H. R. 4757 107TH CONGRESS 
2D SESSION 
AN ACT 
To improve the national instant criminal 
background check system, and for other purposes.
107TH CONGRESS 
2D SESSION H. R. 4757 
AN ACT 
To improve the national instant criminal background check 
system, and for other purposes. 
Be it enacted by the Senate and House of Representa- 1
2 tives of the United States of America in Congress assembled,
1 SECTION 1. SHORT TITLE. 
2
3 Act’’. 
4 SEC. 2. FINDINGS. 
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
2 
This Act may be cited as the ‘‘Our Lady of Peace 
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 lawabiding 
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. 
•HR 4757 EH
1
2
3 SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDTITLE 
I—TRANSMITTAL OF 
RECORDS 
ERAL DEPARTMENTS AND AGENCIES PROVIDE 
RELEVANT INFORMATION TO THE NATIONAL 
INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM. 
(a) IN GENERAL.—Section 103(e)(1) of the Brady 
(1) by inserting ‘‘electronically’’ before ‘‘furnish’’; 
and 
(2) by adding at the end the following: ‘‘The 
head of each department or agency shall ascertain 
whether the department or agency has any records 
relating to any person described in subsection (g) or 
(n) of section 922 of title 18, United States Code 
and on being made aware that the department or 
agency has such a record, shall make the record 
available to the Attorney General for inclusion in the 
system to the extent the Attorney General deems appropriate. 
The head of each department or agency, 
on being made aware that the basis under which a 
record was made available under this section does 
not apply or no longer applies, shall transmit a cer- 
4
5
6
7
8
9 Handgun Violence Prevention Act (18 U.S.C. 922 note) 
10 is amended— 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
3 
•HR 4757 EH
4 
tification identifying the record (and any name or 
other relevant identifying information) to the Attorney 
General for removal from the system. The Attorney 
General shall notify the Congress on an annual 
basis as to whether the Attorney General has obtained 
from each such department or agency the information 
requested by the Attorney General under 
this subsection.’’. 
(b) IMMIGRATION RECORDS.—The Commissioner of 
1
2
3
4
5
6
7
8
9 
10 the Immigration and Naturalization Service shall cooper- 
11 ate in providing information regarding all relevant records 
12 of persons disqualified from acquiring a firearm under 
13 Federal law, including but not limited to, illegal aliens, 
14 visitors to the United States on student visas, and visitors 
15 to the United States on tourist visas, to the Attorney Gen- 
16 eral for inclusion in the national instant criminal 
17 background check system. 
18 SEC. 102. REQUIREMENTS TO OBTAIN WAIVER. 
(a) IN GENERAL.—Beginning 5 years after the date 19 
20 of the enactment of this Act, a State shall be eligible to 
21 receive a waiver of the 10 percent matching requirement 
22 for National Criminal History Improvement Grants under 
23 the Crime Identification Technology Act of 1988 if the 
24 State provides at least 95 percent of the information de- 
•HR 4757 EH
1 scribed in subsection (b). The length of such a waiver shall 
2 not exceed 5 years. 
3
4 SION 
5 BACKGROUND CHECK SYSTEM.— 
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
5 
(b) ELIGIBILITY OF STATE RECORDS FOR SUBMISTHE 
TO CRIMINAL INSTANT NATIONAL 
(1) REQUIREMENTS FOR ELIGIBILITY.—The 
State shall make available the following information 
established either through its own database or provide 
information to the Attorney General: 
(A) The name of and other relevant identifying 
information relating to each person disqualified 
from acquiring a firearm under subsection 
(g) or (n) of section 922 of title 18, 
United States Code, and each person disqualified 
from acquiring a firearm under applicable 
State law. 
(B) 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 transmit a certification 
identifying the record (and any name or other 
relevant identifying information) to the Attorney 
General for removal from the system. 
(C) Any information provided to the Attorney 
General under subparagraph (A) may be 
•HR 4757 EH
1
2
3
4
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
6 
accessed only for background check purposes 
under section 922(t) of title 18, United States 
Code.
