34 U.S.C. § 40901 — Establishment

Page 620 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40743 amounts received under the grant under this section shall be used to supplement, not sup- plant, State funds that would otherwise be available for the purpose described in sub- section (a). (3) Other requirements The Attorney General shall require a State seeking a grant under this section to docu- ment how such State will use the grant to meet expenses associated with a State’s imple- mentation or planned implementation of a DNA arrestee collection process. (c) Grant allocation (1) In general The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to imple- ment a DNA arrestee collection process. Sub- ject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eli- gible State. (2) Maximum grant allocation In the case of a State seeking a grant under this section with respect to the implementa- tion of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 per- cent of the first year costs to the State of im- plementing such process. (d) Grant conditions As a condition of receiving a grant under this section, a State shall have a procedure in place to— (1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclu- sion in the index; (2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and (3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party. (Pub. L. 112–253, § 3, Jan. 10, 2013, 126 Stat. 2408.) Editorial Notes CODIFICATION Section was formerly classified to section 14137a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40743. Expungement of profiles The expungement requirements under section 12592(d) of this title shall apply to any DNA pro- file or DNA data collected pursuant to this sub- chapter for purposes of inclusion in the National DNA Index System. (Pub. L. 112–253, § 4, Jan. 10, 2013, 126 Stat. 2408.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified prin- cipally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14137b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40744. Offset of funds appropriated Any funds appropriated to carry out this sub- chapter, not to exceed $10,000,000 for each of fis- cal years 2013 through 2015, shall be derived from amounts appropriated pursuant to subsection (j) of section 40701 of this title in each such fiscal year for grants under such section. (Pub. L. 112–253, § 5, Jan. 10, 2013, 126 Stat. 2409.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified prin- cipally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14137c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. CHAPTER 409—NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Sec. 40901. Establishment. 40902. Findings. 40903. Definitions. SUBCHAPTER I—TRANSMITTAL OF RECORDS 40911. Enhancement of requirement that Federal de- partments and agencies provide relevant in- formation to the National Instant Criminal Background Check System. 40912. Requirements to obtain waiver. 40913. Implementation assistance to States. 40914. Penalties for noncompliance. 40915. Relief from disabilities program required as condition for participation in grant pro- grams. 40916. Illegal immigrant gun purchase notification. 40917. Implementation plan. SUBCHAPTER II—FOCUSING FEDERAL ASSIST- ANCE ON THE IMPROVEMENT OF RELEVANT RECORDS 40931. Continuing evaluations. SUBCHAPTER III—GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMA- TION AND TRANSMITTAL OF DISPOSITION RECORDS 40941. Disposition records automation and trans- mittal improvement grants. § 40901. 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 Page 621 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40901 national instant criminal background check system and the means by which State crimi- nal records systems and the telephone or elec- tronic 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 capac- ity 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 tele- phone or by other electronic means in addition to the telephone, for information, to be sup- plied immediately, on whether receipt of a firearm by a prospective transferee would vio- late section 922 of title 18 or State law. (2) Voluntary background checks (A) In general Not later than 90 days after June 25, 2022, the Attorney General shall promulgate regu- lations allowing licensees to use the na- tional instant criminal background check system established under this section for purposes of voluntarily conducting an em- ployment background check relating to a current or prospective employee. The Attor- ney General may not collect a fee for an em- ployment background check under this sub- paragraph. (B) Notice Before conducting an employment back- ground check relating to a current or pro- spective employee under subparagraph (A), a licensee shall— (i) provide written notice to the current or prospective employee that the licensee intends to conduct the background check; and (ii) obtain consent to conduct the back- ground check from the current or prospec- tive employee in writing. (C) Exemption An employment background check con- ducted by a licensee under subparagraph (A) shall not be governed by the Fair Credit Re- porting Act (15 U.S.C. 1681 et seq.). (D) Appeal Any individual who is the subject of an employment background check conducted by a licensee under subparagraph (A) the result of which indicates that the individual is pro- hibited from possessing a firearm or ammu- nition pursuant to subsection (g) or (n) of section 922 of title 18 may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm. (c) Expedited action by the Attorney General The Attorney General shall expedite— (1) the upgrading and indexing of State criminal history records in the Federal crimi- nal records system maintained by the Federal Bureau of Investigation; (2) the development of hardware and soft- ware systems to link State criminal history check systems into the national instant crimi- nal background check system established by the Attorney General pursuant to this section; and (3) the current revitalization initiatives by the Federal Bureau of Investigation for tech- nologically advanced fingerprint and criminal records identification. (d) Notification of licensees On establishment of the system under this sec- tion, the Attorney General shall notify each li- censee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (e) Administrative provisions (1) Authority to obtain official information (A) In general Notwithstanding any other law, the Attor- ney General may secure directly from any department or agency of the United States such information on persons for whom re- ceipt of a firearm would violate subsection (g) or (n) of section 922 of title 18 or State law, as is necessary to enable the system to operate in accordance with this section. (B) Request of attorney general On request of the Attorney General, the head of such department or agency shall fur- nish electronic versions of the information described under subparagraph (A) to the sys- tem. (C) Quarterly submission to Attorney Gen- eral If a Federal department or agency under subparagraph (A) has any record of any per- son demonstrating that the person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, the head of such department or agency shall, not less frequently than quarterly, provide the pertinent information contained in such record to the Attorney General. (D) Information updates The Federal department or agency, on being made aware that the basis under which a record was made available under subpara- graph (A) does not apply, or no longer ap- plies, shall— (i) update, correct, modify, or remove the record from any database that the agency maintains and makes available to the Attorney General, in accordance with the rules pertaining to that database; and (ii) notify the Attorney General that such basis no longer applies so that the National Instant Criminal Background Check System is kept up to date. The Attorney General upon receiving notice pursuant to clause (ii) shall ensure that the record in the National Instant Criminal Page 622 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40901 Background Check System is updated, cor- rected, modified, or removed within 30 days of receipt. (E) Annual report The Attorney General shall submit an an- nual report to Congress that describes the compliance of each department or agency with the provisions of this paragraph. (F) Semiannual certification and reporting (i) In general The head of each Federal department or agency shall submit a semiannual written certification to the Attorney General indi- cating whether the department or agency is in compliance with the record submis- sion requirements under subparagraph (C). (ii) Submission dates The head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)— (I) not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and (II) not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney Gen- eral, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year. (iii) Contents A certification required under clause (i) shall state, for the applicable period— (I) the total number of records of the Federal department or agency dem- onstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18; (II) for each category of records de- scribed in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and (III) the efforts of the Federal depart- ment or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or in- accuracies. (G) Implementation plan (i) In general Not later than 1 year after March 23, 2018, the head of each Federal department or agency, in coordination with the Attor- ney General, shall establish a plan to en- sure maximum coordination and auto- mated reporting or making available of records to the Attorney General as re- quired under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The records shall be limited to those of an indi- vidual described in subsection (g) or (n) of section 922 of title 18. (ii) Benchmark requirements Each plan established under clause (i) shall include annual benchmarks to enable the Attorney General to assess implemen- tation of the plan, including— (I) qualitative goals and quantitative measures; (II) measures to monitor