tional accessibility is available through the name
index in virtually all cases;
(8) thirty-two States with fully automated
criminal histories include final results or have dis-
position rates of criminal charges at rates that equal
or surpass those available in Florida and Virginia,
both of which States successfully operate instant
background screening systems on firearms pur-
chasers;
(9) in each of the 5 States currently using in-
stant background check systems for firearms pur-
chases, the time between the enactment of the legis-
lation establishing the systems and the actual online
usage was less than 1 year; in 4 of those States, the
online implementation of the system required be-
tween 6 and 9 months;
(10) as a result of earmarking 5 percent of
funds available under the Omnibus Crime Control
and Safe Streets Act of 1968, an additional
$20,000,000 was provided to the States in 1992 for
the purpose of developing and improving access to
automated criminal history records;
(11) over 1,000,000 people are currently incar-
cerated in the United States, and more than
3,000,000 people are on probation or parole;
(12) instant retrieval of accurate criminal
records greatly enhances the ability of law enforce-
ment officers in the field to identify dangerous sus-
pects and enables courts of justice to make informed
decisions for conditions of release and imposition of
sentence;
(13) preschool and adolescent child care edu-
cation programs have upwards of 50,000,000 chil-
dren enrolled; more than 6,000,000 children receive
some form of out-of-home care, and the number of
children enrolled in day care is projected to increase
substantially over the next decade;
(14) child abuse is an extremely serious na-
tional problem; it is estimated that each year over
500,000 children are victims; the emotional and psy-
chological consequences of abuse are devastating,
not only to the victim, but to the family and friends
of the child; child abuse undermines public con-
fidence in the individuals and systems which provide
care, education, supervision, or recreation for our
children;
(15) predatory child molesters commit sexual
crimes against a staggering number of children, and
are similar to the serial killers in their commitment
to perpetrating numbers of heinous crimes;
(16) there is an extremely high rate of recidi-
vism among child sex abusers; even when they are
apprehended and punished, the lack of adequate de-
tection and monitoring of sexual predators who mi-
grate from State to State poses a particularly
sinister threat to children;
(17) at least 22 States currently require a
criminal history check or permit access to criminal
information systems to screen people who will have
substantial contact with children, and a number of
States are considering initiatives to develop systems
for screening child care providers;
(18) the States are severely hampered in their
ability to protect children from child abuse outside
the home because of the incompleteness and inacces-
sibility of the national criminal history records nec-
essary for screening child care providers for 
a
history of child abuse crimes;
(19) screening the background of a potential
child care provider for a history of child abuse
crimes, the overwhelming majority of whom are car-
ing and professional individuals, does not violate the
individual’s rights, nor does instant background
screening of prospective handgun purchasers, vir-
tually all of whom are law-abiding citizens, violate
their individual rights under the Second and Four-
teenth Amendments to the United States Constitu-
tion to keep and bear arms; and
(20) the creation of a nationally accessible and
accurate database on criminal offenders will yield
general benefits to law enforcement authorities by—
(A) permitting the immediate review of ac-
curate criminal records by officers in the field,
thus protecting their safety and improving their
response to crime;
(B) enabling cross-comparisons of homi-
cides, acts of violence, and criminal activity,
thus assisting discovery of patterns of serial
murderers, gang migrations, or other concerted
criminal activities; and
(C) generally improving information with
regard to criminal trends and behavior, thus al-
lowing a more effective law enforcement re-
sponse to protect the public.
(b) PURPOSES.—The purposes of this Act are—
(1) to create a Federal instant background
check system to—
(A) identify persons for whom there are
outstanding arrest warrants so that law en-
forcement officers may be protected in the field
and may apprehend fugitives from justice;
(B) screen prospective handgun purchasers
to prevent persons who are prohibited by chap-
ter 44 of title 18, United States Code, from
purchasing handguns from licensed dealers;
(C) establish a uniform Federal framework
to ensure that States that conduct background
checks for child care providers are able to ob-
tain access to accurate and complete criminal
history information from across the Nation; and
(D) enable the courts to have ready access
to criminal history background information to
aid in establishing appropriate bail for defend-
ants and to aid in imposing sentences on per-
sons convicted of serious crimes;
(2) to provide the resources for each State to
implement a computerized criminal records system
that incorporates, on a continuing basis, the records
of crimes committed by persons with a record of
criminal activity dating back at least a decade;
(3) to provide a continuing funding mechanism
to ensure the long-term viability of the system;
(4) to require the Attorney General to develop
regulations implementing national uniform guide-
lines to allow States to determine if a person who
seeks employment as a child care provider should be
prohibited because of past criminal activity in an-
other State;
(5) to determine and to report on the status of
State criminal history records systems, and deter-
mine what needs to be done by each State to imple-
ment an effective instant background check system;
(6) to determine the means by which a federally
accessible network of criminal history records can be
accessed by the States;
(7) to provide the means of communication to
allow law enforcement authorities and the courts to
function more efficiently and effectively in carrying
out their duty to preserve public order and protect
the citizenry; and
(8) to provide for the privacy and to protect the
rights of the persons who will be screened by the
system.
