34 USC 40913 - Implementation assistance to States

U.S Code last checked for updates: May 08, 2024

§ 40913.

Implementation assistance to States

(a)

Authorization

(1)

In general

(2)

Grants to Indian tribes

(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

(d)

Condition

(e)

Authorization of appropriations

(1)

In general

(2)

Domestic Abuse and Violence Prevention Initiative

(A)

Establishment

(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 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

(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.

(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.)

cite as: 34 USC 40913