internal com- pliance, including any reporting failures and inaccuracies; (III) a needs assessment, including es- timated compliance costs; and (IV) an estimated date by which the Federal department or agency will fully comply with record submission require- ments under subparagraph (C). (iii) Compliance determination Not later than the end of each fiscal year beginning after the date of the establish- ment of a plan under clause (i), the Attor- ney General shall determine whether the applicable Federal department or agency has achieved substantial compliance with the benchmarks included in the plan. (H) Accountability The Attorney General shall publish, in- cluding on the website of the Department of Justice, and submit to the Committee on the Judiciary and the Committee on Appropria- tions of the Senate and the Committee on the Judiciary and the Committee on Appro- priations of the House of Representatives a semiannual report that discloses— (i) the name of each Federal department or agency that has failed to submit a re- quired certification under subparagraph (F); (ii) the name of each Federal department or agency that has submitted a required certification under subparagraph (F), but failed to certify compliance with the record submission requirements under sub- paragraph (C); (iii) the name of each Federal depart- ment or agency that has failed to submit an implementation plan under subpara- graph (G); (iv) the name of each Federal depart- ment or agency that is not in substantial compliance with an implementation plan under subparagraph (G); (v) a detailed summary of the data, bro- ken down by department or agency, con- tained in the certifications submitted under subparagraph (F); (vi) a detailed summary of the contents and status, broken down by department or agency, of the implementation plans es- tablished under subparagraph (G); and (vii) the reasons for which the Attorney General has determined that a Federal de- partment or agency is not in substantial compliance with an implementation plan established under subparagraph (G). Page 623 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40901 (I) Noncompliance penalties For each of fiscal years 2019 through 2022, each political appointee of a Federal depart- ment or agency that has failed to certify compliance with the record submission re- quirements under subparagraph (C), and is not in substantial compliance with an imple- mentation plan established under subpara- graph (G), shall not be eligible for the re- ceipt of bonus pay, excluding overtime pay, until the department or agency— (i) certifies compliance with the record submission requirements under subpara- graph (C); or (ii) achieves substantial compliance with an implementation plan established under subparagraph (G). (J) Technical assistance The Attorney General may use funds made available for the national instant criminal background check system established under subsection (b) to provide technical assist- ance to a Federal department or agency, at the request of the department or agency, in order to help the department or agency com- ply with the record submission requirements under subparagraph (C). (K) Application to Federal courts For purposes of this paragraph— (i) the terms ‘‘department or agency of the United States’’ and ‘‘Federal depart- ment or agency’’ include a Federal court; and (ii) the Director of the Administrative Office of the United States Courts shall perform, for a Federal court, the functions assigned to the head of a department or agency. (2) Other authority The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accord- ance with this section. (f) Written reasons provided on request If the national instant criminal background check system determines that an individual is ineligible to receive a firearm and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, with- in 5 business days after the date of the request. (g) Correction of erroneous system information If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective trans- feree would violate subsection (g) or (n) of sec- tion 922 of title 18 or State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the rea- sons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General informa- tion to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately con- sider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal de- partment or agency or any State that was the source of such erroneous records. For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General re- ceives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available under subsection (k), the Attorney General may use such sums as are necessary and otherwise available for the salaries and expenses of the Federal Bureau of Investigation to com- ply with this subsection. (h) Regulations After 90 days’ notice to the public and an op- portunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the informa- tion of the system established under this sec- tion. (i) Prohibition relating To establishment of reg- istration systems with respect to firearms No