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34 U.S.C. § 40917 — Penalties for noncompliance

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40917 — Penalties for noncompliance

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Stable record: federal_law:legal_authorities:record_usc_6c4ab5e5ae13c24fc91294eb
Source file: Laws/federal/codes/united-states-code/title-34/section-40917-penalties-for-noncompliance--d44792e72b.md
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Source location: Title 34, Chapter 409, § 40917; chapter-409-national-instant-criminal-background-check-system.md

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**(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 40912 and 40913 of this title, and in providing that information pursuant to the requirements of sections 40912 and 40913 of this title. (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** (A) 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 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim) if the State provides less than 50 percent of the records required to be provided under sections 40912 and 40913 of this title. (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 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim) if the State provides less than 70 percent of the records required to be provided under sections 40912 and 40913 of this title. (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 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim), if the State provides less than 90 percent of the records required to be provided under sections 40912 and 40913 of this title. (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 40912 and 40913 of this title, 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 chapter 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 40912(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40912/b/1/A&num=0&edition=prelim), and State compliance with the required level of reporting under sections 40912 and 40913 of this title 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 40912(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40912/b/1/C&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 922 — Unlawful acts

**(a)** It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of [section 1715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1715&num=0&edition=prelim), is eligible to receive through the mails pistols, revolvers,

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 922

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10156 — Formula

**(a) Allocation among States** (1) **In general** — Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate— (A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the total population of a State to— (ii) the total population of the United States; and (B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to— (ii) the average annual number of such crimes reported by all States for such years. (2) **Minimum allocation** — If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation State”), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead— (A) allocate 0.25 percent of the total amount to each State; and (B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State. **(b) Allocation between States and units of local government** Of the amounts allocated under subsection (a)— (1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and (2) 40 percent shall be for grants to be allocated under subsection (d). **(c) Allocation for State governments** (1) **In general** — Of the amounts allocated under subsection (b)(1), each State may retain for the

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10156

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40301 — State grant program for criminal justice identification, information, and communication

**(a) In general** Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs relying principally on the expertise of the Bureau of Justice Statistics shall make a grant to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to establish or upgrade an integrated approach to develop information and identification technologies and systems to— (1) upgrade criminal history and criminal justice record systems, including systems operated by law enforcement agencies and courts; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for— (A) criminal justice purposes; (B) firearms eligibility determinations; (C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year 11 So in original. Probably should be followed by a semicolon. (D) identification of sexual offenders; (E) identification of domestic violence offenders; and (F) background checks for other authorized purposes unrelated to criminal justice; and (4) capture information for statistical and research purposes to improve the administration of criminal justice. **(b) Use of grant amounts** Grants under this section may be used for programs to establish, develop, update, or upgrade— (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting; (2) automated fingerprint identification systems that are compatible with standards established by the Natio

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40301

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40302 — Funding for improvement of criminal records

(1) **Grants for the improvement of criminal records** — The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that, as of March 23, 2018, have the lowest percent currency of case dispositions in computerized criminal history files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records, make a grant to each State to be used— (A) for the creation of a computerized criminal history record system or improvement of an existing system; (B) to improve accessibility to the national instant criminal background system; (C) to assist the State in the transmittal of criminal records to the national system; and (D) to establish and achieve compliance with an implementation plan under [section 40917 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40917&num=0&edition=prelim). (2) **Authorization of appropriations** — There are authorized to be appropriated for grants under paragraph (1) a total of $200,000,000 for fiscal year 1994 and all fiscal years thereafter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40302

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40915 — Requirements to obtain waiver

**(a) In general** Beginning 3 years after January 8, 2008, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under [section 40301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40301&num=0&edition=prelim) if the State is in compliance with an implementation plan established under subsection (b) or 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 40914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914&num=0&edition=prelim), 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 40914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914&num=0&edition=prelim), by a date not later than 180 days after January 8, 2008, 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 40914(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40914/d&num=0&edition=prelim), of the number of the records described in subparagraph (C) applicable to 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](https://uscode.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40915

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40916 — Implementation assistance to States

**(a) Authorization** (1) **In general** — From amounts made available to carry out this section and subject to [section 40912(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40912/b/1/B&num=0&edition=prelim), 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 40915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40915&num=0&edition=prelim). (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, inclu

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40916

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 40917 — Implementation plan

Page 634 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40915 1 So in original. Probably should be followed by a period. Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section. § 40915. Relief from disabilities program required as condition for participation in grant pro- grams (a) Program described A relief from disabilities program is imple- mented by a State in accordance with this sec- tion if the program— (1) permits a person who, pursuant to State law, has been adjudicated as described in sub- section (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabil- ities 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, com- mission, or other lawful authority shall grant the relief, pursuant to State law and in ac- cordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the per- son will not be likely to act in a manner dan- gerous to public safety and that the granting of the relief would not be contrary to the pub- lic 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 dis- abilities with respect to firearms If, under a State relief from disabilities pro- gram implemented in accordance with this sec- tion, an application for relief refer

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 40917

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