I
105TH CONGRESS
1ST SESSION
H. R. 2880
To amend title 23, United States Code, to encourage States to require
background checks requested in connection with the Brady Handgun
Violence Prevention Act.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 23, United States Code, to encourage States
to require background checks requested in connection
with the Brady Handgun Violence Prevention Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. BACKGROUND CHECKS RELATED TO THE PUR-
CHASE OF A HANDGUN.
Chapter 1 of title 23, United States Code, is amended
by added at the end the following:
‘‘§ 162. Background checks related to the purchase of
a handgun
‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.—
‘‘(1) FISCAL YEAR 2001.—The Secretary shall
withhold 5 percent of the amount required to be ap-
portioned to any State under each of paragraphs
(1), (3), and (5)(B) of section 104(b) on October 1,
2000, if the State does not meet the requirement of
paragraph (3) on such date.
‘‘(2) THEREAFTER.—The Secretary shall with-
hold 10 percent (including any amounts withheld
under paragraph (1)) of the amount required to be
apportioned to any State under each of paragraphs
(1), (3), and (5)(B) of section 104(b) on October 1,
2001, and on October 1 of each fiscal year there-
after, if the State does not meet the requirement of
paragraph (3) on such date.
‘‘(3) REQUIREMENT.—A State meets the re-
quirement of this paragraph if the State has enacted
and is enforcing a law to ensure that, if a law en-
forcement agency of that State receives a notice pro-
vided pursuant to section 922(s)(1)(A)(i)(III) of title
18, United States Code, with respect to the transfer
of a handgun, the agency ascertains whether receipt
or possession of the handgun by the transferee
would be in violation of the law, including research
in whatever State and local recordkeeping systems
are available.
‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD
FUNDS.—
‘‘(A) FUNDS WITHHELD ON OR BEFORE
SEPTEMBER
30, 
2002.—Any funds withheld
under subsection (a) from apportionment to any
State on or before September 30, 2002, shall
remain available until the end of the third fiscal
year following the fiscal year for which such
funds are authorized to be appropriated.
‘‘(B) FUNDS WITHHELD AFTER SEPTEM-
BER 30, 2002.—No funds withheld under this
section from apportionment to any State after
September 30, 2002, shall be available for ap-
portionment to such State.
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld under subsection (a)
from apportionment are to remain available for ap-
portionment to a State under paragraph (1), the
State meets the requirement of subsection (a)(3),
the Secretary shall, on the first day on which the
State meets such requirement, apportion to the
State the funds withheld under subsection (a) that
remain available for apportionment to the State.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—Any funds appor-
tioned pursuant to paragraph (2) shall remain avail-
able for expenditure until the end of the third fiscal
year following the fiscal year in which such funds
are so apportioned. Sums not obligated at the end
of such period shall lapse.
‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the
end of the period for which funds withheld under
subsection (a) from apportionment are available for
apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection
(a)(3), such funds shall lapse.’’.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at
the end the following:
‘‘162. Background checks related to the purchase of a handgun.’’.
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