Fix Gun Checks Act of 2013 (click here)
This bill was sponsored without any co-sponsors by Senator Charles E. Schumer. It was introduced on February 25, 2013. It went to the Senate Judiciary Committee. It has two names which the original was Protecting Responsible Gun Sellers Act of 2013 (click here).
The original summary of S. 374 lists the second title of the act.
Shown Here: (click here)
Introduced in Senate (02/25/2013)
Protecting Responsible Gun Sellers Act of 2013 - Declares that: (1) Congress supports the right to bear arms, found in the Second Amendment to the Constitution, and the existing prohibition on a national firearms registry; (2) the Department of Justice (DOJ) should make it a top priority to work with states to swiftly input missing records, including mental health records, in the background check system; and (3) if U.S. citizens agree that in order to promote safe and responsible gun ownership, criminals and the mentally ill should be prohibited from possessing firearms, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people.
Therefore, the "Protecting Responsible Gun Sellers Act of 2013" and the "Fix Gun Checks Act of 2013" are the same thing.
Summary of S. 374 is here (click here):
Title I: Ensuring That All Individuals Who Should Be Prohibited From Buying A Gun Are Listed In The National Instant Criminal Background Check System
Title II: Requiring a Background Check for Every Firearm Sale
There are two compositions for this bill, the first is under the title "Protecting Responsible Gun Sellers Act of 2013" (click here).
The most recent text / composition is under the title "Fix Gun Checks Act of 2013" (click here)
The purpose of the bill:
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.
Title I Ensuring that all individuals who should be prohibited from buying a gun are listed in the national instant criminal background check system
Sec. 101. Reauthorization of NICS Act Record Improvement Program grants.Sec.
The first provision of this section amends Section 102(b) of the NICS Act (click here)
(a) In General.--Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) INITIAL STATE ESTIMATE-
(C) RECORD DEFINED- For purposes of subparagraph (A), a record is the following:
(A) by striking clauses (ii) and (iii); and (B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and
The clauses (ii) and (iii) are removed from the bill entirely. Those clauses are below:
(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.
There is some redundancy between (i) and (ii). But, (ii) actually waters down (i) by qualifying those listed according to state law and not federal law. The date of the estimate is simply old. It was 2007. There is some question to guilt with fugitive and final disposition when not available.
S. 374 goes on to discuss the authority of the Attorney General of the USA and funding with parameters set to his standard to states and tribal authorities to invoke compliance with the law.
(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.
There is a lot of subjective language in this provision. S. 374 also establishes better authority to create continuity of compliance and information. So, this is bad language to the new focus.
Provision (i) remains:
(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.
Clauses (iv), (v), (vi) are to be redesignated to (ii), (iii), (iv). These are the clauses:
(iv) (ii) 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) (iii) 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) (iv) 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.
I know this 'electronically available' seems like a no brainer, however, there are states such as North Carolina with some court offices that are not online at all. Some don't even have fax. So, this is interesting, but, it also provides for a gap in the application of the law. The funding will no doubt require MODERNIZATION of these court records. "What goes on" to avoid compliance with gun laws across the USA is amazing. The Red States are bound to the NRA and not the USA Constitution when it comes to this mess. No lie. So, gaining compliance will no doubt have no hurdles under the new legislation.
2) by striking paragraph (2) and inserting the following:
``(2) Scope.--
The paragraph below will be removed. I prefer to first look at these early bills being incorporated into the new bill because it will mitigate the length of examination of S. 649. This is a short bill actually, but, it covers a lot of the basis of the new background checks.
(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.
That paragraph will be replace by:
``(A) In general.--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 time period established by the Attorney General under subparagraph
The highlighted words are new and replace others in the previous bill. The original bill tied the hands of the AG to limit information and focus. Now, it will be at the AG's descretion as to what will satisfy the funding. The states can't reply to the AG with 'unattainable' simply because the records are not online, etc.
(B), which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.``(B) Regulations.-- Not later than 1 year after the date of enactment of the Fix Gun Checks Act of 2013, the Attorney General shall, through regulation, establish the time period described in subparagraph (A).''.
The new law will require a timeline less than one year for compliance by the states, tribal governance and provinces of the USA. It is up to the AG to establish the regulations to meet compliance to the law by the states.
