[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Enrolled Bill (ENR)]
H.R.2640
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
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,

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(a) Short Tile.--This Act may be cited as the ``NICS Improvement
Amendments Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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agencies provide relevant information to the National Instant
Criminal Background Check System.

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TITLE I

-TRANSMITTAL OF RECORDS

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408d2e9270273051bb20f7c0e344472910990595c15e26a82caf288208a8b5eb

AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

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TITLE II

-FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT

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TITLE III

-GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN

Congress finds the following:
(1) Approximately 916,000 individuals were prohibited from
purchasing a firearm for failing a background check between
November 30, 1998, (the date the National Instant Criminal
Background Check System (NICS) began operating) and December 31,
2004.
(2) From November 30, 1998, through December 31, 2004, nearly
49,000,000 Brady background checks were processed through NICS.
(3) Although most Brady background checks are processed through
NICS in seconds, many background checks are delayed if the Federal
Bureau of Investigation (FBI) does not have automated access to
complete information from the States concerning persons prohibited
from possessing or receiving a firearm under Federal or State law.
(4) Nearly 21,000,000 criminal records are not accessible by
NICS and millions of criminal records are missing critical data,
such as arrest dispositions, due to data backlogs.
(5) The primary cause of delay in NICS background checks is the
lack of--
(A) updates and available State criminal disposition
records; and
(B) automated access to information concerning persons
prohibited from possessing or receiving a firearm because of
mental illness, restraining orders, or misdemeanor convictions
for domestic violence.
(6) Automated access to this information can be improved by--
(A) computerizing information relating to criminal history,
criminal dispositions, mental illness, restraining orders, and
misdemeanor convictions for domestic violence; or
(B) making such information available to NICS in a usable
format.
(7) Helping States to automate these records will reduce delays
for law-abiding gun purchasers.
(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
information-sharing that would enable Federal and State law
enforcement agencies to conduct a complete background check on a
potential firearm purchaser. 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.
(9) On April 16, 2007, a student with a history of mental
illness at the Virginia Polytechnic Institute and State University
shot to death 32 students and faculty members, wounded 17 more, and
then took his own life. The shooting, the deadliest campus shooting
in United States history, renewed the need to improve information-
sharing that would enable Federal and State law enforcement
agencies to conduct complete background checks on potential
firearms purchasers. In spite of a proven history of mental
illness, the shooter was able to purchase the two firearms used in
the shooting. Improved coordination between State and Federal
authorities could have ensured that the shooter's disqualifying
mental health information was available to NICS.

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TITLE IV

-GAO AUDIT

As used in this Act, the following definitions shall apply:
(1) Court order.--The term ``court order'' includes a court
order (as described in section 922(g)(8) of title 18, United States
Code).
(2) Mental health terms.--The terms ``adjudicated as a mental
defective'' and ``committed to a mental institution'' have the same
meanings as in section 922(g)(4) of title 18, United States Code.
(3) Misdemeanor crime of domestic violence.--The term
``misdemeanor crime of domestic violence'' has the meaning given
the term in section 921(a)(33) of title 18, United States Code.

