Title I — Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System

H.R. 137 · 113th Congress · Jan 3, 2013 · Lineage

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 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 to read as follows:

“(b) Penalties

“(1) Discretionary reduction—During the 2-year period beginning 3 years after January 8, 2008, 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.

“(2) Mandatory reductions

“(A) During the 2-year period after the expiration of the period referred to in paragraph (1), the Attorney General shall 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.

“(B) After the expiration of the period referred to in subparagraph (A), 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.

Sec. 102 Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law

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:

“(F) Semiannual certification and reporting

“(i) In general—The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code.

“(ii) Submission dates—The head of a Federal department or agency shall submit a certification under clause (i)—

“(I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and

“(II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

“(iii) Contents—A certification required under clause (i) shall state, for the applicable period—

“(I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code;

“(II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and

“(III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General.”

Sec. 103 Adjudicated as a mental defective

(a)

In general— Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

“(36) The term adjudicated as a mental defective shall—

“(A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and

“(B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services—

“(i) including counseling, medication, or testing to determine compliance with prescribed medications; and

“(ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug.

“(37) The term committed to a mental institution shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto.”

(b)

Limitation— An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a).

(c)

NICS Improvement Amendments Act of 2007— Section 3 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following:

“(2) Mental health terms

“(A) In general—Except as provided in subparagraph (B), the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section 921(a) of title 18, United States Code.

“(B) Exception—For purposes of sections 102 and 103, the terms adjudicated as a mental defective and committed to a mental institution shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment.”

Sec. 104 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 Protection Act (18 U.S.C. 922 note), as amended by section 102 of this Act, is amended by adding at the end the following:

“(G) Application to Federal courts—In this paragraph—

“(i) the terms department or agency of the United States and Federal department or agency include a Federal court; and

“(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.”