(b) Implementation Assistance to States.--Section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
This bill was sponsored without any co-sponsors by Senator Charles E. Schumer. It was introduced on February 25, 2013. It went to the Senate Judiciary Committee. It has two names which the original was Protecting Responsible Gun Sellers Act of 2013 (click here).
The original summary of S. 374 lists the second title of the act.
Shown Here: (click here)
Introduced in Senate (02/25/2013)
Protecting Responsible Gun Sellers Act of 2013 - Declares that: (1) Congress supports the right to bear arms, found in the Second Amendment to the Constitution, and the existing prohibition on a national firearms registry; (2) the Department of Justice (DOJ) should make it a top priority to work with states to swiftly input missing records, including mental health records, in the background check system; and (3) if U.S. citizens agree that in order to promote safe and responsible gun ownership, criminals and the mentally ill should be prohibited from possessing firearms, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people.
Therefore, the "Protecting Responsible Gun Sellers Act of 2013" and the "Fix Gun Checks Act of 2013" are the same thing.
Summary of S. 374 is here (click here):
Title I: Ensuring That All Individuals Who Should Be Prohibited From Buying A Gun Are Listed In The National Instant Criminal Background Check System
Title II: Requiring a Background Check for Every Firearm Sale
There are two compositions for this bill, the first is under the title "Protecting Responsible Gun Sellers Act of 2013" (click here).
The most recent text / composition is under the title "Fix Gun Checks Act of 2013" (click here)
The purpose of the bill:
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.
Title I Ensuring that all individuals who should be prohibited from buying a gun are listed in the national instant criminal background check system
Sec. 101. Reauthorization of NICS Act Record Improvement Program grants.Sec.
The first provision of this section amends Section 102(b) of the NICS Act (click here)
(a) In General.--Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
(b) State Estimates-
(1) in paragraph (1)(C)--
(1) INITIAL STATE ESTIMATE-
(C) RECORD DEFINED- For purposes of subparagraph (A), a record is the following:
(A) by striking clauses (ii) and (iii); and (B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and
The clauses (ii) and (iii) are removed from the bill entirely. Those clauses are below:
(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.
There is some redundancy between (i) and (ii). But, (ii) actually waters down (i) by qualifying those listed according to state law and not federal law. The date of the estimate is simply old. It was 2007. There is some question to guilt with fugitive and final disposition when not available.
S. 374 goes on to discuss the authority of the Attorney General of the USA and funding with parameters set to his standard to states and tribal authorities to invoke compliance with the law.
(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.
There is a lot of subjective language in this provision. S. 374 also establishes better authority to create continuity of compliance and information. So, this is bad language to the new focus.
Provision (i) remains:
(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.
Clauses (iv), (v), (vi) are to be redesignated to (ii), (iii), (iv). These are the clauses:
(iv) (ii) 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) (iii) 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) (iv) 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.
I know this 'electronically available' seems like a no brainer, however, there are states such as North Carolina with some court offices that are not online at all. Some don't even have fax. So, this is interesting, but, it also provides for a gap in the application of the law. The funding will no doubt require MODERNIZATION of these court records. "What goes on" to avoid compliance with gun laws across the USA is amazing. The Red States are bound to the NRA and not the USA Constitution when it comes to this mess. No lie. So, gaining compliance will no doubt have no hurdles under the new legislation.
2) by striking paragraph (2) and inserting the following:
``(2) Scope.--
The paragraph below will be removed. I prefer to first look at these early bills being incorporated into the new bill because it will mitigate the length of examination of S. 649. This is a short bill actually, but, it covers a lot of the basis of the new background checks.
(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.
That paragraph will be replace by:
``(A) In general.--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 time period established by the Attorney General under subparagraph
The highlighted words are new and replace others in the previous bill. The original bill tied the hands of the AG to limit information and focus. Now, it will be at the AG's descretion as to what will satisfy the funding. The states can't reply to the AG with 'unattainable' simply because the records are not online, etc.
(B), which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.``(B) Regulations.-- Not later than 1 year after the date of enactment of the Fix Gun Checks Act of 2013, the Attorney General shall, through regulation, establish the time period described in subparagraph (A).''.
The new law will require a timeline less than one year for compliance by the states, tribal governance and provinces of the USA. It is up to the AG to establish the regulations to meet compliance to the law by the states.
