SEC. 102. REQUIREMENTS TO OBTAIN WAIVER. 
(a) IN GENERAL.—Beginning 3 years after the date 
of enactment of this Act, a State shall be eligible to receive 
a waiver of the 10 percent matching requirement for Na-
tional Criminal History Improvement Grants under the 
Crime Identification Technology Act of 1988 (42 U.S.C. 
14601) if the State provides at least 90 percent of the 
information described in subsection (c). The length of such 
a waiver shall not exceed 2 years. 
(b) STATE ESTIMATES.— 
(1) IN GENERAL.—To assist the Attorney Gen-
eral in making a determination under subsection (a) 
of this section, and under section 104, concerning 
the compliance of the States in providing informa-
tion to the Attorney General for the purpose of re-
ceiving a waiver under subsection (a) of this section, 
or facing a loss of funds under section 104, each 
State shall provide the Attorney General with a rea-
sonable estimate, as calculated by a method deter-
mined by the Attorney General, of the number of— 
(A) criminal history records for mis-
demeanors and felonies; 
(B) State criminal history records with dis-
position information; 
(C) active court orders in the State; and
(D) State records of persons adjudicated 
mentally defective or committed to a mental in-
stitution. 
(2) SCOPE.—The Attorney General, in deter-
mining the compliance of a State under this section 
or section 104 of this Act for the purpose of grant-
ing a waiver or imposing a loss of Federal funds, 
shall assess the total percentage of records provided 
by the State concerning any event occurring within 
the prior 30 years, which would disqualify a person 
from possessing a firearm under subsection (g) or 
(n) of section 922 of title 18, United States Code. 
(3) CLARIFICATION.—Notwithstanding para-
graph (2), States shall endeavor to provide the Na-
tional Instant Criminal Background Check System 
with all records concerning persons who are prohib-
ited from possessing or receiving a firearm under 
subsection (g) or (n) of section 922 of title 18, 
United States Code, regardless of the elapsed time 
since the disqualifying event. 
(c) ELIGIBILITY OF STATE RECORDS FOR SUBMIS-
SION
TO
THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM.— 
(1) REQUIREMENTS FOR ELIGIBILITY.—
(A) IN GENERAL.—From information col-
lected by a State, the State shall make elec-
tronically available to the Attorney General 
records relevant to a determination of whether 
a person is disqualified from possessing or re-
ceiving a firearm under subsection (g) or (n) of 
section 922 of title 18, United States Code, or 
applicable State law. 
(B) NICS UPDATES.—The State, on being 
made aware that the basis under which a record 
was made available under subparagraph (A) 
does not apply, or no longer applies, shall, as 
soon as practicable— 
(i) update, correct, modify, or remove 
the record from any database that the 
Federal or State government maintains 
and makes available to the National In-
stant Criminal Background Check System, 
consistent with the rules pertaining to that 
database; or 
(ii) notify the Attorney General that 
such basis no longer applies so that the 
record system in which the record is main-
tained is kept up to date.
(C) CERTIFICATION.—To remain eligible 
for a waiver under subsection (a), a State shall 
certify to the Attorney General, not less than 
once during each 2-year period, that at least 90 
percent of all information described in subpara-
graph (A) has been made electronically avail-
able to the Attorney General in accordance with 
subparagraph (A). 
(D) INCLUSION
OF
ALL
RECORDS.—The 
State shall make every effort to identify and in-
clude all of the records described under sub-
paragraph (A) without regard to the age of the 
record. 
(2) APPLICATION TO PERSONS CONVICTED OF 
MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE.— 
The State shall make available to the Attorney Gen-
eral, for use by the National Instant Criminal Back-
ground Check System, records relevant to a deter-
mination of whether a person has been convicted in 
any court of a misdemeanor crime of domestic vio-
lence. With respect to records relating to such 
crimes, the State shall provide information specifi-
cally describing the offense and the specific section 
or subsection of the offense for which the defendant
has been convicted and the relationship of the de-
fendant to the victim in each case. 
(3) APPLICATION TO PERSONS WHO HAVE BEEN 
ADJUDICATED AS A MENTAL DEFECTIVE OR COM-
MITTED
TO
A
MENTAL
INSTITUTION.—The State 
shall make available to the Attorney General, for use 
by the National Instant Criminal Background Check 
System, the name and other relevant identifying in-
formation of persons adjudicated as mentally defec-
tive or those committed to mental institutions to as-
sist the Attorney General in enforcing section 
922(g)(4) of title 18, United States Code. 
(d) PRIVACY PROTECTIONS.—For any information 
provided to the Attorney General for use by the National 
Instant Criminal Background Check System, relating to 
persons prohibited from possessing or receiving a firearm 
under section 922(g)(4) of title 18, United States Code, 
the Attorney General shall work with States and local law 
enforcement and the mental health community to establish 
regulations and protocols for protecting the privacy of in-
formation 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 regula-
tions and protocols and shall seek to develop regulations 
as expeditiously as practicable.
(e) ATTORNEY GENERAL REPORT.—Not later than 
January 31 of each year, the Attorney General shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives a report on the progress of States in auto-
mating the databases containing the information described 
in subsection (b) and in making that information elec-
tronically available to the Attorney General pursuant to 
the requirements of subsection (c). 
SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—From amounts made avail-
able to carry out this section, the Attorney General 
shall make grants to States and Indian tribal gov-
ernments, in a manner consistent with the National 
Criminal History Improvement Program, which shall 
be used by the States and Indian tribal govern-
ments, in conjunction with units of local government 
and State and local courts, to establish or upgrade 
information and identification technologies for fire-
arms eligibility determinations. 
(2) GRANTS TO INDIAN TRIBES.—Up to 5 per-
cent of the grant funding available under this sec-
tion may be reserved for Indian tribal governments, 
including tribal judicial systems.