34 U.S.C. § 40913 — Implementation assistance to States

Page 632 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40913 sons prohibited from possessing or receiving a firearm under section 922(g)(4) of title 18, the At- torney General shall work with States and local law enforcement and the mental health commu- nity to establish regulations and protocols for protecting the privacy of information provided to the system. The Attorney General shall make every effort to meet with any mental health group seeking to express its views concerning these regulations and protocols and shall seek to develop regulations as expeditiously as prac- ticable. (e) Attorney General report Not later than January 31 of each year, the Attorney General shall submit to the Com- mittee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsection (b) and in making that information electronically avail- able to the Attorney General pursuant to the re- quirements of subsection (c). (Pub. L. 110–180, title I, § 102, Jan. 8, 2008, 121 Stat. 2564; Pub. L. 115–141, div. S, title VI, § 603(a), Mar. 23, 2018, 132 Stat. 1135.) 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. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 603(a)(1), sub- stituted ‘‘section 40301 of this title’’ for ‘‘the Crime Identification Technology Act of 1988 (42 U.S.C. 14601)’’ and inserted ‘‘is in compliance with an implementation plan established under subsection (b) or’’ before ‘‘pro- vides at least 90 percent of the information described in subsection (c)’’. Subsec. (b)(1)(B). Pub. L. 115–141, § 603(a)(2), inserted ‘‘or has established an implementation plan under sec- tion 40917 of this title’’ after ‘‘the Attorney General’’. § 40913. 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, the Attorney Gen- eral shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improve- ment Program, which shall be used by the States and Indian tribal governments, in con- junction 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 per- cent of each grant under this paragraph shall be used to maintain the relief from disabilities program in accordance with section 40915 of this title. (2) Grants to Indian tribes Up to 5 percent of the grant funding avail- able under this section may be reserved for In- dian tribal governments, including tribal judi- cial 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’’), includ- ing court disposition and corrections records; (2) assist States in establishing or enhancing their own capacities to perform NICS back- ground checks; (3) supply accurate and timely information to the Attorney General concerning final dis- positions of criminal records to databases accessed by NICS, including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations; (4) supply accurate and timely information to the Attorney General concerning the iden- tity of persons who are prohibited from ob- taining a firearm under section 922(g)(4) of title 18 to be used by the Federal Bureau of In- vestigation solely to conduct NICS back- ground checks; (5) supply accurate and timely court orders and records of misdemeanor crimes of domes- tic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; (6) collect and analyze data needed to dem- onstrate levels of State compliance with this chapter; and (7) maintain the relief from disabilities pro- gram in accordance with section 40915 of this title, but not less than 3 percent, and no more than 10 percent of each grant shall be used for this purpose. (c) Eligibility To be eligible for a grant under this section, a State shall certify, to the satisfaction of the At- torney General, that the State has implemented a relief from disabilities program in accordance with section 40915 of this title. (d) Condition As a condition of receiving a grant under this section, a State shall specify the projects for which grant amounts will be used, and shall use such amounts only as specified. A State that violates this subsection shall be liable to the At- torney General for the full amount of the grant received under this section. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $125,000,000 for fiscal year 2009, $250,000,000 for fiscal year 2010, $250,000,000 for fiscal year 2011, $125,000,000 for fiscal year 2012, $125,000,000 for fiscal year 2013, and $125,000,000 for each of fiscal years 2018 through 2022. (2) Domestic Abuse and Violence Prevention Initiative (A) Establishment For each of fiscal years 2018 through 2022, the Attorney General shall create a priority Page 633 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40914 area under the NICS Act Record Improve- ment Program (commonly known as ‘‘NARIP’’) for a Domestic Abuse and Vio- lence Prevention Initiative that emphasizes the need for grantees to identify and upload all felony conviction records and domestic violence records. (B) Funding The Attorney General— (i) may use not more than 50 percent of the amounts made available under this subsection for each of fiscal years 2018 through 2022 to carry out the initiative de- scribed in subparagraph (A); and (ii) shall give a funding preference under NARIP to States that— (I) have established an implementation plan under section 40917 of this title; and (II) will use amounts made available under this subparagraph to improve ef- forts to identify and upload all felony conviction records and domestic violence records described in clauses (i), (v), and (vi) of section 40912(b)(1)(C) of this title by not later than September 30, 2022. (f) User fee The Federal Bureau of Investigation shall not charge a user fee for background checks pursu- ant to section 922(t) of title 18. (g) Technical assistance The Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, To- bacco, Firearms, and Explosives, and the Fed- eral Bureau of Investigation to— (1) assist States that are not currently eligi- ble for grants under this section to achieve compliance with all eligibility requirements; and (2) provide technical assistance and training services to grantees under this section. (Pub. L. 110–180, title I, § 103, Jan. 8, 2008, 121 Stat. 2567; Pub. L. 115–141, div. S, title VI, § 603(b), Mar. 23, 2018, 132 Stat. 1135.) 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. AMENDMENTS 2018—Subsec. (b)(3). Pub. L. 115–141, § 603(b)(1), in- serted before semicolon at end ‘‘, including through in- creased efforts to pre-validate the contents of those records to expedite eligibility determinations’’. Subsec. (e)(1). Pub. L. 115–141, § 603(b)(2)(A), struck out ‘‘and’’ after ‘‘2012,’’ and inserted before period at end ‘‘, and $125,000,000 for each of fiscal years 2018 through 2022’’. Subsec. (e)(2). Pub. L. 115–141, § 603(b)(2)(B), added par. (2) and struck out former par. (2) which related to allo- cations for fiscal years 2009 to 2013. Subsec. (g). Pub. L. 115–141, § 603(b)(3), added subsec. (g). § 40914. 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 Com- mittee 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 con- taining information described under sections 40912 and 40913 of this title, and in providing that information pursuant to the require- ments 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 Gen- eral may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 10156 of this title 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 expira- tion 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 sec- tion 10156 of this title 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 sec- tion 10156 of this title, 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 appli- cability 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 be- cause of the failure of the State to comply with the requirements of this chapter shall be reallo- cated to States that meet such requirements. (d) Methodology The method established to calculate the num- ber of records to be reported, as set forth in sec- tion 40912(b)(1)(A) of this title, and State compli- ance with the required level of reporting under sections 40912 and 40913 of this title shall be de- termined by the Attorney General. The Attor- ney General shall calculate the methodology based on the total number of records to be re- ported from all subcategories of records, as de- scribed in section 40912(b)(1)(C) of this title. (Pub. L. 110–180, title I, § 104, Jan. 8, 2008, 121 Stat. 2568.)