Public Law 110-180 NICS Improvement Act

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2559

Public Law 110–180
110th Congress
An Act
To improve the National Instant Criminal Background Check System, and for
other purposes.

Jan. 8, 2008
[H.R. 2640]

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(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:

NICS
Improvement
Amendments
Act of 2007.
Intergovernmental
relations.
18 USC 922 note.

Sec. 1. Short title and 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.
Sec. 105. Relief from disabilities program required as condition for participation in
grant programs.
Sec. 106. Illegal immigrant gun purchase notification.
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.

jbridges on POFP91QD1 with PUBLIC LAWS

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

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00001

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

121 STAT. 2560

PUBLIC LAW 110–180—JAN. 8, 2008
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.

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 3. DEFINITIONS.

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).

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2561

(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.

TITLE I—TRANSMITTAL OF RECORDS

jbridges on POFP91QD1 with PUBLIC LAWS

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 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.—

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

Guidelines.

Deadline.

JEFF

PsN: PUBL180

jbridges on POFP91QD1 with PUBLIC LAWS

121 STAT. 2562

PUBLIC LAW 110–180—JAN. 8, 2008

(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

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

jbridges on POFP91QD1 with PUBLIC LAWS

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2563

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)

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

Deadline.

Deadline.

JEFF

PsN: PUBL180

121 STAT. 2564

PUBLIC LAW 110–180—JAN. 8, 2008
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.

Effective date.

SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
Effective date.

jbridges on POFP91QD1 with PUBLIC LAWS

Deadline.

VerDate Aug 31 2005

17:44 Jan 24, 2008

(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

Jkt 069139

PO 00180

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

jbridges on POFP91QD1 with PUBLIC LAWS

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2565

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

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

121 STAT. 2566

Notification.

jbridges on POFP91QD1 with PUBLIC LAWS

Deadline.

VerDate Aug 31 2005

17:44 Jan 24, 2008

PUBLIC LAW 110–180—JAN. 8, 2008

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

Jkt 069139

PO 00180

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2567

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).

Regulations.

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.

(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;

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

Grants.
Native
Americans.

JEFF

PsN: PUBL180

121 STAT. 2568

Certification.

PUBLIC LAW 110–180—JAN. 8, 2008

(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.

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 104. PENALTIES FOR NONCOMPLIANCE.

(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.—

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2569

(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).

Effective date.

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION FOR 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

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

121 STAT. 2570

PUBLIC LAW 110–180—JAN. 8, 2008

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.
SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.

(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.

TITLE II—FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 201. CONTINUING EVALUATIONS.

(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.

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

PUBLIC LAW 110–180—JAN. 8, 2008

121 STAT. 2571

(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.

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.

(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.

TITLE IV—GAO AUDIT

jbridges on POFP91QD1 with PUBLIC LAWS

SEC. 401. GAO AUDIT.

(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

VerDate Aug 31 2005

17:44 Jan 24, 2008

Jkt 069139

PO 00180

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL180.110

JEFF

PsN: PUBL180

121 STAT. 2572

PUBLIC LAW 110–180—JAN. 8, 2008

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).
Approved January 8, 2008.

jbridges on POFP91QD1 with PUBLIC LAWS

LEGISLATIVE HISTORY—H.R. 2640:
CONGRESSIONAL RECORD, Vol. 153 (2007):
June 13, considered and passed House.
Dec. 19, considered and passed Senate, amended. House concurred in Senate
amendment.

Æ

VerDate Aug 31 2005

12:01 Feb 12, 2008

Jkt 069139

PO 00180

Frm 00014

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL180.110

APPS06

PsN: PUBL180