HR 2640 RFS
required under such subparagraph shall be in-
eligible to receive any funds under section 103, 
until such date as it provides such estimate to 
the Attorney General. 
(C) RECORD DEFINED.—For purposes of 
subparagraph (A), a record is the following: 
(i) A record that identifies a person 
arrested for a crime that is punishable by 
imprisonment for a term exceeding one 
year, and for which a record of final dis-
position is available electronically or other-
wise. 
(ii) A record that identifies a person 
for whose arrest a warrant or process has 
been issued that is valid under the laws of 
the State involved, as of the date of the es-
timate. 
(iii) A record that identifies a person 
who is an unlawful user of or addicted to 
a controlled substance (as such terms ‘‘un-
lawful user’’ and ‘‘addicted’’ are respec-
tively defined in regulations implementing 
section 922(g)(3) of title 18, United States 
Code, as in effect on the date of the enact-
ment of this Act) and whose record is not
HR 2640 RFS
protected from disclosure to the Attorney 
General under any provision of State or 
Federal law. 
(iv) A record that identifies a person 
who has been adjudicated mentally defec-
tive or committed to a mental institution 
(as determined in regulations implementing 
section 922(g)(4) of title 18, United States 
Code, as in effect on the date of the enact-
ment of this Act) and whose record is not 
protected from disclosure to the Attorney 
General under any provision of State or 
Federal law. 
(v) A record that is electronically 
available and that identifies a person who, 
as of the date of such estimate, is subject 
to a court order described in section 
922(g)(8) of title 18, United States Code. 
(vi) A record that is electronically 
available and that identifies a person con-
victed in any court of a misdemeanor crime 
of domestic violence, as defined in section 
921(a)(33) of title 18, United States Code. 
(2) SCOPE.—The Attorney General, in deter-
mining the compliance of a State under this section
HR 2640 RFS
or section 104 of this Act for the purpose of grant-
ing a waiver or imposing a loss of Federal funds, 
shall assess the total percentage of records provided 
by the State concerning any event occurring within 
the prior 30 years, which would disqualify a person 
from possessing a firearm under subsection (g) or 
(n) of section 922 of title 18, United States Code. 
(3) CLARIFICATION.—Notwithstanding para-
graph (2), States shall endeavor to provide the Na-
tional Instant Criminal Background Check System 
with all records concerning persons who are prohib-
ited from possessing or receiving a firearm under 
subsection (g) or (n) of section 922 of title 18, 
United States Code, regardless of the elapsed time 
since the disqualifying event. 
(c) ELIGIBILITY OF STATE RECORDS FOR SUBMIS-
SION
TO
THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM.— 
(1) REQUIREMENTS FOR ELIGIBILITY.— 
(A) IN GENERAL.—From information col-
lected by a State, the State shall make elec-
tronically available to the Attorney General 
records relevant to a determination of whether 
a person is disqualified from possessing or re-
ceiving a firearm under subsection (g) or (n) of
HR 2640 RFS
section 922 of title 18, United States Code, or 
applicable State law. 
(B) NICS UPDATES.—The State, on being 
made aware that the basis under which a record 
was made available under subparagraph (A) 
does not apply, or no longer applies, shall, as 
soon as practicable— 
(i) update, correct, modify, or remove 
the record from any database that the 
Federal or State government maintains 
and makes available to the National In-
stant Criminal Background Check System, 
consistent with the rules pertaining to that 
database; or 
(ii) notify the Attorney General that 
such basis no longer applies so that the 
record system in which the record is main-
tained is kept up to date. 
(C) CERTIFICATION.—To remain eligible 
for a waiver under subsection (a), a State shall 
certify to the Attorney General, not less than 
once during each 2-year period, that at least 90 
percent of all information described in subpara-
graph (A) has been made electronically avail-
HR 2640 RFS
able to the Attorney General in accordance with 
subparagraph (A). 