(b) Implementation Assistance to States.--Section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES. (old law - NICS)
(1) by striking subsection (a)(1) and inserting the following:
This paragraph will be eliminated:
(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.
This will be the new language:
(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--
``(A) establish and plan information and identification technologies for firearms eligibility determinations; and
``(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.'';
The new language removes restrictive application and opens the implementation of grants to the regulation developed by the AG of the USA.
(2) by striking subsections (b) and (c) and inserting the following:
This is the old law:
(b) Use of Grant Amounts- Grants awarded to States or Indian tribes under this section may only be used to--
This is the new law:
(b) Use of Grant Amounts.--
``(1) In general.--Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--
Old Law
(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;
New Law
``(A) create electronic systems, which provide accurate and up-to-date information that 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;
Old Law
(2) assist States in establishing or enhancing their own capacities to perform NICS background checks;
New Law
``(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;
Old Law
(3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
New Law
``(C) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
Old Law
(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;
New Law
``(D) 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;
Old Law
(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;
New Law
``(E) 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; and
Old Law
(6) collect and analyze data needed to demonstrate levels of State compliance with this Act; and
New Law - Besides the changes in title letter this is where the changes begin. It focuses on the previous law of the NICS:
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--
(2) ...the person's record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety
The "Disability" refers to the mental illness that removes the gun purchasing privilege. That law has to provide a method / pathway to appeal of the decision to remove someone from purchasing. This simply states if an individual is rehabilitated they can apply to the courts.
``(F) collect and analyze data needed to demonstrate levels of State compliance with this Act.
``(2) Additional uses.--
``(A) In general.--In addition to the uses described in paragraph (1)--
``(i) a grant awarded under subsection
(a)(1)(A) may be used to assist States in establishing or enhancing a relief from disabilities program in accordance with section 105; and
``(ii) a grant awarded under subsection
(a)(1)(B) may be used to maintain the relief from disabilities program in accordance with section 105.
This provision provides funding to return a person's function in purchasing. It is highly offensive to the law to remove a person from purchasing, then realize they are rehabilitate, but, without the funding to carry out re-establishing their gun purchase ability.
The paragraph below returns the limits.
``(B) Limitation.--Not less than 3 percent and no more than 10 percent of each grant awarded under subsection (a)(1)(B) shall be used for the purpose described in subparagraph (A)(i).
Old Law (7) has been eliminated from the new bill.
(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.
Old Law
(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.``
New Law continues:
``(c) Eligibility.--To be eligible for a grant under section
(a) In General.--Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) and (2) and inserting the following:
SEC. 104. PENALTIES FOR NONCOMPLIANCE.
(b) Penalties-
This will be the new language:
(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--
``(A) establish and plan information and identification technologies for firearms eligibility determinations; and
``(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.'';
The new language removes restrictive application and opens the implementation of grants to the regulation developed by the AG of the USA.
(2) by striking subsections (b) and (c) and inserting the following:
This is the old law:
(b) Use of Grant Amounts- Grants awarded to States or Indian tribes under this section may only be used to--
This is the new law:
(b) Use of Grant Amounts.--
``(1) In general.--Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--
Old Law
(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;
New Law
``(A) create electronic systems, which provide accurate and up-to-date information that 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;
Old Law
(2) assist States in establishing or enhancing their own capacities to perform NICS background checks;
New Law
``(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;
Old Law
(3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
New Law
``(C) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
Old Law
(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;
New Law
``(D) 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;
Old Law
(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;
New Law
``(E) 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; and
Old Law
(6) collect and analyze data needed to demonstrate levels of State compliance with this Act; and
New Law - Besides the changes in title letter this is where the changes begin. It focuses on the previous law of the NICS:
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--
(2) ...the person's record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety
The "Disability" refers to the mental illness that removes the gun purchasing privilege. That law has to provide a method / pathway to appeal of the decision to remove someone from purchasing. This simply states if an individual is rehabilitated they can apply to the courts.
``(2) Additional uses.--
``(A) In general.--In addition to the uses described in paragraph (1)--
``(i) a grant awarded under subsection
(a)(1)(A) may be used to assist States in establishing or enhancing a relief from disabilities program in accordance with section 105; and
``(ii) a grant awarded under subsection
(a)(1)(B) may be used to maintain the relief from disabilities program in accordance with section 105.
