Directs the Attorney General to notify Congress annually as to whether the Attorney General has obtained such information from each agency. Provides for the furnishing of such information to NICS electronically. Directs the Commissioner of the Immigration and Naturalization Service to cooperate in providing information regarding all relevant records of persons disqualified from acquiring a firearm under Federal law, including illegal aliens, visitors to the United States on student visas and tourist visas, to the Attorney General for inclusion in NICS (INS-related information).
(Sec. 102) Makes a State eligible to receive a waiver of the ten percent matching requirement for National Criminal History Improvement Grants under the Crime Identification Technology Act of 1988 if the State provides at least 95 percent of the INS-related information. Limits the length of the waiver to five years.
Lists information that the State shall make available to the Attorney General relating to each person disqualified from acquiring a firearm. Limits the uses for which the information may be accessed. Requires the State to certify that at least 95 percent of the relevant identifying information has been provided to the Attorney General.
Includes among disqualified individuals a person who has been convicted in any court of a misdemeanor domestic violence crime.
States that for purposes of this title, an adjudication as a mental defective occurs when a court, board, commission, or other government entity determines that a person, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. Makes exceptions with respect to: (1) a person in a mental institution for observation or voluntarily committed to a mental institution; or (2) information protected by doctor-patient privilege.
Directs the Attorney General, for any information provided under NICS, to work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to NICS. Allows a State to designate records transmitted to be used only to determine eligibility to purchase or possess a firearm.
Directs the Attorney General to submit an annual report to the Senate and House Judiciary Committees on the progress of States in automating the databases and in providing information pursuant to Act requirements.
(Sec. 103) Requires the Attorney General to make grants to each State to establish or upgrade information and identification technologies for firearms eligibility determinations. Lists as permissible uses of grants: (1) building databases that are directly related to checks under NICS; (2) assisting States in establishing or enhancing their own capacities to perform NICS background checks; (3) improving final dispositions of criminal records; (4) supplying mental health records to NICS; and (5) supplying court-ordered domestic restraining orders and records of domestic violence misdemeanors for inclusion in NICS. Requires a State, as a condition of receiving a grant, to specify the projects for which grant amounts will be used and to use such amounts only as specified. Makes a State that violates this provision liable to the Attorney General for the full amount granted.
Prohibits the Federal Bureau of Investigation from charging a user fee for background checks pursuant to the Brady Act.
Title II: Focusing Federal Assistance on the Improvement of Relevant Records - Requires the Director of the Bureau of Justice Statistics to: (1) study and evaluate NICS operations, including compilations and analyses of the operations and record systems of the participating agencies and organizations; and (2) report to Congress on implementation and on best practices.
Title III: Grants to State Courts for the Improvement in Automation and Transmittal of Disposition Records - Directs the Attorney General to make grants to each State for use by the State's chief judicial officer to improve the handling of proceedings related to criminal history dispositions and restraining orders. Requires that amounts granted be used by such officer only as follows: (1) for FY 2004, to carry out assessments of the capabilities of the State courts for the automation and transmission to State and Federal record repositories of arrest and conviction records; and (2) for fiscal years after 2004, to implement policies, systems, and procedures for the automation and transmission to State and Federal record repositories of such records.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4757 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4757
To improve the national instant criminal background check system, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2002
Mrs. McCarthy of New York (for herself, Mr. Dingell, Mr. Kirk, Mr.
Conyers, Mr. Moran of Virginia, Mr. Gilman, Mrs. Tauscher, Mrs.
Morella, Mr. Andrews, Mrs. Roukema, Mr. Pascrell, Mr. Castle, Mr.
Capuano, Mr. Frank, Ms. Norton, Mr. Moore, Ms. Brown of Florida, Ms.
Woolsey, Mr. Blagojevich, Ms. Carson of Indiana, Ms. Schakowsky, Mr.
Langevin, Mr. Meehan, Mr. Nadler, Mrs. Lowey, Mr. Davis of Illinois,
Mr. Hoeffel, Ms. Rivers, Mr. Wexler, Mr. McGovern, Mr. Waxman, Mr.
Engel, Mr. Ford, Ms. Lofgren, Mr. Hastings of Florida, Mr. Israel, Mr.
Weiner, Ms. Roybal-Allard, Ms. Waters, Ms. Jackson-Lee of Texas, Mr.
