Sec. 303. Incentives for State compliance with NICS mental health record requirements
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/bill/114/hr/3722/ih/section-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 104(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— by striking paragraphs
(1)and (2); by redesignating paragraph
(3)as paragraph (2); in paragraph (2), as redesignated, by striking of paragraph
(2)and inserting of paragraph
(1); and by inserting before paragraph (2), as redesignated, the following: In this paragraph, the term compliant State means a State that has— provided not less than 90 percent of the records required to be provided under sections 102 and 103; or in effect a statute that— requires the State to provide the records required to be provided under sections 102 and 103; and implements a relief from disabilities program in accordance with section 105. During the period beginning on the date that is 18 months after the enactment of the Mental Health and Safe Communities Act of 2015 and ending on the date that is 5 years after the date of enactment of such Act, the Attorney General— shall use funds appropriated to carry out section 103 of this Act, the excess unobligated balances of the Department of Justice and funds withheld under clause (ii), or any combination thereof, to increase the amounts available under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) for each compliant State in an amount that is not less than 2 percent nor more than 5 percent of the amount that was allocated to such State under such section 505 in the previous fiscal year; and may withhold an amount not to exceed the amount described in clause
(i)that would otherwise be allocated to a State under any section of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) if the State— is not a compliant State; and does not submit an assurance to the Attorney General that— an amount that is not less than the amount described in clause
(i)will be used solely for the purpose of enabling the State to become a compliant State; or the State will hold in abeyance an amount that is not less than the amount described in clause
(i)until such State has become a compliant State. Not later than 180 days after the enactment of the Mental Health and Safe Communities Act of 2015 , the Attorney General shall issue regulations implementing this paragraph. .
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Sec. 303
Incentives for State compliance with NICS mental health record requirements
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