This provision provides funding to return a person's function in purchasing. It is highly offensive to the law to remove a person from purchasing, then realize they are rehabilitate, but, without the funding to carry out re-establishing their gun purchase ability.
The paragraph below returns the limits.
``(B) Limitation.--Not less than 3 percent and no more than 10 percent of each grant awarded under subsection (a)(1)(B) shall be used for the purpose described in subparagraph (A)(i).
Old Law (7) has been eliminated from the new bill.
(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.
Old Law
(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.``
New Law continues:
``(c) Eligibility.--To be eligible for a grant under section
103(a)(1)(B), 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.''; and
(3) by striking subsection (e) and inserting the following:`
(e) Authorization of Appropriations.--
``(1) In general.--There are to be authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2018.
``(2) Limitations.--
``(A) Use of amounts authorized.--Of the amounts authorized to be appropriated for each fiscal year under paragraph (1), not more than 30 percent may be used to carry out subsection (a)(1)(B) .
``(B) Allocations.--A State may not be awarded more than 2 grants under subsection (a)(1)(B).''.
This section sets up the appropriations for the program and the limitations in apply for the grants. The Attorney General will have to consult with other Cabinet Members and I am thinking HHS in regard to duplicity to any agency that may have received other monies to upgrading to online and electronic records. Some of those monies with HHS will no doubt include incarceration facilities. So, the grants will have to be assessed for duplicate work. It the electronic capacity was recently (within the past 5 years) upgraded then the grants have to reflect that. Otherwise it is simply wasteful spending and will result in corruption.
This is going to take funding. There are many states who just don't think it is important to participate in the program. So, to think there won't be spending is hideous. There has to be enforcement by the AG to leverage compliance through the grant program. There will have to be constitutional leverage in the regulation to bring all states, etc. online with electronic records.
Either the nation is going to do this or not. Just that simple. I would like to see the Democrats find "Pay-Go" if possible, even for a percentage of the cost.
Below is new law:
102. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.(a) In General.--Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) and (2) and inserting the following:
SEC. 104. PENALTIES FOR NONCOMPLIANCE.
(b) Penalties-
Old Law being struck from the law.
(1) DISCRETIONARY REDUCTION-
(A) During the 2-year period beginning 3 years after the date of enactment of this Act, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.
(B) During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.
(2) MANDATORY REDUCTION- After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.
New Law sets up new limits on implementation and a penalty for noncompliance.
``(1) Discretionary reduction.--
``(A) During the 2-year period beginning on the date on which the Attorney General publishes final rules required under section 102(b)(2)(B), 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 3-year period after the expiration of the period described in subparagraph (A), the Attorney General may withhold 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 period referred to in paragraph (1)(B), 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.''.
(b) Reporting of State Compliance.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.
New Law is an addition to the existing law
SEC. 103. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the following:
This is the section referred to above from the original law.
SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (click here)
(e) 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 State 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.
These are the new additions:
``(F) Application to federal courts.--In this paragraph--
Below is clarification of language and hence clarification of authority.
``(i) the terms `department of agency of the United States' and `Federal department or agency' include a Federal court; and
Same with this.
``(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.''.
This ends Title I of S. 374
(1) DISCRETIONARY REDUCTION-
(A) During the 2-year period beginning 3 years after the date of enactment of this Act, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.
(B) During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.
(2) MANDATORY REDUCTION- After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.
New Law sets up new limits on implementation and a penalty for noncompliance.
``(1) Discretionary reduction.--
``(A) During the 2-year period beginning on the date on which the Attorney General publishes final rules required under section 102(b)(2)(B), 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 3-year period after the expiration of the period described in subparagraph (A), the Attorney General may withhold 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 period referred to in paragraph (1)(B), 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.''.
(b) Reporting of State Compliance.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.
New Law is an addition to the existing law
SEC. 103. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the following:
This is the section referred to above from the original law.
SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (click here)
(e) 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 State 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.
These are the new additions:
``(F) Application to federal courts.--In this paragraph--
Below is clarification of language and hence clarification of authority.
``(i) the terms `department of agency of the United States' and `Federal department or agency' include a Federal court; and
Same with this.
``(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.''.
This ends Title I of S. 374
