(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) a court order (as described in section 
922(g)(8) of title 18, United States Code); and 
(B) a protection order (as defined in sec-
tion 2266(5) of title 18, United States Code). 
(2) MENTAL HEALTH TERMS.—The terms ‘‘ad-
judicated as a mental defective’’, ‘‘committed to a 
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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’’— 
(A) has the meaning given the term in sec-
tion 921(a)(33) of title 18, United States Code; 
(B) includes any Federal, State, or local 
offense that— 
(i) is a misdemeanor under Federal, 
State, local, or tribal law or, in a State 
that does not classify offenses as mis-
demeanors, is an offense punishable by im-
prisonment for a term of 1 year or less or 
punishable only by a fine regardless of 
whether or not the State statute specifi-
cally defines the offense as a crime of do-
mestic violence; 
(ii) has, as an element of the offense, 
the use or attempted use of physical force, 
such as assault and battery, or the threat-
ened use of a deadly weapon; and 
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(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 cohabiting with or has cohabited with 
the victim as a spouse, parent, or guard-
ian, or a person similarly situated to a 
spouse, parent, or guardian of the victim; 
and 
(C) does not include a crime described 
under subparagraph (A) if— 
(i) the person was not convicted by 
the jurisdiction in which the proceeding 
was held; 
(ii) the person was not represented by 
counsel in the case and did not knowingly 
or intelligently waive the right to counsel 
in the case; 
(iii) in the case of a prosecution for 
which a person was entitled to a jury trial 
in the jurisdiction in which the case was 
tried— 
(I) the case was not tried by a 
jury; and 
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(II) the person did not knowingly 
or intelligently waive the right to have 
the case tried by a jury, by guilty 
plea, or otherwise; or 
(iv) 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 unless— 
(I) the pardon, expungement, or 
restoration of civil rights expressly 
provides that the person may not ship, 
transport, possess, or receive firearms; 
or 
(II) the person is otherwise pro-
hibited by the law of the jurisdiction 
in which the proceedings were held 
from receiving or possessing any fire-
arms. 
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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 
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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-
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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— 
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