Towns, Mr. Rush, Mr. Clay, Mr. Rothman, Ms. DeLauro, and Mr. Sherman)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To improve the national instant criminal background check system, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Our Lady of Peace Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1994, more than 689,000 individuals have been
denied a gun for failing a background check.
(2) States that fail to computerize their criminal and
mental illness records are the primary cause of delays for
background checks. Helping States automate their records will
reduce delays for law-abiding gun owners.
(3) 25 States have automated less than 60 percent of their
felony criminal conviction records.
(4) 33 States do not automate or share disqualifying mental
health records.
(5) In 13 States, domestic violence restraining orders are
not automated or accessible by the national instant criminal
background check system.
(6) In 15 States, no domestic violence misdemeanor records
are automated or accessible by the national instant criminal
background check system.
TITLE I--TRANSMITTAL OF RECORDS
SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND
AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL
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 ``may'' and inserting ``shall, not less
frequently than quarterly,'';
(2) by inserting ``electronically'' before ``furnish''; and
(3) by adding at the end the following: ``The head of each
such department or agency shall ascertain whether the
department or agency has any records on any person described in
any paragraph of section 922(g), title 18, United States Code,
and on being made aware that the department or agency of such a
record, shall transmit a copy of the record to the Attorney
General for inclusion in the system. The Attorney General shall
notify the Congress on a quarterly basis as to whether the
Attorney General has obtained from each such department or
agency the information required to be provided to the Attorney
General under this subsection.''.
(b) Immigration Records.--The Commissioner of the Immigration and
Naturalization Service shall immediately transmit all relevant records
of persons disqualified from acquiring a firearm under Federal law,
including but not limited to, illegal aliens, visitors to the United
States on student visas, and visitors to the United States on tourist
visas, to the Attorney General for inclusion in the national instant
criminal background check system.
SEC. 102. TRANSMITTAL OF STATE RECORDS TO THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
(a) In General.--A State that does not meet the requirements of
this section shall be subject to section 104.
(b) Requirements.--The requirements of this section are as follows:
(1) The State shall provide the name of and other relevant
identifying information relating to persons disqualified from
acquiring a firearm under Federal or State law to the Attorney
General for inclusion in the national instant criminal
background check system.
(2) Any information provided to the Attorney General under
paragraph (1) may be accessed only by personnel legally
entitled to access such system.
(3) The State shall certify to the Attorney General that at
least 95 percent of all information under paragraph (1) has
been provided to the Attorney General under paragraph (1).
SEC. 103. TRANSMITTAL OF STATE MENTAL HEALTH RECORDS TO THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--A State that does not meet the requirement of this
section shall be subject to section 104.
(b) Requirement.--The requirement of this section is that the State
shall provide the name of and other relevant identifying information
relating to persons adjudicated as mental defective or those committed
to mental institutions to the Attorney General for inclusion in the
national instant criminal background check system.
(c) Definition.--For purposes of subsection (b), an adjudication as
a mental defective occurs when a court, board, commission, or other
lawful authority determines that an individual is mentally retarded or
of marked subnormal intelligence, mentally ill, or mentally
incompetent, including--
(1) defendants in criminal cases adjudicated as not guilty
by reason of insanity, or found incompetent to stand trial;
(2) individuals found to be a danger to others as a result
of a mental disorder or illness;
(3) individuals involuntarily committed to a mental
institution by a court, board, commission, or other authority;
(4) individuals committed for reasons other than mental
defectiveness or mental illness; and
(5) individuals committed within the past 5 years to a
mental institution--
(A) for treatment of alcoholism; or
(B) as an unlawful user of, or person addicted to,
any controlled substance (as defined in section 102 of
the Controlled Substances Act), provided that such
unlawful use has occurred recently enough to indicate
that the individual is actively engaged in such
conduct.
(d) Exception.--This section does not apply to--
(1) a person--
(A) in a mental institution for observation; or
(B) voluntarily committed to a mental institution;
or
(2) information protected by doctor-patient privilege.
(e) Privacy Protections.--The Attorney General shall work with
State and local law enforcement and the mental health community to
establish protocols for protecting the privacy of information provided
in this section. Such protocols shall be in addition to any other
applicable laws for protecting the privacy of such information.
(e) Commencement of Transmittal.--Notwithstanding subsection (c),
the State shall begin to comply with subsection (b) not later than
January 1, 2005. If such compliance occurs before the establishment of
protocols under subsection (c), the Attorney General shall ensure that
any information provided under this section may be accessed only by
personnel authorized by law to access the national instant criminal
background check system.
