York (for herself, Mr. DINGELL, Mr. KIRK, Mr. CON-
YERS, Mr. MORAN of Virginia, Mr. GILMAN, Mrs. TAUSCHER, Mrs. 
MORELLA, Mr. ANDREWS, Mrs. ROUKEMA, Mr. PASCRELL, Mr. CASTLE, 
Mr. CAPUANO, Mr. FRANK, Ms. NORTON, Mr. MOORE, Ms. BROWN of 
Florida, Ms. WOOLSEY, Mr. BLAGOJEVICH, Ms. CARSON of Indiana, Ms. 
SCHAKOWSKY, Mr. LANGEVIN, Mr. MEEHAN, Mr. NADLER, Mrs. LOWEY, 
Mr. DAVIS of Illinois, Mr. HOEFFEL, Ms. RIVERS, Mr. WEXLER, Mr. 
MCGOVERN, Mr. WAXMAN, Mr. ENGEL, Mr. FORD, Ms. LOFGREN, Mr. 
HASTINGS of Florida, Mr. ISRAEL, Mr. WEINER, Ms. ROYBAL-ALLARD, 
Ms. WATERS, Ms. JACKSON-LEE of Texas, Mr. TOWNS, Mr. RUSH, Mr. 
CLAY, Mr. ROTHMAN, Ms. DELAURO, and Mr. SHERMAN) introduced the 
following bill; which was referred to the Committee on the Judiciary 
OCTOBER 15, 2002
Additional sponsors: Mr. GONZALEZ, Ms. DEGETTE, Mr. CROWLEY, Mr. LAN-
TOS, Mr. FERGUSON, Mr. CUMMINGS, Mr. THOMPSON of Mississippi, 
Mrs. MALONEY of New York, Mr. SHAYS, Mr. SCHIFF, Mr. EHRLICH, 
Mr. PRICE of North Carolina, and Mr. BLUMENAUER 
OCTOBER 15, 2002 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 16, 2002] 
A BILL 
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. 
This Act may be cited as the ‘‘Our Lady of Peace Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Since 1994, more than 689,000 individuals 
have been denied a gun for failing a background 
check. 
(2) States that fail to computerize their criminal 
and mental illness records are the primary cause of 
delays for background checks. Helping States auto-
mate their records will reduce delays for law-abiding 
gun owners. 
(3) 25 States have automated less than 60 per-
cent of their felony criminal conviction records. 
(4) 33 States do not automate or share disquali-
fying mental health records.
(5) In 13 States, domestic violence restraining 
orders are not automated or accessible by the national 
instant criminal background check system. 
(6) In 15 States, no domestic violence mis-
demeanor records are automated or accessible by the 
national instant criminal background check system. 
TITLE I—TRANSMITTAL OF 
RECORDS 
SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL 
DEPARTMENTS AND AGENCIES PROVIDE REL-
EVANT INFORMATION TO THE NATIONAL IN-
STANT CRIMINAL BACKGROUND CHECK SYS-
TEM. 
(a) IN GENERAL.—Section 103(e)(1) of the Brady 
Handgun Violence Prevention Act (18 U.S.C. 922 note) is 
amended—
(1) by inserting ‘‘electronically’’ before ‘‘furnish’’; 
and 
(2) by adding at the end the following: ‘‘The 
head of each department or agency shall ascertain 
whether the department or agency has any records re-
lating to any person described in subsection (g) or (n) 
of section 922 of title 18, United States Code and on 
being made aware that the department or agency has 
such a record, shall make the record available to the
Attorney General for inclusion in the system to the 
extent the Attorney General deems appropriate. The 
head of each department or agency, on being made 
aware that the basis under which a record was made 
available under this section does not apply or no 
longer applies, shall transmit a certification identi-
fying the record (and any name or other relevant 
identifying information) to the Attorney General for 
removal from the system. The Attorney General shall 
notify the Congress on an annual basis as to whether 
the Attorney General has obtained from each such de-
partment or agency the information requested by the 
Attorney General under this subsection.’’. 
(b) IMMIGRATION RECORDS.—The Commissioner of 
the Immigration and Naturalization Service shall cooperate 
in providing information regarding all relevant records of 
persons disqualified from acquiring a firearm under Fed-
eral law, including but not limited to, illegal aliens, visitors 
to the United States on student visas, and visitors to the 
United States on tourist visas, to the Attorney General for 
inclusion in the national instant criminal background 
check system. 
SEC. 102. REQUIREMENTS TO OBTAIN WAIVER. 
(a) IN GENERAL.—Beginning 5 years after the date 
of the enactment of this Act, a State shall be eligible to re-
ceive a waiver of the 10 percent matching requirement for 
National Criminal History Improvement Grants under the 
Crime Identification Technology Act of 1988 if the State 
provides at least 95 percent of the information described 
in subsection (b). The length of such a waiver shall not ex-
ceed 5 years.