department, agency, officer, or employee of the United States may— (1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political sub- division thereof; or (2) use the system established under this sec- tion to establish any system for the registra- tion of firearms, firearm owners, or firearm transactions or dispositions, except with re- spect to persons, prohibited by section 922(g) or (n) of title 18 or State law, from receiving a firearm. (j) Definitions As used in this section: (1) Licensee The term ‘‘licensee’’ means a licensed im- porter (as defined in section 921(a)(9) of title 18), a licensed manufacturer (as defined in sec- tion 921(a)(10) of that title), or a licensed deal- er (as defined in section 921(a)(11) of that title). (2) Other terms The terms ‘‘firearm’’, ‘‘handgun’’, ‘‘licensed importer’’, ‘‘licensed manufacturer’’, and ‘‘li- censed dealer’’ have the meanings stated in section 921(a) of title 18, as amended by sub- section (a)(2). (k) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to enable the Attorney General to carry out this section. (l) Requirements relating to background checks for persons under age 21 If a licensee contacts the system established under this section regarding a proposed transfer Page 624 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40901 of a firearm to a person less than 21 years of age in accordance with subsection (t) of section 922 of title 18, the system shall— (1) immediately contact— (A) the criminal history repository or ju- venile justice information system, as appro- priate, of the State in which the person re- sides for the purpose of determining whether the person has a possibly disqualifying juve- nile record under subsection (d) of such sec- tion 922; (B) the appropriate State custodian of mental health adjudication records in the State in which the person resides to deter- mine whether the person has a possibly dis- qualifying juvenile record under subsection (d) of such section 922; and (C) a local law enforcement agency of the jurisdiction in which the person resides for the purpose of determining whether the per- son has a possibly disqualifying juvenile record under subsection (d) of such section 922; (2) as soon as possible, but in no case more than 3 business days, after the licensee con- tacts the system, notify the licensee whether cause exists to further investigate a possibly disqualifying juvenile record under subsection (d) of such section 922; and (3) if there is cause for further investigation, as soon as possible, but in no case more than 10 business days, after the licensee contacts the system, notify the licensee whether— (A) transfer of a firearm to the person would violate subsection (d) of such section 922; or (B) receipt of a firearm by the person would violate subsection (g) or (n) of such section 922, or State, local, or Tribal law. (Pub. L. 103–159, title I, § 103, Nov. 30, 1993, 107 Stat. 1541; Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994, 108 Stat. 2074; Pub. L. 104–294, title VI, § 603(h), (i)(1), Oct. 11, 1996, 110 Stat. 3504; Pub. L. 110–180, title I, § 101(a), Jan. 8, 2008, 121 Stat. 2561; Pub. L. 115–141, div. S, title VI, § 602, Mar. 23, 2018, 132 Stat. 1132; Pub. L. 117–159, div. A, title II, §§ 12001(a)(2), (3), 12004(h)(1), June 25, 2022, 136 Stat. 1323, 1324, 1330.) AMENDMENT OF SUBSECTION (l) For repeal of amendment by section 12001(a)(3) of Pub. L. 117–159, see Termination Date of 2022 Amendment note below. Editorial Notes REFERENCES IN TEXT The Fair Credit Reporting Act, referred to in subsec. (b)(2)(C), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. CODIFICATION Section was enacted as part of the Brady Handgun Violence Prevention Act, and not as part of the NICS Improvement Amendments Act of 2007 which comprises this chapter. Section was formerly classified as a note under sec- tion 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–159, § 12004(h)(1), des- ignated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (l). Pub. L. 117–159, § 12001(a)(2), (3), tempo- rarily added subsec. (l). See Termination Date of 2022 Amendment note below. 2018—Subsec. (e)(1)(F) to (K). Pub. L. 115–141, § 602(1), added subpars. (F) to (K). Subsec. (g). Pub. L. 115–141, § 602(2), inserted at end ‘‘For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addi- tion to any funds made available under subsection (k), the Attorney General may use such sums as are nec- essary and otherwise available for the salaries and ex- penses of the Federal Bureau of Investigation to com- ply with this subsection.’’ 2008—Subsec. (e)(1). Pub. L. 110–180 designated first and second sentences as subpars. (A) and (B), respec- tively, inserted subpar. headings, substituted ‘‘furnish electronic versions of the information described under subparagraph (A)’’ for ‘‘furnish such information’’ in subpar. (B), and added subpar. (C). 