H.R.1025 - Brady Handgun Violence Prevention Act103rd Congress (1993-1994)
| Sponsor: | Rep. Schumer, Charles E. [D-NY-9] (Introduced 02/22/1993) |
|---|---|
| Committees: | House - Judiciary |
| Committee Reports: | H.Rept 103-344 Part 1; H.Rept 103-412 Part 1 |
| Latest Action: | 11/30/1993 Became Public Law No: 103-159. (All Actions) |
| Major Recorded Votes: | 11/23/1993 : Resolving Differences; 11/20/1993 : Passed Senate; 11/10/1993 : Passed House |
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Related Bills (5)
Text: H.R.1025 — 103rd Congress (1993-1994)All Bill Information (Except Text)
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Reported in House (11/10/1993)
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[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 1025 Reported in House (RH)]
Union Calendar No. 186
103d CONGRESS
1st Session
H. R. 1025
[Report No. 103-344]
_______________________________________________________________________
A BILL
To provide for a waiting period before the purchase of a handgun, and
for the establishment of a national instant criminal background check
system to be contacted by firearms dealers before the transfer of any
firearm.
_______________________________________________________________________
November 10, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 186
103d CONGRESS
1st Session
H. R. 1025
[Report No. 103-344]
To provide for a waiting period before the purchase of a handgun, and
for the establishment of a national instant criminal background check
system to be contacted by firearms dealers before the transfer of any
firearm.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 22, 1993
Mr. Schumer (for himself, Mr. Sensenbrenner, Mr. Synar, Mr. Mazzoli,
Mr. Gibbons, Mr. Glickman, Mr. Bryant, Mr. Sawyer, Mr. Stark, Mr.
Fazio, Mr. Studds, Mr. Reynolds, Mr. McDermott, Mr. Jacobs, Mr. Manton,
Ms. Pelosi, Mr. Porter, Mr. Towns, Mr. Berman, Mr. Borski, Mr. Bacchus
of Florida, Mrs. Schroeder, Mr. Moran, Ms. Slaughter, Mr. Filner, Mr.
Boehlert, Mr. Hall of Ohio, Mr. Barrett of Wisconsin, Mr. Shays, Mr.
Skaggs, Mrs. Roukema, Mr. Klein, Mr. Evans, Mr. Mineta, Mr. Derrick,
Mr. Lipinski, Mr. Klug, Mr. Andrews of Maine, Mr. Deutsch, Mr. Edwards
of California, Mr. Yates, Mr. Torricelli, Mr. Wheat, Mr. Tucker, Mr.
Roemer, Ms. Furse, Ms. Molinari, Mrs. Byrne, Mrs. Bentley, Mrs.
Maloney, Mr. Cardin, Mr. Gejdenson, Mr. Meehan, Mr. Fingerhut, Mr.
Sangmeister, Mr. Nadler, Mr. Markey, Mr. Hughes, Mr. Dellums, Mr.
Owens, Ms. Waters, Mr. de Lugo, Mr. Hyde, Mr. Stokes, Mr. Waxman, Mr.
Durbin, Mr. Ackerman, Mr. Bonior, Mr. Serrano, Mr. Coyne, Mr. Lantos,
Mr. Mfume, Mrs. Morella, Ms. DeLauro, Mr. Andrews of New Jersey, Ms.
Norton, Mr. Faleomavaega, Mr. Hoagland, Mr. Miller of California, Mr.
Reed, Mr. Hoyer, Mr. Hochbrueckner, Mr. Johnston of Florida, Mr. Sabo,
Mr. Brown of California, Mr. Lewis of Georgia, Mr. Foglietta, Mr. Frank
of Massachusetts, Mr. Gutierrez, Mr. Goss, Mrs. Kennelly, Mr.