(D) The State shall certify to the Attorney 
General that at least 95 percent of all information 
described in subparagraph (A) has been 
provided to the Attorney General in accordance 
with subparagraph (A). 
(2) APPLICATION TO PERSONS CONVICTED OF 
MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE.— 
(A) For purposes of paragraph (1), a person disqualified 
from acquiring a firearm as referred to in 
that paragraph includes a person who has been convicted 
in any court of any Federal, State, or local offense 
that—
(i) is a misdemeanor under Federal or 
State 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 by only a fine); 
(ii) has, as an element of the offense, the 
use or attempted use of physical force (for example, 
assault and battery), or the threatened 
use of a deadly weapon; and 
•HR 4757 EH
1
2
3
4
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
7 
(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 cohabitating with 
or has cohabitated with the victim as a spouse, 
parent, or guardian, (for example, the equivalent 
of ‘‘common-law marriage’’ even if such relationship 
is not recognized under the law), or 
a person similarly situated to a spouse, parent, 
or guardian of the victim (for example, two persons 
who are residing at the same location in 
an intimate relationship with the intent to make 
that place their home would be similarly situated 
to a spouse). 
(B) A person shall not be considered to have 
been convicted of such an offense for purposes of 
subparagraph (A) unless— 
(i) the person is considered to have been 
convicted by the jurisdiction in which the proceeding 
was held; 
(ii) the person was represented by counsel 
in the case, or knowingly and intelligently 
waived the right to counsel in the case; and 
•HR 4757 EH
1
2
3
4
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
8 
(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 tried by a jury; or 
(II) the person knowingly and intelligently 
waived the right to have the case 
tried by a jury, by guilty plea, or otherwise. 
(C) A person shall not be considered to have 
been convicted of such an offense for purposes of 
subparagraph (A) if 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 
(if the law of the jurisdiction in which the 
proceedings were held provides for the loss of civil 
rights upon conviction of such an offense) unless the 
pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, 
transport, possess, or receive firearms, and the person 
is not otherwise prohibited by the law of the jurisdiction 
in which the proceedings were held from 
receiving or possessing any firearms. 
(3) APPLICATION TO PERSONS WHO HAVE BEEN 
ADJUDICATED AS A MENTAL DEFECTIVE OR COMMITTED 
TO A MENTAL INSTITUTION.— 
•HR 4757 EH
1
2
3
4
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
9 
(A) For purposes of paragraph (1), 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— 
(i) is a danger to himself or to others; 
or 
(ii) lacks the mental capacity to contract 
or manage his own affairs. 
(B) The term ‘‘adjudicated as a mental defective’’ 
includes— 
(i) a finding of insanity by a court in 
a criminal case; and 
(ii) a finding that a person is incompetent 
to stand trial or is not guilty by 
reason of lack of mental responsibility pursuant 
to articles 50a and 72b of the Uniform 
Code of Military Justice (10 U.S.C. 
850a, 876b). 
(C) EXCEPTIONS.—This paragraph does 
not apply to— 
(i) a person— 
(I) in a mental institution for observation; 
or 
•HR 4757 EH
10 
(II) voluntarily committed to a 
mental institution; or 
(ii) information protected by doctorpatient 
privilege. 
(4) PRIVACY PROTECTIONS.—For any information 
provided under the national instant criminal 
background check system, 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. In the event of a 
conflict between a provision of this Act and a provision 
of State law relating to privacy protection, the 
provision of State law shall control. 
(5) STATE AUTHORITY.—Notwithstanding any 
other provision of this subsection, a State may designate 
that records transmitted under this subsection 
shall be used only to determine eligibility to 
purchase or possess a firearm. 
(c) ATTORNEY GENERAL REPORT.—Not later than 
1
2
3
4
5
6
7
8
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 January 31 of each year, the Attorney General shall sub- 
22 mit to the Committee on the Judiciary of the Senate and 
23 the Committee on the Judiciary of the House of Rep- 
24 resentatives a report on the progress of States in auto- 
25 mating the databases containing the information described 
•HR 4757 EH
1 in subsection (b) and in providing that information pursu- 
2 ant to the requirements of such subsection. 
