H.R. 297: NICS Improvement Act of 2007...McCarthy at it again!
To improve the National Instant Criminal Background Check System, and for other purposes.
Introduced: Jan 5, 2007
Sponsor:
Rep. Carolyn McCarthy [D-NY]show cosponsors (2)
Cosponsors
Rep. Michael Castle [R-DE]
Rep. John Dingell [D-MI]
Cosponsorship information sometimes is out of date.
Last Action: Jan 29, 2007: Introductory remarks on measure. (CR H965-966)
110th CONGRESS
1st Session
H. R. 297
To improve the National Instant Criminal Background Check System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mrs. MCCARTHY of New York (for herself and Mr. DINGELL) 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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `NICS Improvement Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
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.
Sec. 102. Requirements to obtain waiver.
Sec. 103. Implementation assistance to States.
Sec. 104. Penalties for noncompliance.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS
Sec. 201. Continuing evaluations.
TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS
Sec. 301. Disposition records automation and transmittal improvement grants.
TITLE IV--GAO AUDIT
Sec. 401. GAO audit.
SEC. 2. FINDINGS.
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.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) COURT ORDER- The term `court order' includes--
(A) a court order (as described in section 922(g)(8) of title 18, United States Code); and
(B) a protection order (as defined in section 2266(5) of title 18, United States Code).
(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.
(3) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE- The term `misdemeanor crime of domestic violence'--
(A) has the meaning given the term in section 921(a)(33) of title 18, United States Code;
(B) includes any Federal, State, or local offense that--
(i) is a misdemeanor under Federal, State, local, or tribal law or, in a State that does not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of 1 year or less or punishable only by a fine regardless of whether or not the State statute specifically defines the offense as a crime of domestic violence;
(ii) has, as an element of the offense, the use or attempted use of physical force, such as assault and battery, or the threatened use of a deadly weapon; and
(iii) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim; and
(C) does not include a crime described under subparagraph (A) if--
(i) the person was not convicted by the jurisdiction in which the proceeding was held;
(ii) the person was not represented by counsel in the case and did not knowingly or intelligently waive the right to counsel in the case;
(iii) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried--
(I) the case was not tried by a jury; and
(II) the person did not knowingly or intelligently waive the right to have the case tried by a jury, by guilty plea, or otherwise; or
(iv) the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless--
(I) the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or
(II) the person is otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.
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 `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 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 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; or
`(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.
`(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 mentally defective or committed to a mental institution.
To improve the National Instant Criminal Background Check System, and for other purposes.
Introduced: Jan 5, 2007
Sponsor:
Rep. Carolyn McCarthy [D-NY]show cosponsors (2)
Cosponsors
Rep. Michael Castle [R-DE]
Rep. John Dingell [D-MI]
Cosponsorship information sometimes is out of date.
Last Action: Jan 29, 2007: Introductory remarks on measure. (CR H965-966)
110th CONGRESS
1st Session
H. R. 297
To improve the National Instant Criminal Background Check System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mrs. MCCARTHY of New York (for herself and Mr. DINGELL) 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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `NICS Improvement Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
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.
Sec. 102. Requirements to obtain waiver.
Sec. 103. Implementation assistance to States.
Sec. 104. Penalties for noncompliance.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS
Sec. 201. Continuing evaluations.
TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS
Sec. 301. Disposition records automation and transmittal improvement grants.
TITLE IV--GAO AUDIT
Sec. 401. GAO audit.
SEC. 2. FINDINGS.
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.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) COURT ORDER- The term `court order' includes--
(A) a court order (as described in section 922(g)(8) of title 18, United States Code); and
(B) a protection order (as defined in section 2266(5) of title 18, United States Code).
(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.
(3) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE- The term `misdemeanor crime of domestic violence'--
(A) has the meaning given the term in section 921(a)(33) of title 18, United States Code;
(B) includes any Federal, State, or local offense that--
(i) is a misdemeanor under Federal, State, local, or tribal law or, in a State that does not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of 1 year or less or punishable only by a fine regardless of whether or not the State statute specifically defines the offense as a crime of domestic violence;
(ii) has, as an element of the offense, the use or attempted use of physical force, such as assault and battery, or the threatened use of a deadly weapon; and
(iii) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim; and
(C) does not include a crime described under subparagraph (A) if--
(i) the person was not convicted by the jurisdiction in which the proceeding was held;
(ii) the person was not represented by counsel in the case and did not knowingly or intelligently waive the right to counsel in the case;
(iii) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried--
(I) the case was not tried by a jury; and
(II) the person did not knowingly or intelligently waive the right to have the case tried by a jury, by guilty plea, or otherwise; or
(iv) the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless--
(I) the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or
(II) the person is otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.
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 `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 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 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; or
`(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.
`(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 mentally defective or committed to a mental institution.