Beilenson, Ms. Kaptur, Mrs. Mink, Mr. Matsui, Mr. Flake, Ms. Velazquez,
Mrs. Lowey, and Mr. Wynn) introduced the following bill; which was
referred to the Committee on the Judiciary
April 20, 1993
Additional sponsors: Mr. Leach, Mr. Engel, Mr. Gonzalez, Ms. Margolies-
Mezvinsky, Mr. LaFalce, Ms. Brown of Florida, Mr. Moakley, Mr. Watt,
Mr. Mann, Ms. Roybal-Allard, Mr. Wyden, Mr. Rush, Ms. Schenk, Ms.
Woolsey, Mr. Levin, Mr. Kleczka, Ms. Harman, Mr. Menendez, Mr. Rangel,
Ms. Eddie Bernice Johnson of Texas, Mr. Castle, Mr. Clay, Mr. McHale,
Mr. Torres, Mr. Abercrombie, Mr. Ford of Michigan, Mr. Scott, Mr.
Vento, Mr. Becerra, Mr. Dicks, Mr. Hamburg, Mrs. Meek, Ms. Eshoo, Ms.
Shepherd, Mr. Lazio, Mr. Traficant, Mr. Diaz-Balart, Mr. Blackwell, Mr.
Kennedy, Mr. Romero-Barcelo, Mr. Ford of Tennessee, Ms. McKinney, Mr.
Hastings, Mr. Washington, Mrs. Clayton, Mr. Payne of New Jersey, and
Mr. Bateman
September 9, 1993
Additional sponsors: Mr. Henry, Mr. Dixon, Mr. Pallone, Mr. Thompson,
Mr. Visclosky, and Mr. Underwood
November 10, 1993
Additional sponsors: Mr. Pastor, Mr. Farr of California, and Mr. Dooley
November 10, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 22, 1993]
_______________________________________________________________________
A BILL
To provide for a waiting period before the purchase of a handgun, and
for the establishment of a national instant criminal background check
system to be contacted by firearms dealers before the transfer of any
firearm.
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 ``Brady Handgun Violence Prevention
Act''.
SEC. 2. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL
BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO
NONLICENSEE.
(a) Interim Provision.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date that
the Attorney General certifies under section 3(d)(1) of the Brady
Handgun Violence Prevention Act that the national instant criminal
background check system is established (except as provided in
paragraphs (2) and (3) of such section), it shall be unlawful for any
licensed importer, licensed manufacturer, or licensed dealer to sell,
deliver, or transfer a handgun to an individual who is not licensed
under section 923, unless--
``(A) after the most recent proposal of such transfer by
the transferee--
``(i) the transferor has--
``(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
``(II) verified the identity of the
transferee by examining the identification
document presented;
``(III) within 1 day after the transferee
furnishes the statement, provided notice of the
contents of the statement to the chief law
enforcement officer of the place of residence
of the transferee; and
``(IV) within 1 day after the transferee
furnishes the statement, transmitted a copy of
the statement to the chief law enforcement
officer of the place of residence of the
transferee; and
``(ii)(I) 5 business days (as defined by days in
which State offices are open) have elapsed from the
date the transferor furnished notice of the contents of
the statement to the chief law enforcement officer,
during which period the transferor has not received
information from the chief law enforcement officer that
receipt or possession of the handgun by the transferee
would be in violation of Federal, State, or local law;
or
``(II) the transferor has received notice from the
chief law enforcement officer that the officer has no
information indicating that receipt or possession of
the handgun by the transferee would violate Federal,
State, or local law;
``(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement officer
of the place of residence of the transferee during the 10-day
period ending on the date of the most recent proposal of such
transfer by the transferee, stating that the transferee
requires access to a handgun because of a threat to the life of
the transferee or of any member of the household of the
transferee;
``(C)(i) the transferee has presented to the transferor a
permit that--
``(I) allows the transferee to possess a handgun;
and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a handgun by the transferee
would be in violation of the law;
``(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed dealer
completes the transfer of a handgun to an individual who is not
licensed under section 923, an authorized government official
verify that the information available to such official does not
indicate that possession of a handgun by the transferee would
be in violation of law, except that this subparagraph shall not
apply to a State that, on the date of certification pursuant to
section 3(d) of the Brady Handgun Violence Prevention Act, is
not in compliance with the timetable established pursuant to
section 3(c) of such Act;
``(E) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
``(F) on application of the transferor, the Secretary has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the transferor at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer; and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether the
transferee has a criminal record or whether there is any other legal
impediment to the transferee's receiving a handgun, including research
in whatever State and local recordkeeping systems are available and in
a national system designated by the Attorney General.