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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 ``Notwithstanding'' and inserting 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 information described under
subparagraph (A)''; and
(4) by adding at the end the following:
``(C) Quarterly submission to attorney general.--If a
Federal department or agency under subparagraph (A) has any
record of any person demonstrating that the person falls within
one of the categories described in subsection (g) or (n) of
section 922 of title 18, United States Code, the head of such
department or agency shall, not less frequently than quarterly,
provide the pertinent information contained in such record to
the Attorney General.
``(D) Information updates.--The Federal department or
agency, 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--
``(i) update, correct, modify, or remove 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; and
``(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.
The Attorney General upon receiving notice pursuant to clause
(ii) shall ensure that the record in the National Instant
Criminal Background Check System is updated, corrected,
modified, or removed within 30 days of receipt.
``(E) Annual report.--The Attorney General shall submit an
annual report to Congress that describes the compliance of each
department 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 quarterly, 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 paragraph who have changed their
status to a category 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--
(A) ensure that any information submitted to, or maintained
by, the Attorney General under this section is kept accurate
and confidential, as required by the laws, regulations,
policies, or procedures governing the applicable record system;
(B) provide for the timely removal and destruction of
obsolete and erroneous names and information from the National
Instant Criminal Background Check System; and
(C) work with States to encourage the development of
computer systems, which would permit electronic notification to
the Attorney General when--
(i) a court order has been issued, lifted, or otherwise
removed by order of the court; or
(ii) a person has been adjudicated as a mental
defective or committed to a mental institution.
(c) Standard for Adjudications and Commitments Related to Mental
Health.--
(1) In general.--No department or agency of the Federal
Government may provide to the Attorney General any record of an
adjudication related to the mental health of a person or any
commitment of a person to a mental institution if--
(A) the adjudication or commitment, respectively, has been
set aside or expunged, or the person has otherwise been fully
released or discharged from all mandatory treatment,
supervision, or monitoring;
(B) the person has been found by a court, board,
commission, or other lawful authority to no longer suffer from
the mental health condition that was the basis of the
adjudication or commitment, respectively, or has otherwise been
found to be rehabilitated through any procedure available under
law; or
(C) the adjudication or commitment, respectively, is based
solely on a medical finding of disability, without an
opportunity for a hearing by a court, board, commission, or
other lawful authority, and the person has not been adjudicated
as a mental defective consistent with section 922(g)(4) of
title 18, United States Code, except that nothing in this
section or any other provision of law shall prevent a Federal
department or agency from providing to the Attorney General any
record demonstrating that a person was adjudicated to be not
guilty by reason of insanity, or based on lack of mental
responsibility, or found incompetent to stand trial, in any
criminal case or under the Uniform Code of Military Justice.
(2) Treatment of certain adjudications and commitments.--
(A) Program for relief from disabilities.--
(i) In general.--Each department or agency of the
United States that makes any adjudication related to the
mental health of a person or imposes any commitment to a
mental institution, as described in subsection (d)(4) and
(g)(4) of section 922 of title 18, United States Code,
shall establish, not later than 120 days after the date of
enactment of this Act, a program that permits such a person
to apply for relief from the disabilities imposed by such
subsections.
(ii) Process.--Each application for relief submitted
under the program required by this subparagraph shall be
processed not later than 365 days after the receipt of the
application. If a Federal department or agency fails to
resolve an application for relief within 365 days for any
reason, including a lack of appropriated funds, the
department or agency shall be deemed for all purposes to
have denied such request for relief without cause. Judicial
review of any petitions brought under this clause shall be
de novo.
(iii) Judicial review.--Relief and judicial review with
respect to the program required by this subparagraph shall
be available according to the standards prescribed in
section 925(c) of title 18, United States Code. If the
denial of a petition for relief has been reversed after
such judicial review, the court shall award the prevailing
party, other than the United States, a reasonable
attorney's fee for any and all proceedings in relation to
attaining such relief, and the United States shall be
liable for such fee. Such fee shall be based upon the
prevailing rates awarded to public interest legal aid
organizations in the relevant community.
(B) Relief from disabilities.--In the case of an
adjudication related to the mental health of a person or a
commitment of a person to a mental institution, a record of
which may not be provided to the Attorney General under
paragraph (1), including because of the absence of a finding
described in subparagraph (C) of such paragraph, or from which
a person has been granted relief under a program established
under subparagraph (A) or (B), or because of a removal of a
record under section 103(e)(1)(D) of the Brady Handgun Violence
Prevention Act, the adjudication or commitment, respectively,
shall be deemed not to have occurred for purposes of
subsections (d)(4) and (g)(4) of section 922 of title 18,
United States Code. Any Federal agency that grants a person
relief from disabilities under this subparagraph shall notify
such person that the person is no longer prohibited under
922(d)(4) or 922(g)(4) of title 18, United States Code, on
account of the relieved disability for which relief was granted
pursuant to a proceeding conducted under this subparagraph,
with respect to the acquisition, receipt, transfer, shipment,
transportation, or possession of firearms.
(3) Notice requirement.--Effective 30 days after the date of
enactment of this Act, any Federal department or agency that
conducts proceedings to adjudicate a person as a mental defective
under 922(d)(4) or 922(g)(4) of title 18, United States Code, shall
provide both oral and written notice to the individual at the
commencement of the adjudication process including--
(A) notice that should the agency adjudicate the person as
a mental defective, or should the person be committed to a
mental institution, such adjudication, when final, or such
commitment, will prohibit the individual from purchasing,
possessing, receiving, shipping or transporting a firearm or
ammunition under section 922(d)(4) or section 922(g)(4) of
title 18, United States Code;
(B) information about the penalties imposed for unlawful
possession, receipt, shipment or transportation of a firearm
under section 924(a)(2) of title 18, United States Code; and
(C) information about the availability of relief from the
disabilities imposed by Federal laws with respect to the
acquisition, receipt, transfer, shipment, transportation, or
possession of firearms.
(4) Effective date.--Except for paragraph (3), this subsection
shall apply to names and other information provided before, on, or
after the date of enactment of this Act. Any name or information
provided in violation of this subsection (other than in violation
of paragraph (3)) before, on, or after such date shall be removed
from the National Instant Criminal Background Check System.