SEC. 104. PENALTIES FOR NONCOMPLIANCE.
(a) Attorney General Report.--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 States in automating the
databases containing information under sections 102 and 103 and in
providing that information pursuant to the requirements of sections 102
and 103.
(b) Penalties.--
(1) After three years.--During the period beginning three
years after the date of the enactment of this Act and ending
five years after the date of the enactment of this Act, the
Attorney General may (but need not), for any State that fails
to provide under sections 102 and 103 at least 60 percent of
the information required to be provided under those sections,
decline to allocate to that State up to 5 percent of the
amounts that would otherwise be allocated to that State under
section 506 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3756).
(2) After five years.--After the expiration of the period
referred to in paragraph (1), the Attorney General shall, for
any State that fails to provide under sections 102 and 103 at
least 95 percent of the information required to be provided
under those sections, decline to allocate to that State 10
percent of the amounts that would otherwise be allocated to
that State under section 506 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3765).
(3) Waiver by attorney general.--The Attorney General may
waive the applicability of paragraph (2) to a State if that
State provides compelling evidence of its inability to meet the
requirements of sections 102 and 103.
(c) Reallocation.--Any funds that are not allocated for failure to
comply with the requirements of subsection (b) shall be reallocated to
States that meet such requirements.
SEC. 105. IMPLEMENTATION GRANTS TO STATES.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall make grants to each State, in a
manner consistent with the national criminal history improvement
program, which shall be used by the State, in conjunction with units of
local government and State and local courts, to establish or upgrade
information and identification technologies for firearms eligibility
determinations.
(b) Use of Grant Amounts.--Grants under this section may only be
awarded for the following purposes:
(1) Building databases that are directly related to checks
under the national instant criminal background check system
(NICS), including court disposition and corrections records.
(2) Assisting States in establishing or enhancing their own
capacities to perform NICS background checks.
(3) Improving final dispositions of criminal records.
(4) Supplying mental health records to NICS.
(5) Supplying domestic violence restraining orders and
temporary restraining orders for inclusion in NICS.
(c) 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 section shall be liable to the Attorney General for
the full amount granted.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2003, 2004, and 2005.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT
RECORDS
SEC. 201. CONTINUING EVALUATIONS.
(a) Evaluation Required.--The Director of the Bureau of Justice
Statistics shall study and evaluate the operations of the national
instant criminal background check system. Such study and evaluation
shall include, but not be limited to, compilations and analyses of the
operations and record systems of the agencies and organizations
participating in such system.
(b) Report on Grants.--Not later than January 31 of each year, the
Director shall submit to Congress a report on the implementation of
sections 102 and 103 of this Act.
(c) Report on Best Practices.--Not later than January 31 of each
year, the Director shall submit to Congress, and to each State
participating in the National Criminal History Improvement Program, a
report of the practices of the States regarding the collection,
maintenance, automation, and transmittal of identifying information
relating to individuals described in section 922(g) of title 18, United
States Code, by the State or any other agency, or any other records
relevant to the national instant criminal background check system, that
the Director considers to be best practices.
TITLE III--GRANTS TO STATE COURTS FOR THE IMPROVEMENT IN AUTOMATION AND
TRANSMITTAL OF DISPOSITION RECORDS
SEC. 301. GRANTS AUTHORIZED.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall make grants to each State for use
by the chief judicial officer of the State to improve the handling of
proceedings related to criminal history dispositions and temporary
restraining orders as they relate to disqualification from firearms
ownership under State and Federal laws.
(b) Use of Funds.--Amounts granted under this section shall be used
by the chief judicial officer only as follows:
(1) For fiscal year 2003, such amounts shall be used to
carry out assessments of the capabilities of the courts of the
State for the automation and transmission to State and Federal
record repositories the arrest and conviction records of such
courts to the extent relevant to disqualification from firearms
ownership under State and Federal laws.
(2) For fiscal years after 2003, such amounts shall be used
to implement policies, systems, and procedures for the
automation and transmission to State and Federal record
repositories the arrest and conviction records of such courts
to the extent relevant to disqualification from firearms
ownership under State and Federal laws.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$125,000,000 for each of fiscal years 2003, 2004, and 2005.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 2.
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-748.
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-748.
Placed on the Union Calendar, Calendar No. 469.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7910-7917)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4757.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7910-7912)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7910-7912)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.