``(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph of the
transferee and a description of the identification used;
``(B) a statement that transferee--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
``(C) the date the statement is made; and
``(D) notice that the transferee intends to obtain a
handgun from the transferor.
``(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the transferee
violates Federal, State, or local law shall immediately communicate all
information the transferor has about the transfer and the transferee
to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall not
disclose such information except to the transferee, to law enforcement
authorities, or pursuant to the direction of a court of law.
``(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement of the
transferee with respect to the handgun transaction, and shall retain
evidence that the transferor has complied with subclauses (III) and
(IV) of paragraph (1)(A)(i) with respect to the statement.
``(B)(i) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV) determines that
a transaction would violate Federal, State, or local law--
``(I) the officer shall, within 20 business days after the
date the transferee made the statement on the basis of which
the notice was provided, destroy the statement and any record
containing information derived from the statement;
``(II) the information contained in the statement shall not
be conveyed to any person except a person who has a need to
know in order to carry out this subsection; and
``(III) the information contained in the statement shall
not be used for any purpose other than to carry out this
subsection.
``(ii) Subparagraph (A) shall not be construed to impose a
requirement contrary to State or local law or regulation.
``(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant to this
subsection shall not be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the handgun
is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess a handgun.
``(8) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
``(9) The Secretary shall take necessary actions to ensure that the
provisions of this subsection are published and disseminated to
licensed dealers, law enforcement officials, and the public.''.
(2) Handgun defined.--Section 921(a) of such title is
amended by adding at the end the following:
``(29) The term `handgun' means--
``(A) a firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(b) Permanent Provision.--Section 922 of title 18, United States
Code, as amended by subsection (a)(1) of this section, is amended by
adding at the end the following:
``(t)(1) Beginning on the date that the Attorney General certifies
under section 3(d)(1) of the Brady Handgun Violence Prevention Act that
the national instant criminal background check system is established
(except as provided in paragraphs (2) and (3) of such section), a
licensed importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not such a licensee,
unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 3 of such Act;
``(B) the system notifies the licensee that the system has
not located any record that demonstrates that the receipt of a
firearm by such other person would violate subsection (g) or
(n) of this section or any State or local law; and
``(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1028(d)(1) of this title) of the transferee
containing a photograph of the transferee.
``(2) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if--
``(A)(i) such other person has presented to the licensee a
permit that--
``(I) allows such other person to possess a
firearm; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a firearm by such other person
would be in violation of law;
``(B) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
``(C) on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the licensee at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer (as
defined in subsection (s)(8)); and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(3) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of a firearm by such other person
would violate subsection (g) or (n), and the licensee transfers a
firearm to such other person, the licensee shall include in the record
of the transfer the unique identification number provided by the system
with respect to the transfer.
``(4) In addition to the authority provided under section 923(e),
if the licensee knowingly transfers a firearm to such other person and
knowingly fails to comply with paragraph (1) of this subsection with
respect to the transfer and, at the time such other person most
recently proposed the transfer, the national instant criminal
background check system was operating and information was available to
the system demonstrating that receipt of a firearm by such other person
would violate subsection (g) or (n) of this section, the Secretary may,
after notice and opportunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under section 923,
and may impose on the licensee a civil fine of not more than $5,000.
``(5) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the handgun
is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess a handgun.''.
(c) Penalty.--Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Whoever knowingly violates subsection (s) or (t) of section
922 shall be fined not more than $1,000, imprisoned for not more than 1
year, or both.''.
SEC. 3. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) Establishment of System.--The Attorney General of the United
States shall establish a national instant criminal background check
system that any licensee may contact for information on whether receipt
of a firearm by a prospective transferee thereof would violate
subsection (g) or (n) of section 922 of title 18, United States Code,
or any State or local law.