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(a) In General.--Beginning 3 years after the date of the enactment
of this Act, a State shall be eligible to receive a waiver of the 10
percent matching requirement for National Criminal History Improvement
Grants under the Crime Identification Technology Act of 1988 (42 U.S.C.
14601) if the State provides at least 90 percent of the information
described in subsection (c). The length of such a waiver shall not
exceed 2 years.
(b) State Estimates.--
(1) Initial state estimate.--
(A) In general.--To assist the Attorney General in making a
determination under subsection (a) of this section, and under
section 104, concerning the compliance of the States in
providing information to the Attorney General for the purpose
of receiving a waiver under subsection (a) of this section, or
facing a loss of funds under section 104, by a date not later
than 180 days after the date of the enactment of this Act, each
State shall provide the Attorney General with a reasonable
estimate, as calculated by a method determined by the Attorney
General and in accordance with section 104(d), of the number of
the records described in subparagraph (C) applicable to such
State that concern persons who are prohibited from possessing
or receiving a firearm under subsection (g) or (n) of section
922 of title 18, United States Code.
(B) Failure to provide initial estimate.--A State that
fails to provide an estimate described in subparagraph (A) by
the date required under such subparagraph shall be ineligible
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 who has been
convicted in any court of a crime punishable by
imprisonment for a term exceeding 1 year.
(ii) A record that identifies a person for whom an
indictment has been returned for a crime punishable by
imprisonment for a term exceeding 1 year that is valid
under the laws of the State involved or who is a fugitive
from justice, as of the date of the estimate, and for which
a record of final disposition is not available.
(iii) A record that identifies a person who is an
unlawful user of, or addicted to a controlled substance (as
such terms ``unlawful user'' and ``addicted'' are
respectively defined in regulations implementing section
922(g)(3) of title 18, United States Code, as in effect on
the date of the enactment of this Act) as demonstrated by
arrests, convictions, and adjudications, and whose record
is not 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 as a mental defective or committed to a mental
institution, consistent with section 922(g)(4) of title 18,
United States Code, 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 convicted 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 determining the compliance
of a State under this section or section 104 for the purpose of
granting 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 20 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 paragraph (2), States shall
endeavor to provide the National Instant Criminal Background Check
System with all records concerning persons who are prohibited 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 Submission to the National
Instant Criminal Background Check System.--
(1) Requirements for eligibility.--
(A) In general.--From the information collected by a State,
the State shall make electronically available to the Attorney
General records 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, 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 Instant Criminal
Background Check System, consistent with the rules
pertaining to that database; and
(ii) notify the Attorney General that such basis no
longer applies so that the record system in which the
record is maintained is kept up to date.
The Attorney General upon receiving notice pursuant to clause
(ii) shall ensure that the record in the National Instant
Criminal Background Check System is updated, corrected,
modified, or removed within 30 days of receipt.
(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 records described in subparagraph (A) has been
made electronically available to the Attorney General in
accordance with subparagraph (A).
(D) Inclusion of all records.--For purposes of this
paragraph, a State shall identify 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
General, for use by the National Instant Criminal Background Check
System, records relevant to a determination of whether a person has
been convicted in any court of a misdemeanor crime of domestic
violence. With respect to records relating to such crimes, the
State shall provide information specifically describing the offense
and the specific section or subsection of the offense for which the
defendant has been convicted and the relationship of the defendant
to the victim in each case.
(3) Application to persons who have been adjudicated as a
mental defective or committed to a mental institution.--The State
shall make available to the Attorney General, for use by the
National Instant Criminal Background Check System, the name and
other relevant identifying information of persons adjudicated as a
mental defective or those committed to mental institutions to
assist 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 information 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
regulations 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 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 the information described in subsection (b) and in
making that information electronically available to the Attorney
General pursuant to the requirements of subsection (c).