(b) ELIGIBILITY OF STATE RECORDS FOR SUBMISSION 
TO
THE
NATIONAL
INSTANT
CRIMINAL
BACKGROUND 
CHECK SYSTEM.—
(1) 
REQUIREMENTS
FOR
ELIGIBILITY.—The 
State shall make available the following information 
established either through its own database or provide 
information to the Attorney General: 
(A) The name of and other relevant identi-
fying information relating to each person dis-
qualified from acquiring a firearm under sub-
section (g) or (n) of section 922 of title 18, 
United States Code, and each person disqualified 
from acquiring a firearm under applicable State 
law. 
(B) The State, on being made aware that 
the basis under which a record was made avail-
able under subparagraph (A) does not apply or 
no longer applies, shall transmit a certification 
identifying the record (and any name or other
relevant identifying information) to the Attorney 
General for removal from the system. 
(C) Any information provided to the Attor-
ney General under subparagraph (A) may be 
accessed only for background check purposes 
under section 922(t) of title 18, United States 
Code. 
(D) The State shall certify to the Attorney 
General that at least 95 percent of all informa-
tion described in subparagraph (A) has been pro-
vided to the Attorney General in accordance with 
subparagraph (A). 
(2) APPLICATION
TO
PERSONS
CONVICTED
OF 
MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE.—(A) 
For purposes of paragraph (1), a person disqualified 
from acquiring a firearm as referred to in that para-
graph includes a person who has been convicted in 
any court of any Federal, State, or local offense 
that—
(i) is a misdemeanor under Federal or 
State law or, in a State that does not classify of-
fenses as misdemeanors, is an offense punishable 
by imprisonment for a term of 1 year or less (or 
punishable by only a fine);
(ii) has, as an element of the offense, the use 
or attempted use of physical force (for example, 
assault and battery), or the threatened use of a 
deadly weapon; and 
(iii) was committed by a current or former 
spouse, parent, or guardian of the victim, by a 
person with whom the victim shares a child in 
common, by a person who is cohabitating with 
or has cohabitated with the victim as a spouse, 
parent, or guardian, (for example, the equivalent 
of ‘‘common-law marriage’’ even if such relation-
ship is not recognized under the law), or a per-
son similarly situated to a spouse, parent, or 
guardian of the victim (for example, two persons 
who are residing at the same location in an inti-
mate relationship with the intent to make that 
place their home would be similarly situated to 
a spouse). 
(B) A person shall not be considered to have been 
convicted of such an offense for purposes of subpara-
graph (A) unless—
(i) the person is considered to have been 
convicted by the jurisdiction in which the pro-
ceeding was held;
(ii) the person was represented by counsel 
in the case, or knowingly and intelligently 
waived the right to counsel in the case; and 
(iii) in the case of a prosecution for which 
a person was entitled to a jury trial in the juris-
diction in which the case was tried—
(I) the case was tried by a jury; or 
(II) the person knowingly and intel-
ligently waived the right to have the case 
tried by a jury, by guilty plea, or otherwise. 
(C) A person shall not be considered to have been 
convicted of such an offense for purposes of subpara-
graph (A) if the conviction has been expunged or set 
aside, or is an offense for which the person has been 
pardoned or has had civil rights restored (if the law 
of the jurisdiction in which the proceedings were held 
provides for the loss of civil rights upon conviction of 
such an offense) unless the pardon, expungement, or 
restoration of civil rights expressly provides that the 
person may not ship, transport, possess, or receive 
firearms, and the person is not otherwise prohibited 
by the law of the jurisdiction in which the pro-
ceedings were held from receiving or possessing any 
firearms.
(3) APPLICATION TO PERSONS WHO HAVE BEEN 
ADJUDICATED
AS
A
MENTAL
DEFECTIVE
OR
COM-
MITTED TO A MENTAL INSTITUTION.—
(A) For purposes of paragraph (1), an ad-
judication as a mental defective occurs when a 
court, board, commission, or other government 
entity determines that a person, as a result of 
marked subnormal intelligence, or mental illness, 
incompetency, condition, or disease—
(i) is a danger to himself or to others; 
or 
(ii) lacks the mental capacity to con-
tract or manage his own affairs. 
(B) The term ‘‘adjudicated as a mental de-
fective’’ includes—
(i) a finding of insanity by a court in 
a criminal case; and 
(ii) a finding that a person is incom-
petent to stand trial or is not guilty by rea-
son of lack of mental responsibility pursu-
ant to articles 50a and 72b of the Uniform 
Code of Military Justice (10 U.S.C. 850a, 
876b). 
(C) EXCEPTIONS.—This paragraph does not 
apply to—
(i) a person—
(I) in a mental institution for ob-
servation; or 
(II) voluntarily committed to a 
mental institution; or 
(ii) information protected by doctor-
patient privilege.