(b) Expedited Action by the Attorney General.--The Attorney General
shall expedite--
(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by
the Federal Bureau of Investigation;
(2) the development of hardware and software systems to
link State criminal history check systems into the national
instant criminal background check system established by the
Attorney General pursuant to this section; and
(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced
fingerprint and criminal records identification.
(c) Provision of State Criminal Records to the National Instant
Criminal Background Check System.--(1) Not later than 6 months after
the date of enactment of this Act, the Attorney General shall--
(A) determine the type of computer hardware and software
that will be used to operate the national instant criminal
background check system and the means by which State criminal
records systems will communicate with the national system,
which shall be based upon the Interstate Identification Index
(``III'') unless the Attorney General finds that the III will
not provide a satisfactory basis for the national instant
criminal background check system;
(B) investigate the criminal records system of each State
and determine for each State a timetable by which the State
should be able to provide criminal records on an on line
capacity basis to the national system; and
(C) notify each State of the determinations made pursuant
to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of the State
timetable that the State achieve, by the end of 5 years after the date
of enactment of this Act, at least 80 percent currency of case
dispositions in computerized criminal history files for all cases in
which there has been an event of activity within the last 5 years and
continue to maintain such a system.
(d) National System Certification.--(1) On the date that is 30
months after the date of enactment of this Act, and at any time
thereafter, the Attorney General shall determine whether--
(A) the national system has achieved at least 80 percent
currency of case dispositions in computerized criminal history
files for all cases in which there has been an event of
activity within the last 5 years on a national average basis;
and
(B) the States are in compliance with the timetable
established pursuant to subsection (c),
and, if so, shall certify that the national system is established.
(2) If, on the date of certification in paragraph (1) of this
subsection, a State is not in compliance with the timetable established
pursuant to subsection (c) of this section, section 922(s) of title 18,
United States Code, shall remain in effect in such State and section
922(t) of such title shall not apply to the State. The Attorney General
shall certify if a State subject to the provisions of section 922(s)
under the preceding sentence achieves compliance with its timetable
after the date of certification in paragraph (1) of this subsection,
and section 922(s) of title 18, United States Code, shall not apply to
such State and section 922(t) of such title shall apply to the State.
(3) Six years after the date of enactment of this Act, the Attorney
General shall certify whether or not a State is in compliance with
subsection (c)(2) of this section and if the State is not in
compliance, section 922(s) of title 18, United States Code, shall apply
to the State and section 922(t) of such title shall not apply to the
State. The Attorney General shall certify if a State subject to the
provisions of section 922(s) under the preceding sentence achieves
compliance with the standards in subsection (c)(2) of this section, and
section 922(s) of title 18, United States Code, shall not apply to the
State and section 922(t) of such title shall apply to the State.
(e) Notification of Licensees.--On establishment of the system
under this section, the Attorney General shall notify each licensee and
the chief law enforcement officer of each State of the existence and
purpose of the system and the means to be used to contact the system.
(f) Administrative Provisions.--
(1) Authority to obtain official information.--
Notwithstanding any other law, the Attorney General may secure
directly from any department or agency of the United States
such information on persons for whom receipt of a firearm would
violate subsection (g) or (n) of section 922 of title 18,
United States Code, or any State or local law, as is necessary
to enable the system to operate in accordance with this
section. On request of the Attorney General, the head of such
department or agency shall furnish such information to the
system.
(2) Other authority.--The Attorney General shall develop
such computer software, design and obtain such
telecommunications and computer hardware, and employ such
personnel, as are necessary to establish and operate the system
in accordance with this section.
(g) Correction of Erroneous System Information.--If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United States
Code, or any State or local law, the prospective transferee may request
the Attorney General to provide the prospective transferee with the
reasons therefor. Upon receipt of such a request, the Attorney General
shall immediately comply with the request. The prospective transferee
may submit to the Attorney General information to correct, clarify, or
supplement records of the system with respect to the prospective
transferee. After receipt of such information, the Attorney General
shall immediately consider the information, investigate the matter
further, and correct all erroneous Federal records relating to the
prospective transferee and give notice of the error to any Federal
department or agency or any State that was the source of such erroneous
records.