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(a) Authorization.--
(1) In general.--From amounts made available 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 History Improvement
Program, which shall be used by the States and Indian tribal
governments, in conjunction with units of local government and
State and local courts, to establish or upgrade information and
identification technologies for firearms eligibility
determinations. Not less than 3 percent, and no more than 10
percent of each grant under this paragraph shall be used to
maintain the relief from disabilities program in accordance with
section 105.
(2) Grants to indian tribes.--Up to 5 percent of the grant
funding available under this section 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 accurate and up-
to-date information which is directly related to checks under the
National Instant Criminal 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 persons 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 Investigation
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;
(6) collect and analyze data needed to demonstrate levels of
State compliance with this Act; and
(7) maintain the relief from disabilities program in accordance
with section 105, but not less than 3 percent, and no more than 10
percent of each grant shall be used for this purpose.
(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 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 subsection shall be liable to the Attorney General
for the full amount of the grant received under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $125,000,000 for fiscal year 2009,
$250,000,000 for fiscal year 2010, $250,000,000 for fiscal year
2011, $125,000,000 for fiscal year 2012, and $125,000,000 for
fiscal year 2013.
(2) Allocations.--For fiscal years 2009 and 2010, the Attorney
General shall endeavor to allocate at least \1/2\ of the authorized
appropriations to those States providing more than 50 percent of
the records required to be provided under sections 102 and 103. For
fiscal years 2011, 2012, and 2013, the Attorney General shall
endeavor to allocate at least \1/2\ of the authorized
appropriations to those States providing more than 70 percent of
the records required to be provided under section 102 and 103. The
allocations in this paragraph shall be subject to the discretion of
the Attorney General, who shall have the authority to make
adjustments to the distribution of the authorized appropriations as
necessary to maximize incentives for State compliance.
(f) User Fee.--The Federal Bureau of Investigation shall not charge
a user fee for background checks pursuant to section 922(t) of title
18, United States Code.

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(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 information described under
sections 102 and 103, and in providing that information pursuant to
the requirements of sections 102 and 103.
(2) Authorization of appropriations.--There are authorized to
be appropriated to the Department of Justice, such funds as may be
necessary to carry out paragraph (1).
(b) Penalties.--
(1) Discretionary reduction.--
(A) During the 2-year period beginning 3 years after the
date of enactment of this Act, the Attorney General may
withhold not more than 3 percent of the amount that would
otherwise be allocated to a State under section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3755) if the State provides less than 50 percent of the records
required to be provided under sections 102 and 103.
(B) During the 5-year period after the expiration of the
period referred to in subparagraph (A), the Attorney General
may withhold not more than 4 percent of the amount that would
otherwise be allocated to a State under section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3755) if the State provides less than 70 percent of the records
required to be provided under sections 102 and 103.
(2) Mandatory reduction.--After the expiration of the periods
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 505 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3755), if the State provides less than 90
percent of the records required to be provided under sections 102
and 103.
(3) Waiver by attorney general.--The Attorney General may waive
the applicability of paragraph (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 comply with the
requirements of sections 102 and 103, including an inability to
comply due to court order or other legal restriction.
(c) Reallocation.--Any funds that are not allocated to a State
because of the failure of the State to comply with the requirements of
this Act shall be reallocated to States that meet such requirements.
(d) Methodology.--The method established to calculate the number of
records to be reported, as set forth in section 102(b)(1)(A), and State
compliance with the required level of reporting under sections 102 and
103 shall be determined by the Attorney General. The Attorney General
shall calculate the methodology based on the total number of records to
be reported from all subcategories of records, as described in section
102(b)(1)(C).

