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 SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
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(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
07:12 Jan 26, 2009