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Managing America: Crime

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Week Ending June 15, 2006

H.R.2640 To improve the National Instant Criminal Background Check System, and for other purposes.

Congress has taken notice that 916,000 individuals out of 49 million were denied purchasing a firearm for failing a background check between November 30 1998 and December 31, 2004. Most of the checks were done through the National Instant Background Check System. Nevertheless the FBI does not have access to 21 million criminal records and million more records are missing critical information such as arrest dispositions. The information is not being update and automated access is limited and could be improved by computerizing important records, disqualifying mental health records in particular.

The bill aims to update those records by requiring any State agency with records that would prohibit the subject from purchasing a firearm to provide that information to the State Attorney General. Equally, existing information that no longer applies would be updated, corrected, modified or removed after notice to the AG. Similar updates would come from the Department of Homeland Security.

The process would be developed further to provide electronic updates when court orders are issued or lifted or for any other significant change in an individual’s eligibility.

Mental health disqualifications may be lifted if a person has been found by the court or other entity to no longer suffer from the condition that the disqualification was based on.

The system would be improved with matching grants to the states but 10% of the match can be waived for two years if the State provides at least 90% of the necessary information required under this act.

 Grantees may use the money to create electronic systems to provide accurate and up to date information, improve States’ ability to do their own background checks and to supply accurate and timely information to the AG.

Grants to State court systems are available to upgrade automations and transmittal of disposition records.

The Director of the Bureau of Justice Statistics is directed to study and evaluate the operations of NICBCS to analyze its operations. A GAO audit  will look to the use of grant funds .

Sponsor:  Rep. Carolyn McCarthy (D-NY-4^th)

Vote: Passed House by voice vote June 12, 2007

Cost to the taxpayers: $250 million yearly through 2010

Earmark Certification:   Not applicable to this bill.

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No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)