Implementation assistance to States

34 U.S.C. § 40913

• Title: 34 — Crime Control and Law Enforcement
• Chapter: SUBCHAPTER I—TRANSMITTAL OF RECORDS

Text

(a) Authorization
From amounts made available to carry out this section and subject to section 40912(b)(1)(B) of this title, 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.
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, 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 identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18 to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;
(5) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks;
(6) collect and analyze data needed to demonstrate levels of State compliance with this chapter; and
(7) maintain the relief from disabilities program 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 Attorney 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 Attorney General for the full amount of the grant received under this section.
(e) Authorization of appropriations
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.
For each of fiscal years 2018 through 2022, the Attorney General shall create a priority area under the NICS Act Record Improvement Program (commonly known as "NARIP") for a Domestic Abuse and Violence Prevention Initiative that emphasizes the need for grantees to identify and upload all felony conviction records and domestic violence records.
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 described 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 efforts 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 pursuant to section 922(t) of title 18.
(g) Technical assistance
The Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation to—
(1) assist States that are not currently eligible 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.

History

(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

Editorial Notes

Codification
Section was formerly classified in a note under section 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), inserted before semicolon at end ", including through increased 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 allocations for fiscal years 2009 to 2013.
Subsec. (g). Pub. L. 115–141, §603(b)(3), added subsec. (g).