(D) INCLUSION
OF
ALL
RECORDS.—For 
purposes of this paragraph, a State shall iden-
tify and include all of the records described 
under subparagraph (A) without regard to the 
age of the record. 
(2) APPLICATION TO PERSONS CONVICTED OF 
MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE.— 
The State shall make available to the Attorney Gen-
eral, for use by the National Instant Criminal Back-
ground Check System, records relevant to a deter-
mination of whether a person has been convicted in 
any court of a misdemeanor crime of domestic vio-
lence. With respect to records relating to such 
crimes, the State shall provide information specifi-
cally describing the offense and the specific section 
or subsection of the offense for which the defendant 
has been convicted and the relationship of the de-
fendant to the victim in each case. 
(3) APPLICATION TO PERSONS WHO HAVE BEEN 
ADJUDICATED AS A MENTAL DEFECTIVE OR COM-
MITTED
TO
A
MENTAL
INSTITUTION.—The State 
shall make available to the Attorney General, for use 
by the National Instant Criminal Background Check
HR 2640 RFS
System, the name and other relevant identifying in-
formation of persons adjudicated as mentally defec-
tive or those committed to mental institutions to as-
sist the Attorney General in enforcing section 
922(g)(4) of title 18, United States Code. 
(d) PRIVACY PROTECTIONS.—For any information 
provided to the Attorney General for use by the National 
Instant Criminal Background Check System, relating to 
persons prohibited from possessing or receiving a firearm 
under section 922(g)(4) of title 18, United States Code, 
the Attorney General shall work with States and local law 
enforcement and the mental health community to establish 
regulations and protocols for protecting the privacy of in-
formation provided to the system. The Attorney General 
shall make every effort to meet with any mental health 
group seeking to express its views concerning these regula-
tions and protocols and shall seek to develop regulations 
as expeditiously as practicable. 
(e) ATTORNEY GENERAL REPORT.—Not later than 
January 31 of each year, the Attorney General shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives a report on the progress of States in auto-
mating the databases containing the information described 
in subsection (b) and in making that information elec-
HR 2640 RFS
tronically available to the Attorney General pursuant to 
the requirements of subsection (c). 
SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—From amounts made avail-
able to carry out this section and subject to section 
102(b)(1)(B), the Attorney General shall make 
grants to States and Indian tribal governments, in 
a manner consistent with the National Criminal His-
tory Improvement Program, which shall be used by 
the States and Indian tribal governments, in con-
junction with units of local government and State 
and local courts, to establish or upgrade information 
and identification technologies for firearms eligibility 
determinations. 
(2) GRANTS TO INDIAN TRIBES.—Up to 5 per-
cent of the grant funding available under this sec-
tion may be reserved for Indian tribal governments, 
including tribal judicial systems. 
(b) USE OF GRANT AMOUNTS.—Grants awarded to 
States or Indian tribes under this section may only be 
used to— 
(1) create electronic systems, which provide ac-
curate and up-to-date information which is directly 
related to checks under the National Instant Crimi-
HR 2640 RFS
nal Background Check System (referred to in this 
section as ‘‘NICS’’), including court disposition and 
corrections records; 
(2) assist States in establishing or enhancing 
their own capacities to perform NICS background 
checks; 
(3) supply accurate and timely information to 
the Attorney General concerning final dispositions of 
criminal records to databases accessed by NICS; 
(4) supply accurate and timely information to 
the Attorney General concerning the identity of per-
sons who are prohibited from obtaining a firearm 
under section 922(g)(4) of title 18, United States 
Code, to be used by the Federal Bureau of Inves-
tigation solely to conduct NICS background checks; 
(5) supply accurate and timely court orders and 
records of misdemeanor crimes of domestic violence 
for inclusion in Federal and State law enforcement 
databases used to conduct NICS background checks; 
and 
(6) collect and analyze data needed to dem-
onstrate levels of State compliance with this Act. 
(c) ELIGIBILITY.—To be eligible for a grant under 
this section, a State shall certify, to the satisfaction of 
the Attorney General, that the State has implemented a
HR 2640 RFS
relief from disabilities program in accordance with section 
105. 