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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
imposed by subsections (d)(4) and (g)(4) of such section by reason
of the adjudication or commitment;
(2) provides that a State court, board, commission, or other
lawful authority shall grant the relief, pursuant to State law and
in accordance with the principles of due process, if the
circumstances regarding 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 interest; 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 review of the denial.
(b) Authority To Provide Relief From Certain 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 mental institution or
based upon a removal of a record under section 102(c)(1)(B), 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.

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(a) In General.--Notwithstanding any other provision of law or of
this Act, all records obtained by the National Instant Criminal
Background Check system relevant to whether an individual is prohibited
from possessing a firearm because such person is an alien illegally or
unlawfully in the United States shall be made available to U.S.
Immigration and Customs Enforcement.
(b) Regulations.--The Attorney General, at his or her discretion,
shall promulgate guidelines relevant to what records relevant to
illegal aliens shall be provided pursuant to the provisions of this
Act.
RECORDS

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(a) Evaluation Required.--The Director of the Bureau of Justice
Statistics (referred to in this section as the ``Director'') shall
study and evaluate the operations of the National Instant Criminal
Background Check System. Such study and evaluation shall include
compilations and analyses of the operations and record systems of the
agencies and organizations necessary to support such System.
(b) Report on Grants.--Not later than January 31 of each year, the
Director shall submit to Congress a report containing the estimates
submitted by the States under section 102(b).
(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 information relevant to
determining whether a person is prohibited from possessing or receiving
a firearm by Federal or State law, 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.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2009 through 2013 to complete the studies, evaluations, and reports
required under this section.
AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

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GRANTS.
(a) Grants Authorized.--From amounts made available to carry out
this section, the Attorney General shall make grants to each State,
consistent with State plans for the integration, automation, and
accessibility of criminal history records, for use by the State court
system to improve the automation and transmittal of criminal history
dispositions, records relevant to determining whether a person has been
convicted of a misdemeanor crime of domestic violence, court orders,
and mental health adjudications or commitments, to Federal and State
record repositories in accordance with sections 102 and 103 and the
National Criminal History Improvement Program.
(b) Grants to Indian Tribes.--Up to 5 percent of the grant funding
available under this section may be reserved for Indian tribal
governments for use by Indian tribal judicial systems.
(c) Use of Funds.--Amounts granted under this section shall be used
by the State court system only--
(1) to carry out, as necessary, assessments of the capabilities
of the courts of the State for the automation and transmission of
arrest and conviction records, court orders, and mental health
adjudications or commitments to Federal and State record
repositories; and
(2) to implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records, court
orders, and mental health adjudications or commitments to Federal
and State record repositories.
(d) Eligibility.--To be eligible to receive a grant under this
section, a State shall certify, to the satisfaction of the Attorney
General, that the State has implemented a relief from disabilities
program in accordance with section 105.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$62,500,000 for fiscal year 2009, $125,000,000 for fiscal year 2010,
$125,000,000 for fiscal year 2011, $62,500,000 for fiscal year 2012,
and $62,500,000 for fiscal year 2013.

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(a) In General.--The Comptroller General of the United States shall
conduct an audit of the expenditure of all funds appropriated for
criminal records improvement pursuant to section 106(b) of the Brady
Handgun Violence Prevention Act (Public Law 103-159) to determine if
the funds were expended for the purposes authorized by the Act and how
those funds were expended for those purposes or were otherwise
expended.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General shall submit a report to Congress
describing the findings of the audit conducted pursuant to subsection
(a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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NICS Improvement Amendments Act of 2007

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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