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

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.

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Stable record: federal_law:legal_authorities:record_usc_e0178bee3ae1b0960c08cc85
Source file: Laws/federal/codes/united-states-code/title-34/section-40302-funding-for-improvement-of-criminal-records--1d64430f43.md
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Source location: Title 34, Chapter 403, § 40302; chapter-403-criminal-justice-identification-information-and-communication.md

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(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.

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

31 U.S.C. § 1115 — Federal Government and agency performance plans

**(a) Federal Government Performance Plans.—** In carrying out the provisions of section 1105(a)(28), the Director of the Office of Management and Budget shall coordinate with agencies to develop the Federal Government performance plan. In addition to the submission of such plan with each budget of the United States Government, the Director of the Office of Management and Budget shall ensure that all information required by this subsection is concurrently made available on a website described in section 1122 and updated periodically, but no less than annually. The Federal Government performance plan shall— (1) establish Federal Government performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year for each of the Federal Government priority goals required under [section 1120(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1120/a&num=0&edition=prelim); (2) identify the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities contributing to each Federal Government performance goal during the current fiscal year; (3) for each Federal Government performance goal, identify, as appropriate, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom— (A) not less than 1 shall be from the Executive Office of the President; and (B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2); (4) establish common Federal Government performance indicators with quarterly targets to be used in measuring or assessing— (A) overall progress toward ea

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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,

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

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

**(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 per

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

34 U.S.C. § 40901 — Implementation plan

**(a) In general** Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under [section 40901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) 11 So in original. Probably should be followed by a period. **(b) Benchmark requirements** Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including— (1) qualitative goals and quantitative measures; and (2) a needs assessment, including estimated compliance costs. **(c) Compliance determination** Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan. **(d) Accountability** The Attorney General— (1) shall disclose and publish, including on the website of the Department of Justice— (A) the name of each State or Indian tribal government that received a determination of failure to achieve substan

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40901

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

34 U.S.C. § 40911 — Establishment

**(a) Determination of timetables** Not later than 6 months after November 30, 1993, the Attorney General shall— (1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system; (2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and (3) notify each State of the determinations made pursuant to paragraphs (1) and (2). **(b) Establishment of system** (1) **In general** — Not later than 60 months after November 30, 1993, the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate [section 922 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) or State law. (2) **Voluntary background checks** (A) *In general* — Not later than 90 days after June 25, 2022, the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of voluntarily conducting an employment background check relating to a current or prospective employee. The Attorney General may not collect a fee for an employment background check under this subparagraph. (B) *Notice* — Before conducting an employment

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40911

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

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

Page 593 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40302 made available under this section to make grants to Indian tribes for use in accordance with this section. (Pub. L. 105–251, title I, § 102, Oct. 9, 1998, 112 Stat. 1871; Pub. L. 106–177, title I, § 102, Mar. 10, 2000, 114 Stat. 35; Pub. L. 106–561, § 2(c)(4), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107–56, title X, § 1015, Oct. 26, 2001, 115 Stat. 400; Pub. L. 109–162, title XI, § 1111(c)(1), Jan. 5, 2006, 119 Stat. 3101; Pub. L. 115–141, div. S, title VI, § 604(a), Mar. 23, 2018, 132 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Section 103(b) of the Brady Handgun Violence Preven- tion Act, referred to in subsecs. (b)(8) and (c)(1), is sec- tion 103(b) of Pub. L. 103–159, which was set out as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901(b) of this title. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2)(G), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part Q of title I of the Act is classified generally to subchapter XVI (§ 10381 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14601 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (a)(3)(C) to (F). Pub. L. 115–141, § 604(a)(1), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively. Subsec. (b)(6). Pub. L. 115–141, § 604(a)(2), substituted ‘‘section 40901(b) of this title’’ for ‘‘section 103(b) of the

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