(h) Regulations.--After 90 days notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of the
information of the system established under this section.
(i) Prohibitions Relating to Establishment of Registration Systems
With Respect to Firearms.--No department, agency, officer, or employee
of the United States may--
(1) require that any record or portion thereof maintained
by the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
(2) use the system established under this section to
establish any system for the registration of firearms, firearm
owners, or firearm transactions or dispositions, except with
respect to persons prohibited by section 922 (g) or (n) of
title 18, United States Code, from receiving a firearm.
(j) Definitions.--As used in this section:
(1) Licensee.--The term ``licensee'' means a licensed
importer, licensed manufacturer, or licensed dealer under
section 923 of title 18, United States Code.
(2) Other terms.--The terms ``firearm'', ``licensed
importer'', ``licensed manufacturer'', and ``licensed dealer''
have the meanings stated in section 921(a) (3), (9), (10), and
(11), respectively, of title 18, United States Code.
SEC. 4. REMEDY FOR ERRONEOUS DENIAL OF HANDGUN.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925 the following:
``Sec. 925A. Remedy for erroneous denial of handgun
``Any person who is denied a handgun pursuant to section 922(s) of
this title due to the provision of erroneous information relating to
the person by any State or political subdivision thereof, or by the
national instant criminal background check system established under
section 3(a) of the Brady Handgun Violence Prevention Act, and who has
exhausted the administrative remedies available for the correction of
such erroneous information, may bring an action against any official of
the State or political subdivision responsible for providing the
erroneous information, or against the United States, as the case may
be, for an order directing that the erroneous information be corrected.
In any action under this section, the court, in its discretion, may
allow the prevailing party a reasonable attorney's fee as part of the
costs.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925 the
following:
``925A. Remedy for erroneous denial of handgun.''.
SEC. 5. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.
(a) Improvements in State Records.--
(1) Use of formula grants.--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--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) the improvement of State record systems and the
sharing with the Attorney General of all of the records
described in paragraphs (1), (2), and (3) of this subsection
and the records required by the Attorney General under section
3 of the Brady Handgun Violence Prevention Act, for the purpose
of implementing such Act.''.
(2) Additional funding.--
(A) Grants for the improvement of criminal
records.--The Attorney General, through the Bureau of
Justice Statistics, shall, subject to appropriations
and with preference to States that as of the date of
enactment of this Act have the lowest percent currency
of case dispositions in computerized criminal history
files, make a grant to each State to be used--
(i) for the creation of a computerized
criminal history record system or improvement
of an existing system;
(ii) to improve accessibility to the
national instant criminal background system;
and
(iii) upon establishment of the national
system, to assist the State in the transmittal
of criminal records to the national system.
(B) Authorization of appropriations.--There are
authorized to be appropriated for grants under
subparagraph (A) a total of $100,000,000 for fiscal
year 1992 and all fiscal years thereafter.
(b) Withholding State Funds.--Effective on the date of enactment of
this Act the Attorney General may reduce by up to 50 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 the timetable established for such State under section
3(c) of this Act.
(c) Withholding of Department of Justice Funds.--If the Attorney
General does not certify the national instant criminal background check
system pursuant to section 3(d)(1) by--
(1) 30 months after the date of enactment of this Act the
general administrative funds appropriated to the Department of
Justice for the fiscal year beginning in the calendar year in
which the date that is 30 months after the date of enactment of
this Act falls shall be reduced by 5 percent on a monthly
basis; and
(2) 42 months after the date of enactment of this Act the
general administrative funds appropriated to the Department of
Justice for the fiscal year beginning in the calendar year in
which the date that is 42 months after the date of enactment of
this Act falls shall be reduced by 10 percent on a monthly
basis.
HR 1025 RH----2