SEC. 3. DEFINITIONS.
In this Act—
(1) ‘‘authorized agency’’ means a division or of-
fice of a State designated by a State to report, re-
ceive, or disseminate information under this Act;
(2) ‘‘background check crime’’ means—
(A) for the purpose of screening child care
providers, a child abuse crime, murder, man-
slaughter, 
aggravated 
assault, 
kidnapping,
arson, sexual assault, domestic violence, incest,
indecent exposure, prostitution, promotion of
prostitution, and a felony offense involving the
use or distribution of a controlled substance;
and
(B) for the purpose of screening handgun
purchasers, a crime punishable by imprison-
ment for a term exceeding 1 year within the
meaning of section 921(a)(20) of title 18,
United States Code;
(3) ‘‘child’’ means a person who is a child for
purposes of the criminal child abuse law of a State;
(4) ‘‘child abuse’’ means physical or mental in-
jury, sexual abuse or exploitation, neglectful treat-
ment, negligent treatment, or maltreatment of a
child by a person in violation of the criminal child
abuse laws of a State;
(5) ‘‘child abuse crime’’ means a crime commit-
ted under a law of a State that establishes criminal
penalties for the commission of child abuse by a par-
ent or other family member of a child or by any
other person;
(6) ‘‘child abuse crime information’’ means the
following facts concerning a person who is under in-
dictment for, or has been convicted of, a child abuse
crime: full name, social security number, race, date
of birth, a brief description of the child abuse crime
or offenses for which the person is under indictment
or has been convicted, and any other information
that the Attorney General determines may be useful
in identifying persons under indictment for, or con-
victed of, a child abuse crime;
(7) ‘‘child care’’ means the provision of care,
treatment, education, training, instruction, super-
vision, or recreation to children;
(8) ‘‘domestic violence’’ means a felony or mis-
demeanor involving the use or threatened use of
force by—
(A) a present or former spouse of the
victim;
(B) a person with whom the victim shares
a child in common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
(D) any person defined as a spouse of the
victim under the domestic or family violence
laws of a State;
(9) ‘‘exploitation’’ means child pornography and
child prostitution;
(10) ‘‘handgun’’ has the meaning stated in sec-
tion 921(a) of title 18, United States Code;
(11) ‘‘licensee’’ means an importer, manufac-
turer, or dealer (as defined in section 921(a) of title
18, United States Code) that is licensed under sec-
tion 923 of title 18, United States Code;
(12) ‘‘mental injury’’ means harm to a child’s
psychological or intellectual functioning, which may
be exhibited by severe anxiety, depression, with-
drawal or outward aggressive behavior, or a com-
bination of those behaviors or by a change in behav-
ior, emotional response, or cognition;
(13) ‘‘negligent treatment’’ means the failure to
provide, for a reason other than poverty, adequate
food, clothing, shelter, or medical care so as to seri-
ously endanger the physical health of a child;
(14) ‘‘physical injury’’ includes lacerations,
fractured bones, burns, internal injuries, severe
bruising, and serious bodily harm;
(15) ‘‘provider’’ means—
(A) a person who—
(i) is employed by a qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsuper-
vised access to a child to whom the quali-
fied entity provides child care; and
(B) a person who—
(i) seeks to be employed by a qualified
entity; or
(ii) seeks to own or operate a qualified
entity;
(16) ‘‘qualified entity’’ means a public or pri-
vate business or organization that provides child
care or child care placement services, including a
business or organization that licenses or certifies
others to provide child care or child care placement
services;
(17) ‘‘sex crime’’ means an act of sexual abuse
that is a criminal act;
(18) ‘‘sexual abuse’’ includes the employment,
use, persuasion, inducement, enticement, or coercion
of a child to engage in, or assist another person to
engage in, sexually explicit conduct or the rape, mo-
lestation, prostitution, or other form of sexual ex-
ploitation of children or incest with children; and
(19) ‘‘State’’ means a State, the District of Co-
lumbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, the Virgin Islands, Guam, and the
Trust Territories of the Pacific.
SEC. 4. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR
HANDGUN PURCHASES.
(a) IN GENERAL.—Not later than the date that is
12 months after the date of enactment of this Act, each
State shall establish and maintain a system that, on re-
ceipt of an inquiry from a licensee pursuant to section
922(s)(1) of title 18, United States Code, immediately re-
searches the criminal history of a prospective handgun
transferee, advises the licensee whether its records dem-
onstrate that such transferee is prohibited from receiving
a handgun by reason of section 922 (g) or (n) of title 18,
United States Code, and, if such transferee is not so pro-
hibited, provides the licensee a unique identification num-
ber with respect to the transfer.
(b) ADDITIONAL REQUIREMENTS.—A State instant
criminal check system shall—
(1) provide for the privacy and security of the
information contained in the system to an extent
equal, at a minimum, to the protections and rem-
edies provided in section 552a(g) of title 5, United
States Code;
(2) ensure that information conveyed to the sys-
tem by a licensee pursuant to section 922(s)(1) of
title 18, United States Code, is not retained in any
form whatsoever, is not conveyed to any person ex-
cept a person who has a need to know to carry out
the purpose of that section, and is not used for any
purpose other than to carry out that section; and
(3) provide to a prospective handgun transferee
who is denied receipt of a handgun on the basis of
information provided by the system a procedure for
the correction of erroneous information as otherwise
set forth in this Act.
(c) PROHIBITIONS ON USES OF INFORMATION.—
(1) RECORDATION BY THE GOVERNMENT.—No
record or portion thereof generated by an inquiry
concerning or a search of the criminal history of a
prospective transferee under a State instant criminal
check system established under subsection (a) shall
be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any
State or political subdivision thereof.
(2) REGISTRATION
OF
OWNERSHIP.—Neither
the United States, a State, or any political subdivi-
sion thereof shall use information provided by a li-
censee pursuant to a State instant criminal check
system established under subsection (a) to establish
any system for the registration of handguns, hand-
gun owners, or handgun transactions or dispositions,
except with respect to persons who are prohibited
from receiving a handgun by section 922 (g) or (n)
of title 18, United States Code.
SEC. 5. AMENDMENT OF CHAPTER 44 OF TITLE 18, UNITED
STATES CODE.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm (other than a firearm that is a
curio or relic under criteria established by the Sec-
retary by regulation) that has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts designed and in-
tended to be assembled into such a firearm and from
which such a firearm can be readily assembled.’’.
(b) IDENTIFICATION PROCEDURE.—Section 922 of
title 18, United States Code, is amended by adding at the
end the following new subsection:
‘‘(s)(1) Upon a State instant criminal check system
becoming operational pursuant to the Federal Criminal
Records Identification Act of 1993, and notice by an ap-
propriate State official by certified mail to each licensee
in the State that such system is operational, a licensed
importer, licensed manufacturer, or licensed dealer shall
not knowingly transfer a handgun from the business in-
ventory of such licensee to any other person who is not
licensed under this chapter before the completion of the
transfer unless the licensee contacts the State instant
criminal check system.’’.
(b) IDENTIFICATION PROCEDURE.—Section 922 of
title 18, United States Code, is amended by adding at the
end the following new subsection:
‘‘(A) the State system notifies the licensee that
the system has not located any record that dem-
onstrates that the receipt of a handgun by such
other person would violate section 922 (g) or (n); or
‘‘(B) at least 8 hours have elapsed since the li-
censee first contacted the system with respect to the
transfer, and the system has not notified the licensee
that the information available to the system dem-
onstrates that the receipt of a handgun by the per-
son would violate section 922 (g) or (n).
‘‘(2) Paragraph (1) shall not apply to a handgun
transfer between a licensee and another person if—
‘‘(A) the other person presents to the licensee
a valid permit or license issued by the State or a po-
litical subdivision of the State in which the transfer
is to occur that authorizes the person to purchase,
possess, or carry a firearm;
‘‘(B) the Secretary has, under section 5812 of
the Internal Revenue Code of 1986, approved the
transfer;
‘‘(C) the ability of the licensee to exchange in-
formation with the system described in paragraph
(1) is impaired for a period of more than 8 hours
due to natural or human disaster, insurrection, riot,
hurricane, other act of God, or other circumstance
beyond the control of the licensee; or
‘‘(D) on application of the licensee, the State
instant criminal check system has certified that com-
pliance with paragraph (1)(A) is impracticable be-
cause of the inability of the licensee to communicate
with the system due to the remote location of the li-
censed premises.
‘‘(3) If the State instant criminal check system noti-
fies the licensee that the information available to the sys-
tem does not demonstrate that the receipt of a handgun
by the person would violate section 922 (g) or (n), and
the licensee transfers a handgun to the person, the li-
censee shall include in the record of the transfer the
unique identification number provided by the system with
respect to the transfer.
‘‘(4)(A) If the licensee knowingly transfers a handgun
to a person and willfully fails to comply with paragraph
(1) with respect to the transfer and, at the time of the
transfer, the State instant criminal check system was op-
erating and information was available to the system dem-
onstrating that receipt of a handgun by the person would
violate section 922 (g) or (n), the Secretary may, after
notice and opportunity for a hearing, suspend for not more
than 12 months or revoke any license issued to the licensee
under this section, and may impose on the licensee a civil
fine of not more than $10,000.
‘‘(B) Any action by the Secretary under subpara-
graph (A) shall be subject to the procedures and remedies
provided in section 923 (e) and (f).
‘‘(5) A State employee responsible for providing infor-
mation through a State instant criminal check system
shall not be liable in an action at law for damages for
failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of a handgun is un-
lawful under this section.
‘‘(6) Notwithstanding any law, rule, or regulation of
a State or political subdivision of a State that requires
a waiting period prior to the receipt or sale of a handgun,
after a State instant criminal check system has been
placed in operation, a licensee may transfer, and a person
may receive, a handgun immediately upon notification of
the licensee pursuant to subparagraph (1)(A). No permit
or license shall be required by any State or political sub-
division of a State for such transfer or receipt.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking ‘‘(2) or (3)’’
and inserting ‘‘(2), (3), (4), or (5)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) A person who willfully violates section 922(s)
shall be fined not more than $2,000, imprisoned not more
than 1 year, or both.’’.
SEC. 6. ESTABLISHMENT AND OPERATION OF CRIMINAL
HISTORY SYSTEM.
(a) ESTABLISHMENT OF THE SYSTEM.—Each State
shall establish a system accessible by telephone, and may
establish other electronic means in addition to telephonic
communication, that any licensee, provider, law enforce-
ment officer, or court of law may contact for criminal his-
tory information. Information available to a licensee shall
be limited to information concerning a background check
crime or other information concerning whether receipt of
a handgun by a prospective transferee would violate sec-
tion 922 (g) or (n) of title 18, United States Code. Infor-
mation available to a provider shall be limited to a back-
ground check crime. Information available to law enforce-
ment officers and to courts of law shall include informa-
tion concerning any arrest or conviction for any crime.
(b) CONTINUOUS OPERATION.—Each State shall
take such steps as are necessary to ensure that the system
operates continuously and without closing, at all times and
days of each year for purposes of inquiries from law en-
forcement officers, licensees, and courts.
SEC. 7. OPERATION OF SYSTEM FOR PURPOSE OF SCREEN-
ING HANDGUN PURCHASERS.
(a) ACCURACY OF RESPONSES.—Each State shall
take such steps as are necessary to ensure that not more
than 2 percent of initial telephone responses of the system
contain erroneous determinations that receipt of a hand-
gun by a prospective handgun transferee would violate sec-
tion 922 (g) or (n) of title 18, United States Code.
(b) NOTIFICATION
OF LICENSEES.—On establish-
ment of a system under this section, each respective State
shall notify the Secretary of the Treasury, and the Sec-
retary shall notify each licensee of the existence and pur-