1996—Subsecs. (e)(1), (g). Pub. L. 104–294, § 603(h), made technical amendment to reference in original act which appears in text as reference to subsection (g) or (n) of section 922 of title 18. Subsec. (i)(2). Pub. L. 104–294, § 603(h), made technical amendment to reference in original act which appears in text as reference to section 922(g) or (n) of title 18. Subsec. (k). Pub. L. 104–294, § 603(i)(1), amended direc- tory language of Pub. L. 103–322, § 210603(b). See 1994 Amendment note below. 1994—Subsec. (k). Pub. L. 103–322, § 210603(b), as amended by Pub. L. 104–294, § 603(i)(1), struck out ‘‘, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31’’ after ‘‘authorized to be appropriated’’. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 2022 AMENDMENT Amendment by section 12001(a)(2) of Pub. L. 117–159 repealed effective Sept. 30, 2032, and section restored as if such amendment had not been enacted, see section 12001(a)(3) of Pub. L. 117–159, set out as an Effective and Termination Dates of 2022 Amendment note under sec- tion 922 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 603(i)(1) of Pub. L. 104–294 ef- fective as if the amendment had been included in sec- tion 210603(b) of Pub. L. 103–322 on Sept. 13, 1994, see sec- tion 603(i)(2) of Pub. L. 104–294, set out as a note under section 40302 of this title. SHORT TITLE For short title of Pub. L. 110–180, which is classified to this chapter, as the ‘‘NICS Improvement Amend- ments Act of 2007’’, see section 1(a) of Pub. L. 110–180, set out as a Short Title of 2008 Act note under section 10101 of this title. STATUTORY CONSTRUCTION; EVIDENCE Nothing in amendment made by section 12004(h)(1) of Pub. L. 117–159 to be construed to create a cause of ac- tion against any person licensed as an importer, manu- facturer, or dealer of firearms under chapter 44 of Title 18, Crimes and Criminal Procedure, or any other person for any civil liability or to establish any standard of care, with additional provision relating to nonadmissi- Page 625 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40901 bility of evidence, see section 12004(h)(4) of Pub. L. 117–159, set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure. Nothing in amendment made by section 12004(h)(1) of Pub. L. 117–159 to be construed to allow the establish- ment of a Federal system of registration of firearms, firearms owners, or firearms transactions or disposi- tions, see section 12004(k) of Pub. L. 117–159, set out as a Rule of Construction note under section 922 of Title 18, Crimes and Criminal Procedure. REPORT ON REMOVING OUTDATED, EXPIRED, OR ERRONEOUS RECORDS Pub. L. 117–159, div. A, title II, § 12001(b), June 25, 2022, 136 Stat. 1324, provided that: ‘‘(1) IN GENERAL.—On an annual basis for each fiscal year through fiscal year 2032, each State and Federal agency responsible for the submission of disqualifying records under subsection (d), (g), or (n) of section 922 of title 18, United States Code, to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Rep- resentatives a report detailing the removal from the system of records that no longer prohibit an individual from lawfully acquiring or possessing a firearm under such subsection (d), (g), or (n). ‘‘(2) CONTENTS.—Each report submitted by a State or Federal agency under paragraph (1) shall include perti- nent information on— ‘‘(A) the number of records that the State or Fed- eral agency removed from the national instant crimi- nal background check system established under sec- tion 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) during the reporting period; ‘‘(B) why the records were removed; and ‘‘(C) for each record removed, the nature of the dis- qualifying characteristic outlined in subsection (d), (g), or (n) of section 922 of title 18, United States Code, that caused the State or Federal agency to originally submit the record to the system.’’ DESTRUCTION OF IDENTIFYING INFORMATION FOR PER- SONS NOT PROHIBITED FROM POSSESSING OR RECEIV- ING FIREARMS Pub. L. 112–55, div. B, title V, § 511, Nov. 18, 2011, 125 Stat. 632, provided that: ‘‘Hereafter, none of the funds appropriated pursuant to this Act [div. B of Pub. L. 112–55, see Tables for classification] or any other provi- sion of law may be used for— ‘‘(1) the implementation of any tax or fee in connec- tion with the implementation of subsection [sic] 922(t) of title 18, United States Code; and ‘‘(2) any system to implement subsection [sic] 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying infor- mation submitted by or on behalf of any person who has been determined not to be prohibited from pos- sessing or receiving a firearm no more than 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospec- tive transferee would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–58, title VI, § 634, Sept. 29, 1999, 113 Stat. 473. Pub. L. 105–277, div. A, § 101(h) [title VI, § 655], Oct. 21, 1998, 112 Stat. 2681–480, 2681–530. IDENTIFICATION OF FELONS AND OTHER PERSONS INELIGIBLE TO PURCHASE HANDGUNS Pub. L. 100–690, title VI, § 6213, Nov. 18, 1988, 102 Stat. 4360, provided that: ‘‘(a) IDENTIFICATION OF FELONS INELIGIBLE TO PUR- CHASE HANDGUNS.—The Attorney General shall develop a system for immediate and accurate identification of felons who attempt to purchase 1 or more firearms but are ineligible to purchase firearms by reason of section 922(g)(1) of title 18, United States Code. The system shall be accessible to dealers but only for the purpose of determining whether a potential purchaser is a con- victed felon. The Attorney General shall establish a plan (including a cost analysis of the proposed system) for implementation of the system. In developing the system, the Attorney General shall consult with the Secretary of the Treasury, other Federal, State, and local law enforcement officials with expertise in the area, and other experts. The Attorney General shall begin implementation of the system 30 days after the report to the Congress as provided in subsection (b). ‘‘(b) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act [Nov. 18, 1988], the Attorney General shall report to the Congress a description of the system referred to in subsection (a) and a plan (including a cost analysis of the proposed system) for implementation of the system. Such report may include, if appropriate, recommendations for modifications of the system and legislation necessary in order to fully implement such system. ‘‘(c) ADDITIONAL STUDY OF OTHER PERSONS INELIGIBLE TO PURCHASE FIREARMS.—The Attorney General in con- sultation with the Secretary of the Treasury shall con- duct a study to determine if an effective method for immediate and accurate identification of other persons who attempt to purchase 1 or more firearms but are in- eligible to purchase firearms by reason of section 922(g) of title 18, United States Code. In conducting the study, the Attorney General shall consult with the Secretary of the Treasury, other Federal, State, and local law en- forcement officials with expertise in the area, and other experts. Such study shall be completed within 18 months after the date of the enactment of this Act [Nov. 18, 1988] and shall be submitted to the Congress and made available to the public. Such study may in- clude, if appropriate, recommendations for legislation. ‘‘(d) DEFINITIONS.—As used in this section, the terms ‘firearm’ and ‘dealer’ shall have the meanings given such terms in section 921(a) of title 18, United States Code.’’ Executive Documents TRACING OF FIREARMS IN CONNECTION WITH CRIMINAL INVESTIGATIONS Memorandum of President of the United States, Jan. 16, 2013, 78 F.R. 4301, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Reducing violent crime, and gun-related crime in par- ticular, is a top priority of my Administration. A key component of this effort is ensuring that law enforce- ment agencies at all levels—Federal, State, and local— utilize those tools that have proven most effective. One such tool is firearms tracing, which significantly as- sists law enforcement in reconstructing the transfer and movement of seized or recovered firearms. Respon- sibility for conducting firearms tracing rests with the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Over the years, fire- arms tracing has significantly assisted law enforce- ment in solving violent crimes and generating thou- sands of leads that may otherwise not have been avail- able. Firearms tracing provides two principal benefits. First, tracing is an important investigative tool in in- dividual cases, providing law enforcement agents with critical information that may lead to the apprehension of suspects, the recovery of other guns used in the com- mission of crimes, and the identification of potential witnesses, among other things. Second, analysis of tracing data in the aggregate provides valuable intel- ligence about local, regional, and national patterns re- lating to the movement and sources of guns used in the commission of crimes, which is useful for the effective Page 626 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40902 deployment of law enforcement resources and develop- ment of enforcement strategies. Firearms tracing is a particularly valuable tool in detecting and inves- tigating firearms trafficking, and has been deployed to help combat the pernicious problem of firearms traf- ficking across the Southwest border. The effectiveness of firearms tracing as a law en- forcement intelligence tool depends on the quantity and quality of information and trace requests sub- mitted to ATF. In fiscal year 2012, ATF processed ap- proximately 345,000 crime-gun trace requests for thou- sands of domestic and international law enforcement agencies. The Federal Government can encourage State and local law enforcement agencies to take advantage of the benefits of tracing all recovered firearms, but Federal law enforcement agencies should have an obli- gation to do so. If Federal law enforcement agencies do not conscientiously trace every firearm taken into cus- tody, they may not only be depriving themselves of critical information in specific cases, but may also be depriving all Federal, State, and local agencies of the value of complete information for aggregate analyses. Maximizing the effectiveness of firearms tracing, and the corresponding impact on combating violent crimes involving firearms, requires that Federal law enforce- ment agencies trace all recovered firearms taken into Federal custody in a timely and efficient manner. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: SECTION 1. Firearms Tracing. (a) Federal law enforce- ment agencies shall ensure that all firearms recovered after the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF at the earliest time prac- ticable. Federal law enforcement agencies, as well as other executive departments and agencies, are encour- aged, to the extent practicable, to take steps to ensure that firearms recovered prior to the date of this memo- randum in the course of criminal investigations and taken into Federal custody are traced through ATF. (b) Within 30 days of the date of this memorandum, ATF will issue guidance to Federal law enforcement agencies on submitting firearms trace requests. (c) Within 60 days of the date of this memorandum, Federal law enforcement agencies shall ensure that their operational protocols reflect the requirement to trace recovered firearms through ATF. (d) Within 90 days of the date of this memorandum, each Federal law enforcement agency shall submit a re- port to the Attorney General affirming that its oper- ational protocols reflect the requirements set forth in this memorandum. (e) For purposes of this memorandum, ‘‘Federal law enforcement agencies’’ means the Departments of State, the Treasury, Defense, Justice, the Interior, Ag- riculture, Energy, Veterans Affairs, and Homeland Se- curity, and such other agencies and offices that regu- larly recover firearms in the course of their criminal investigations as the President may designate. SEC. 2. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise affect the authority granted by law to a department or agen- cy, or the head thereof. (b) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 3. Publication. The Attorney General is author- ized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. PROMOTING SMART GUN TECHNOLOGY Memorandum of President of the United States, Jan. 4, 2016, 81 F.R. 719, provided: Memorandum for the Secretary of Defense[,] the At- torney General[, and] the Secretary of Homeland Secu- rity For more than 20 years, the Federal Government has worked to keep guns out of the wrong hands through background checks. This critical effort in addressing gun violence has prevented more than two million pro- hibited firearms purchases from being completed. But tens of thousands of people are still injured or killed by firearms every year—in many cases by guns that were sold legally but then stolen, misused, or discharged ac- cidentally. Developing and promoting technology that would help prevent these tragedies is an urgent pri- ority. In 2013, I directed the Department of Justice to re- view the availability and most effective use of new gun safety technologies, such as devices requiring a scan of the owner’s fingerprint before a gun can fire. In its re- port, the Department made clear that technological ad- vancements in this area could help reduce accidental deaths and the use of stolen guns in criminal activities. Millions of dollars have already been invested to sup- port research into a broad range of concepts for im- proving gun safety. We must all do our part to continue to advance this research and encourage its practical ap- plication, and it is possible to do so in a way that makes the public safer and is consistent with the Sec- ond Amendment. The Federal Government has a unique opportunity to do so, as it is the single largest pur- chaser of firearms in the country. Therefore, by the au- thority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: SECTION 1. Research and Development. The Department of Defense, the Department of Justice, and the Depart- ment of Homeland Security (departments) shall, to the extent practicable and permitted by law, conduct or sponsor research into gun safety technology that would reduce the frequency of accidental discharge or unau- thorized use of firearms, and improve the tracing of lost or stolen guns. Not later than 90 days after the date of this memorandum, the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security shall prepare jointly a report outlining a re- search and development strategy designed to expedite the real-world deployment of such technology for use in practice. SEC. 2. Department Consideration of New Technology. The departments shall, to the extent permitted by law, regularly (a) review the availability of the technology described in section 1, and (b) explore potential ways to further its use and development to more broadly im- prove gun safety. In connection with these efforts, the departments shall consult with other agencies that ac- quire firearms and take appropriate steps to consider whether including such technology in specifications for acquisition of firearms would be consistent with oper- ational needs. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 4. Publication. The Attorney General is hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 40902. Findings Congress finds the following: