pose of the system and the telephone number and other
electronic means that may be used to contact the system.
(c) OPERATION OF THE SYSTEM.—
(1) REQUIREMENTS FOR PROVISION OF INFOR-
MATION.—The system established under this section
shall not provide information to any person who
places a telephone call to the system with respect to
a person unless—
(A) the system verifies that the caller is a
licensee; and
(B) the licensee—
(i) states that a person seeks to pur-
chase a handgun from the licensee; and
(ii) provides the name, birth date, and
social security number (or if the transferee
does not have a social security number,
other identifying information about the
proposed transferee as required to make a
valid identification).
(2) INFORMATION TO BE PROVIDED.—
(A) IN GENERAL.—If the system receives a
telephone call with respect to the transfer of a
handgun to a person and the requirements of
paragraph (1) are met, the system shall, in ac-
cordance with subparagraph (B)—
(i) if the receipt of a handgun by the
person would violate section 922 (g) or (n)
of title 18, United States Code, inform the
licensee that the transfer is disapproved;
and
(ii) if such a receipt would not violate
section 922 (g) or (h) of title 18, United
States Code—
(I) assign a unique identification
number to the transfer;
(II) provide the licensee with the
number; and
(III) destroy all records of the
system with respect to the call (other
than the identifying number and the
date the number was assigned) and all
records of the system relating to the
person or the transfer.
(B) TIMING.—
(i) PROMPT RESPONSE REQUIRED.—
The system shall make every effort to pro-
vide to the caller the information required
by subparagraph (A) immediately or by re-
turn telephone call without delay.
(ii) RULES GOVERNING DELAYED RE-
SPONSES.—If the system is unable to re-
spond immediately to the inquiry due to
circumstances beyond the control of the
system, the system shall—
(I) advise the caller that the re-
sponse of the system will be delayed
and state the reasons for the delay
and the estimated length of the delay;
and
(II) make every effort to provide
the information required by subpara-
graph (A) within 8 hours after the li-
censee first contacted the system with
respect to the transfer.
(d) CORRECTION OF ERRONEOUS SYSTEM.—
(1) ADMINISTRATIVE PROCEDURES.—If the sys-
tem established under this section informs a licensee
that receipt of a handgun by a person would violate
section 922 (g) or (n) of title 18, United States
Code, the person may request the system to provide
him or her in writing with a detailed explanation of
the reasons therefore. Within 5 days after receipt of
such a request, the system shall comply with the re-
quest. The requestor may submit to the system in-
formation to correct, clarify, or supplement records
of the system with respect to the requestor. Within
5 days after receipt of such information, the system
shall consider such information, investigate the mat-
ter further, and correct all erroneous records relat-
ing to the requestor and notify any department or
agency of the United States or of any State or polit-
ical subdivision of a State that was the source of the
erroneous records or such errors.
(2) PRIVATE CAUSE OF ACTION.—After all ad-
ministrative remedies are exhausted and such
records are not corrected, a person disapproved for
the purchase or receipt of a handgun because the
system established under this section provided erro-
neous information relating to the person may bring
an action in any court of competent jurisdiction
against the United States, or any State or political
subdivision of a State that is the source of the erro-
neous information, for damages (including con-
sequential damages), injunctive relief, mandamus,
and such other relief as the court may deem appro-
priate. If the person prevails in the action, the court
shall allow the person a reasonable attorney’s fee as
part of the costs.
SEC. 8. REPORTING OF CHILD ABUSE INFORMATION.
(a) IN GENERAL.—An authorized agency of a State
shall report child abuse crime information to the Federal
criminal background check system.
(b) PROVISION
OF STATE CHILD ABUSE CRIME
RECORDS
TO
THE FEDERAL CRIMINAL BACKGROUND
CHECK SYSTEM.— Not later than 180 days after the date
of enactment of this Act, the Attorney General shall—
(1) investigate the criminal records of each
State and determine for each State a timetable by
which the State should be able to provide child
abuse crime records on an online capacity basis to
the Federal criminal background check system;
(2) establish guidelines for the reporting of
child abuse crime information, including guidelines
relating to the format, content, and accuracy of child
abuse crime information and other procedures for
carrying out this Act; and
(3) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(c) EXCHANGE
OF INFORMATION.—An authorized
agency of a State shall maintain close liaison with the Na-
tional Center on Child Abuse and Neglect, the National
Center for Missing and Exploited Children, and the Na-
tional Center for the Prosecution of Child Abuse for the
exchange of information and technical assistance in cases
of child abuse.
(d) ANNUAL SUMMARY.—The Attorney General shall
publish an annual statistical summary of the child abuse
crime information reported under this Act. The annual
statistical summary shall not contain any information that
may reveal the identity of any particular victim of a crime.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in
reporting child abuse crime information to the Federal
criminal background check system.
(f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not
later than 180 days after the date of enactment of this
Act, the Administrator of the Office of Juvenile Justice
and Delinquency Prevention shall begin a study based on
a statistically significant sample of convicted child abuse
offenders and other relevant information to determine—
(A) the percentage of convicted child abuse of-
fenders who have more than 1 conviction for an of-
fense involving child abuse;
(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense in-
volving child abuse in more than 1 State;
(C) whether there are crimes or classes of
crimes, in addition to those defined as background
check crimes, that are indicative of a potential to
abuse children; and
(D) the extent to which and the manner in
which instances of child abuse form a basis for con-
victions for crimes other than child abuse crimes.
(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives
containing a description of and a summary of the results
of the study conducted pursuant to paragraph (1).
SEC. 9. BACKGROUND CHECKS FOR CHILD CARE PROVID-
ERS.
(a) IN GENERAL.—
(1) PROCEDURES FOR MAKING REQUEST FOR
BACKGROUND CHECK.—A State may have in effect
procedures (established by or under State statute or
regulation) to permit a qualified entity to contact an
authorized agency of the State to request a nation-
wide background check for the purpose of determin-
ing whether a provider is under indictment for, or
has been convicted of, a background check crime.
(2) ACCESS
THROUGH
NATIONAL
CRIMINAL
BACKGROUND
CHECK
SYSTEM.—The 
authorized
agency shall access and review State and Federal
records of background check crimes through the na-
tional criminal background check system and other
criminal justice record keeping systems and shall re-
spond promptly to the inquiry.
(b) GUIDELINES.—
(1) IN GENERAL.—The Attorney General shall
establish guidelines for State background check pro-
cedures established under subsection (a), including
procedures for carrying out the purposes of this Act.
(2) REQUIREMENTS.—The guidelines estab-
lished under paragraph (1) shall require—
(A) that no qualified entity may request a
background check of a provider under sub-
section (a) unless the provider first completes
and signs a statement that—
(i) contains the name, address, date of
birth, and social security number of the
provider;
(ii) the provider is not under indict-
ment for, and has not been convicted of, a
background check crime and, if the pro-
vider is under indictment for or has been
convicted of a background check crime,
contains a description of the crime and the
particulars of the indictment or conviction;
(iii) notifies the provider that the en-
tity may request a background check under
subsection (a);
(iv) notifies the provider of the provid-
er’s rights under subparagraph (B); and
(v) notifies the provider that prior to
the receipt of the background check the
qualified entity may deny the provider em-
ployment;
(B) that each State establish procedures
under which a provider who is the subject of a
background check under subsection (a) is enti-
tled—
(i) to obtain a copy of any background
check report; and
(ii) to challenge the accuracy and
completeness of any information contained
in any such report;
(C) that an authorized agency to which a
qualified entity has provided notice pursuant to
subsection (a) make reasonable efforts to review
available criminal history records and respond
to the qualified entity;
(D) that the response of an authorized
agency to an inquiry pursuant to subsection (a)
inform the qualified entity that the background
check pursuant to this section—
(i) may not reflect all indictments or
convictions for a background check crime;
(ii) is not certain to include arrest in-
formation; and
(iii) should not be the sole basis for
determining the fitness of a provider;
(E) that the response of an authorized
agency to an inquiry pursuant to subsection
(a)—
(i) state whether the background
check information set forth in the identi-
fication document required under subpara-
graph (A) is complete and accurate; and
(ii) be limited to the information rea-
sonably required to accomplish the pur-
poses of this Act;
(F) that no qualified entity may take ac-
tion adverse to a provider, except that the
qualified entity may choose to deny the provider
employment on the basis of a background check
under subsection (a) until the provider has ob-
tained a determination as to the validity of any
challenge under subparagraph (B) or waived
the right to make such challenge;
(G) that each State establish procedures to
ensure that any background check under sub-
section (a) and the results thereof shall be re-
quested by and provided only to—
(i) qualified entities identified by
States;
(ii) authorized representatives of a
qualified entity who have a need to know
such information;
(iii) the providers;
(iv) law enforcement authorities; or
(v) pursuant to the direction of a
court of law;
(H) that background check information
conveyed to a qualified entity pursuant to sub-
section (a) shall not be conveyed to any person
except as provided under subparagraph (G);
and
(I) that an authorized agency, State em-
ployee or a political subdivision of a State or
employee thereof responsible for providing in-
formation to the Federal criminal background
check system shall not be liable in an action at
law for damages for failure to prevent a quali-
fied entity from taking action adverse to a pro-
vider on the basis of a background check.
(c) EQUIVALENT PROCEDURES.—
(1) 
CERTIFICATION.—Notwithstanding 
any-
thing to the contrary in this Act, the Attorney Gen-
eral may certify that a State licensing or certifi-
cation procedure that differs from the procedures
described in subsections (a) and (b) shall be deemed
to be the equivalent of such procedures for purposes
of this Act, but the procedures described in sub-
sections (a) and (b) shall continue to apply to those
qualified entities, providers, and background check
crimes that are not governed by or included within
the State licensing or certification procedure.
(2) CRITERIA.—The Attorney General shall by
regulation establish criteria for certifications under
this subsection. Such criteria shall include a finding
by the Attorney General that the State licensing or
certification procedure accomplishes the purposes of
this Act and incorporates a nationwide review of
State and Federal records of background check of-
fenses through the Federal criminal background
check system.
(d) RECORDS EXCHANGE.—The Attorney General
may exchange Federal Bureau of Investigation identifica-
tion records with authorized agencies for purposes of back-
ground checks under subsection (a) and may by regulation
authorize further dissemination of such records by author-
ized agencies for such purposes.
(e) TECHNOLOGY.—The Attorney General shall, to
the maximum extent possible, encourage the use of the
best technology available in conducting background
checks.
SEC. 10. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
(a) EXPEDITED ACTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the incorporation of the remaining State
criminal history records into the Federal criminal
records systems maintained by the Federal Bureau
of Investigation; and
(2) the development of hardware and software
systems to link State criminal history check systems
into the National Crime Information Center.
SEC. 11. ACCESS TO STATE CRIMINAL RECORDS.
(a) MEANS OF COMMUNICATION.—Not later than 60
days after the date of enactment of this Act the Attorney
General shall—
(1) determine the type of computer hardware
and software that shall be used to operate the Fed-
eral criminal records system and the means by which
State criminal records system shall communicate
with the Federal system;
(2) investigate the criminal records system of
each State and determine for each State the extent
of such accessible criminal records that each State
shall be able to provide thereafter to the Federal
system by the effective date of section 922(s) of title
18, United States Code, as added by section 5; and
(3) notify each State of the determination made
pursuant to paragraphs (1) and (2).
(b) FEDERAL SYSTEM.—Not later than the effective
date of section 922(s) of title 18, United States Code, as
added by section 5, the Attorney General shall provide to
each State access to the Federal Crime Information Cen-
ter, including the records of other States through a net-
work, for the purpose of permitting the State to conduct
instant criminal background checks required by that
section.
SEC. 12. IMPROVEMENTS IN STATE RECORDS.
(a) IN GENERAL.—Section 509(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3759(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
paragraphs (1), (2), and (3) and the records re-
quired by this Act with the Attorney General for the
purpose of implementing this Act.’’.
(b) ADDITIONAL FUNDING.—Section 509 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by adding at the end the
following new subsection:
‘‘(e) In addition to other funds authorized in this Act,
there are authorized to be appropriated for fiscal year
1994, to be available until expended, $21,000,000 for the
purpose of implementing subsection (b)(4).’’.
(c) WITHHOLDING FUNDS.—
(1) Effective on the effective date of section
922(s) of title 18, United States Code, as added by
section 5, the Attorney General may refuse to make
grants under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to a State that does
not establish and operate a State criminal back-
ground check system in compliance with subsection
(b)(1)(A) of this section and section 922(s) of title
18, United States Code. No State that receives
funds pursuant to the Federal Criminal Records
Identification Act of 1993 may charge more than $3
per transaction to check for the existence of a felony
record of a prospective purchaser of a handgun.
(2) Effective 1 year after the date of enactment
of this Act, the Attorney General may reduce by up
to 10 percent the allocation to a State for a fiscal
year under title I of the Omnibus Crime Control and
Safe Streets Act of 1968 of a State that is not in
compliance with this Act, and the portion of the
amounts that are appropriated for allocation to the
States under that title for that fiscal year that is
equal to the amount of the reduction shall thereby
be rescinded.
SEC. 13. FUNDING OF STATE CRIMINAL RECORDS SYSTEMS
AND DEDICATION OF FUNDS.
(a) INCREASE IN SPECIAL ASSESSMENTS.—Section
3013(a) of title 18, United States Code, is amended—
(1) in paragraph (1)(A)(iii) by striking ‘‘$25’’
and inserting ‘‘$30’’;
(2) in paragraph (2)(A) by striking ‘‘$50’’ and
inserting ‘‘$75’’; and
(3) in paragraph (2)(B) by striking ‘‘$200’’ and
inserting ‘‘$250’’.
(b) SYSTEMS FOR SCREENING CHILD CARE PROVID-
ERS AND HANDGUN PURCHASERS AND FOR CRIMINAL
JUSTICE PURPOSES.—Notwithstanding any other law, $5
of each assessment collected under section 3013
(a)(1)(A)(iii) of title 18, United States Code, $25 of each
assessment collected under subsection (a)(2)(A) of that
section, and $50 of each assessment collected under sub-
section (a)(2)(B) of that section shall be paid to the
States, in proportion to the respective populations thereof,
for the purposes of carrying out the Federal Criminal
Records Identification Act of 1993.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this Act.
(b) LIMITATION ON USE.—No appropriation, grant,
or fund authorized under this Act shall be used for any
purpose other than the creation, maintenance, and oper-
ation of systems for access to criminal history records and
screening systems for handgun purchasers and child care
providers as provided in this Act.
Æ
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