(4) PRIVACY PROTECTIONS.—For any informa-
tion provided under the national instant criminal 
background check system, the Attorney General shall 
work with States and local law enforcement and the 
mental health community to establish regulations and 
protocols for protecting the privacy of information 
provided to the system. In the event of a conflict be-
tween a provision of this Act and a provision of State 
law relating to privacy protection, the provision of 
State law shall control. 
(5) STATE
AUTHORITY.—Notwithstanding any 
other provision of this subsection, a State may des-
ignate that records transmitted under this subsection 
shall be used only to determine eligibility to purchase 
or possess a firearm. 
(c) ATTORNEY GENERAL REPORT.—Not later than 
January 31 of each year, the Attorney General shall submit 
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives 
a report on the progress of States in automating the data-
bases containing the information described in subsection (b) 
and in providing that information pursuant to the require-
ments of such subsection. 
SEC. 103. IMPLEMENTATION GRANTS TO STATES. 
(a) IN GENERAL.—From amounts made available to 
carry out this section, the Attorney General shall make 
grants to each State, in a manner consistent with the na-
tional criminal history improvement program, which shall 
be used by the State, in conjunction with units of local gov-
ernment and State and local courts, to establish or upgrade 
information and identification technologies for firearms eli-
gibility determinations. 
(b) USE OF GRANT AMOUNTS.—Grants under this sec-
tion may only be awarded for the following purposes: 
(1) Building databases that are directly related 
to checks under the national instant criminal back-
ground check system (NICS), including court disposi-
tion and corrections records. 
(2) Assisting States in establishing or enhancing 
their own capacities to perform NICS background 
checks. 
(3) Improving final dispositions of criminal 
records.
(4) Supplying mental health records to NICS. 
(5) Supplying court-ordered domestic restraining 
orders and records of domestic violence misdemeanors 
(as defined in section 102 of this Act) for inclusion 
in NICS. 
(c) 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 section 
shall be liable to the Attorney General for the full amount 
granted. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$250,000,000 for each of fiscal years 2004, 2005, and 2006. 
(e) The Federal Bureau of Investigation shall not 
charge a user fee for background checks pursuant to section 
922(t) of title 18, United States Code. 
TITLE 
II—FOCUSING 
FEDERAL 
ASSISTANCE 
ON 
THE 
IM-
PROVEMENT 
OF 
RELEVANT 
RECORDS 
SEC. 201. CONTINUING EVALUATIONS. 
(a) EVALUATION REQUIRED.—The Director of the Bu-
reau of Justice Statistics shall study and evaluate the oper-
ations of the national instant criminal background check
system. Such study and evaluation shall include, but not 
be limited to, compilations and analyses of the operations 
and record systems of the agencies and organizations par-
ticipating in such system. 
(b) REPORT ON GRANTS.—Not later than January 31 
of each year, the Director shall submit to Congress a report 
on the implementation of section 102(b). 
(c) REPORT ON BEST PRACTICES.—Not later than 
January 31 of each year, the Director shall submit to Con-
gress, and to each State participating in the National 
Criminal History Improvement Program, a report of the 
practices of the States regarding the collection, mainte-
nance, automation, and transmittal of identifying informa-
tion relating to individuals described in subsection (g) or 
(n) of section 922 of title 18, United States Code, by the 
State or any other agency, or any other records relevant 
to the national instant criminal background check system, 
that the Director considers to be best practices.
TITLE III—GRANTS TO STATE 
COURTS FOR THE IMPROVE-
MENT IN AUTOMATION AND 
TRANSMITTAL 
OF 
DISPOSI-
TION RECORDS 
SEC. 301. GRANTS AUTHORIZED. 
(a) IN GENERAL.—From amounts made available to 
carry out this section, the Attorney General shall make 
grants to each State for use by the chief judicial officer of 
the State to improve the handling of proceedings related to 
criminal history dispositions and restraining orders. 
(b) USE OF FUNDS.—Amounts granted under this sec-
tion shall be used by the chief judicial officer only as follows: 
(1) For fiscal year 2004, such amounts shall be 
used to carry out assessments of the capabilities of the 
courts of the State for the automation and trans-
mission to State and Federal record repositories the 
arrest and conviction records of such courts. 
(2) For fiscal years after 2004, such amounts 
shall be used to implement policies, systems, and pro-
cedures for the automation and transmission to State 
and Federal record repositories the arrest and convic-
tion records of such courts. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Attorney General to
carry out this section $125,000,000 for each of fiscal years 
2004, 2005, and 2006.
Union Calendar No. 469
107TH CONGRESS 
2D SESSION 
H. R. 4757
[Report No. 107–748] 
A BILL 
To improve the national instant criminal 
background check system, and for other purposes. 
OCTOBER 15, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed