107TH CONGRESS
2D SESSION
H. R. 4757
AN ACT
To improve the national instant criminal
background check system, and for other purposes.
107TH CONGRESS
2D SESSION
H. R. 4757
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,
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 inserting ‘‘electronically’’ before ‘‘fur-
nish’’; 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
relating 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 ap-
propriate. 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 cer-
tification identifying the record (and any name or
other relevant identifying information) to the Attor-
ney General for removal from the system. The Attor-
ney General shall notify the Congress on an annual
basis as to whether the Attorney General has ob-
tained from each such department or agency the in-
formation requested by the Attorney General under
this subsection.’’.
(b) IMMIGRATION RECORDS.—The Commissioner of
the Immigration and Naturalization Service shall cooper-
ate in providing information regarding all relevant records
of persons disqualified from acquiring a firearm under
Federal 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 Gen-
eral 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
receive 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 de-
scribed in subsection (b). The length of such a waiver shall
not exceed 5 years.
(b) ELIGIBILITY OF STATE RECORDS FOR SUBMIS-
SION
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 pro-
vide 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 disquali-
fied 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 Attor-
ney 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
provided 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 dis-
qualified from acquiring a firearm as referred to in
that paragraph includes a person who has been con-
victed in any court of any Federal, State, or local of-
fense that—
(i) is a misdemeanor under Federal or
State law or, in a State that does not classify
offenses as misdemeanors, is an offense punish-
able 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 ex-
ample, 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 equiva-
lent of ‘‘common-law marriage’’ even if such re-
lationship is not recognized under the law), or
a person similarly situated to a spouse, parent,
or guardian of the victim (for example, two per-
sons who are residing at the same location in
an intimate relationship with the intent to make
that place their home would be similarly situ-
ated to a spouse).
(B) A person shall not be considered to have
been convicted of such an offense for purposes of
subparagraph (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 other-
wise.
(C) A person shall not be considered to have
been convicted of such an offense for purposes of
subparagraph (A) if the conviction has been ex-
punged or set aside, or is an offense for which the
person has been pardoned or has had civil rights re-
stored (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 per-
son is not otherwise prohibited by the law of the ju-
risdiction in which the proceedings 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.—