3 SEC. 103. IMPLEMENTATION GRANTS TO STATES. 
4
5 carry out this section, the Attorney General shall make 
6 grants to each State, in a manner consistent with the na- 
7 tional criminal history improvement program, which shall 
8 be used by the State, in conjunction with units of local 
9 government and State and local courts, to establish or up- 
10 grade information and identification technologies for fire- 
11 arms eligibility determinations. 
12 
13 section may only be awarded for the following purposes: 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
11 
(a) IN GENERAL.—From amounts made available to 
(b) USE OF GRANT AMOUNTS.—Grants under this 
(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 court-ordered domestic restraining 
orders and records of domestic violence mis- 
•HR 4757 EH
12 
1 demeanors (as defined in section 102 of this Act) for 
2 inclusion in NICS. 
(c) CONDITION.—As a condition of receiving a grant 3
4 under this section, a State shall specify the projects for 
5 which grant amounts will be used, and shall use such 
6 amounts only as specified. A State that violates this sec- 
7 tion shall be liable to the Attorney General for the full 
8 amount granted. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 9 
10 authorized to be appropriated to carry out this section 
11 $250,000,000 for each of fiscal years 2004, 2005, and 
12 2006.
(e) The Federal Bureau of Investigation shall not 13 
14 charge a user fee for background checks pursuant to sec- 
15 tion 922(t) of title 18, United States Code. 
17 
18 
19 
16 TITLE II—FOCUSING FEDERAL 
ASSISTANCE ON THE IMPROVEMENT 
OF RELEVANT 
RECORDS 
20 SEC. 201. CONTINUING EVALUATIONS. 
(a) EVALUATION REQUIRED.—The Director of the 21 
22 Bureau of Justice Statistics shall study and evaluate the 
23 operations of the national instant criminal background 
24 check system. Such study and evaluation shall include, but 
25 not be limited to, compilations and analyses of the oper- 
•HR 4757 EH
13 
1 ations and record systems of the agencies and organiza- 
2 tions participating in such system. 
(b) REPORT ON GRANTS.—Not later than January 3
4 31 of each year, the Director shall submit to Congress 
5 a report on the implementation of section 102(b). 
(c) REPORT ON BEST PRACTICES.—Not later than 6
7 January 31 of each year, the Director shall submit to Con- 
8 gress, and to each State participating in the National 
9 Criminal History Improvement Program, a report of the 
10 practices of the States regarding the collection, mainte- 
11 nance, automation, and transmittal of identifying informa- 
12 tion relating to individuals described in subsection (g) or 
13 (n) of section 922 of title 18, United States Code, by the 
14 State or any other agency, or any other records relevant 
15 to the national instant criminal background check system, 
16 that the Director considers to be best practices. 
17 TITLE III—GRANTS TO STATE 
18 
19 
20 
21 
COURTS FOR THE IMPROVEMENT 
IN AUTOMATION AND 
TRANSMITTAL OF DISPOSITION 
RECORDS 
22 SEC. 301. GRANTS AUTHORIZED. 
(a) IN GENERAL.—From amounts made available to 23 
24 carry out this section, the Attorney General shall make 
25 grants to each State for use by the chief judicial officer 
•HR 4757 EH
14 
1 of the State to improve the handling of proceedings related 
2 to criminal history dispositions and restraining orders. 
(b) USE OF FUNDS.—Amounts granted under this 3
4 section shall be used by the chief judicial officer only as 
5 follows: 
(1) For fiscal year 2004, such amounts shall be 6
7
8
9 
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. 
(2) For fiscal years after 2004, 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. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There 
10 
11 
12 
13 
14 
15 
16 
17 
18 are authorized to be appropriated to the Attorney General 
19 to carry out this section $125,000,000 for each of fiscal 
20 years 2004, 2005, and 2006. 
Passed the House of Representatives October 15, 
2002.
Attest: 
Clerk. 
•HR 4757 EH