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 referred to in sub- section (a)(1) of this section is granted with re- spect to an adjudication or a commitment to a mental institution or based upon a removal of a record under section 40912(c)(1)(B) of this title, the adjudication or commitment, as the case may be, is deemed not to have occurred for pur- poses of subsections (d)(4) and (g)(4) of section 922 of title 18. (Pub. L. 110–180, title I, § 105, Jan. 8, 2008, 121 Stat. 2569.) 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. § 40916. Illegal immigrant gun purchase notifica- tion (a) In general Notwithstanding any other provision of law or of this chapter, all records obtained by the Na- tional Instant Criminal Background Check sys- tem relevant to whether an individual is prohib- ited from possessing a firearm because such per- son is an alien illegally or unlawfully in the United States shall be made available to U.S. Immigration and Customs Enforcement. (b) Regulations The Attorney General, at his or her discretion, shall promulgate guidelines relevant to what records relevant to illegal aliens shall be pro- vided pursuant to the provisions of this chapter. (Pub. L. 110–180, title I, § 106, Jan. 8, 2008, 121 Stat. 2570.) 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. § 40917. 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 es- tablish, for each State or Indian tribal govern- ment, 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 es- tablished under section 40901 of this title 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 1 (b) Benchmark requirements Each plan established under this section shall include annual benchmarks to enable the Attor- ney General to assess the implementation of the plan, including— (1) qualitative goals and quantitative meas- ures; and (2) a needs assessment, including estimated compliance costs. (c) Compliance determination Not later than the end of each fiscal year be- ginning after the date of the establishment of an implementation plan under this section, the At- torney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks in- cluded 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 substantial compliance with an implementation plan under sub- section (c) for the preceding fiscal year; and (B) a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the imple- mentation plan, including, to the greatest Page 635 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40941 extent possible, a description of the types and amounts of records that have not been submitted; and (2) if a State or Indian tribal government de- scribed in paragraph (1) subsequently receives a determination of substantial compliance, shall— (A) immediately correct the applicable record; and (B) not later than 3 days after the deter- mination, remove the record from the website of the Department of Justice and any other location where the record was published. (e) Incentives For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative pref- erence to all Bureau of Justice Assistance dis- cretionary grant applications of a State or In- dian tribal government that received a deter- mination of substantial compliance under sub- section (c) for the fiscal year in which the grant was solicited. (Pub. L. 110–180, title I, § 107, as added Pub. L. 115–141, div. S, title VI, § 605(a), Mar. 23, 2018, 132 Stat. 1137.) SUBCHAPTER II—FOCUSING FEDERAL AS- SISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS § 40931. Continuing evaluations (a) Evaluation required The Director of the Bureau of Justice Statis- tics (referred to in this section as the ‘‘Direc- tor’’) shall study and evaluate the operations of the National Instant Criminal Background Check System. Such study and evaluation shall include compilations and analyses of the oper- ations and record systems of the agencies and organizations necessary to support such System. (b) Report on grants Not later than January 31 of each year, the Di- rector shall submit to Congress a report con- taining the estimates submitted by the States under section 40912(b) of this title. (c) Report on best practices Not later than January 31 of each year, the Di- rector shall submit to Congress, and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States regarding the collection, maintenance, automation, and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by Federal or State law, by the State or any other agency, or any other records rel- evant to the National Instant Criminal Back- ground Check System, that the Director con- siders to be best practices. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013 to complete the studies, evaluations, and reports required under this sec- tion. (Pub. L. 110–180, title II, § 201, Jan. 8, 2008, 121 Stat. 2570.) 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. SUBCHAPTER III—GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVE- MENT IN AUTOMATION AND TRANS- MITTAL OF DISPOSITION RECORDS § 40941. Disposition records automation and transmittal improvement grants (a) Grants authorized From amounts made available to carry out this section, the Attorney General shall make grants to each State, consistent with State plans for the integration, automation, and ac- cessibility of criminal history records, for use by the State court system to improve the auto- mation and transmittal of criminal history dis- positions, records relevant to determining whether a person has been convicted of a mis- demeanor crime of domestic violence, court or- ders, and mental health adjudications or com- mitments, to Federal and State record reposi- tories in accordance with sections 40912 and 40913 of this title and the National Criminal His- tory Improvement Program. (b) Grants to Indian tribes Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judi- cial systems. (c) Use of funds Amounts granted under this section shall be used by the State court system only— (1) to carry out, as necessary, assessments of the capabilities of the courts of the State for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Fed- eral and State record repositories; and (2) to implement policies, systems, and pro- cedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commit- ments to Federal and State record reposi- tories. (d) Eligibility To be eligible to receive a grant under this section, a State shall certify, to the satisfaction of the Attorney General, that the State has im- plemented a relief from disabilities program in accordance with section 40915 of this title. (e) Authorization of appropriations There are authorized to be appropriated to the Attorney General to carry out this section $62,500,000 for fiscal year 2009, $125,000,000 for fis- cal year 2010, $125,000,000 for fiscal year 2011, $62,500,000 for fiscal year 2012, and $62,500,000 for fiscal year 2013. (Pub. L. 110–180, title III, § 301, Jan. 8, 2008, 121 Stat. 2571.)