(d) CONDITION.—As a condition of receiving a grant 
under this section, a State shall specify the projects for 
which grant amounts will be used, and shall use such 
amounts only as specified. A State that violates this sub-
section shall be liable to the Attorney General for the full 
amount of the grant received under this section. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$250,000,000 for each of the fiscal years 2008 through 
2010. 
(f) USER FEE.—The Federal Bureau of Investigation 
shall not charge a user fee for background checks pursu-
ant to section 922(t) of title 18, United States Code. 
SEC. 104. PENALTIES FOR NONCOMPLIANCE. 
(a) ATTORNEY GENERAL REPORT.— 
(1) IN GENERAL.—Not later than January 31 
of each year, the Attorney General shall submit to 
the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives a report on the progress of the 
States in automating the databases containing infor-
mation described under sections 102 and 103, and
HR 2640 RFS
in providing that information pursuant to the re-
quirements of sections 102 and 103. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the De-
partment of Justice, such funds as may be necessary 
to carry out paragraph (1). 
(b) PENALTIES.— 
(1) DISCRETIONARY REDUCTION.—During the 
2-year period beginning 3 years after the date of en-
actment of this Act, the Attorney General may with-
hold not more than 3 percent of the amount that 
would otherwise be allocated to a State under sec-
tion 506 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756) if the State 
provides less than 60 percent of the information re-
quired to be provided under sections 102 and 103. 
(2) MANDATORY REDUCTION.—After the expi-
ration of the period referred to in paragraph (1), the 
Attorney General shall withhold 5 percent of the 
amount that would otherwise be allocated to a State 
under section 506 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756), if 
the State provides less than 90 percent of the infor-
mation required to be provided under sections 102 
and 103.
HR 2640 RFS
(3) WAIVER BY ATTORNEY GENERAL.—The At-
torney General may waive the applicability of para-
graph (2) to a State if the State provides substantial 
evidence, as determined by the Attorney General, 
that the State is making a reasonable effort to com-
ply with the requirements of sections 102 and 103. 
(c) REALLOCATION.—Any funds that are not allo-
cated to a State because of the failure of the State to com-
ply with the requirements of this title shall be reallocated 
to States that meet such requirements. 
SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED 
AS 
CONDITION 
FOR 
PARTICIPATION 
IN 
GRANT PROGRAMS. 
(a) PROGRAM DESCRIBED.—A relief from disabilities 
program is implemented by a State in accordance with this 
section if the program— 
(1) permits a person who, pursuant to State 
law, has been adjudicated as described in subsection 
(g)(4) of section 922 of title 18, United States Code, 
or has been committed to a mental institution, to 
apply to the State for relief from the disabilities im-
posed by subsections (d)(4) and (g)(4) of such sec-
tion by reason of the adjudication or commitment; 
(2) provides that a State court, board, commis-
sion, or other lawful authority shall grant the relief,
HR 2640 RFS
pursuant to State law and in accordance with the 
principles of due process, if the circumstances re-
garding the disabilities referred to in paragraph (1), 
and the person’s record and reputation, are such 
that the person will not be likely to act in a manner 
dangerous to public safety and that the granting of 
the relief would not be contrary to the public inter-
est; and 
(3) permits a person whose application for the 
relief is denied to file a petition with the State court 
of appropriate jurisdiction for a de novo judicial re-
view of the denial. 
(b) AUTHORITY TO PROVIDE RELIEF FROM CER-
TAIN DISABILITIES WITH RESPECT TO FIREARMS.—If, 
under a State relief from disabilities program implemented 
in accordance with this section, an application for relief 
referred to in subsection (a)(1) of this section is granted 
with respect to an adjudication or a commitment to a men-
tal institution, the adjudication or commitment, as the 
case may be, is deemed not to have occurred for purposes 
of subsections (d)(4) and (g)(4) of section 922 of title 18, 
United States Code.