OPM: NARIP

Connecticut Criminal Justice Data Improvement Programs

  {NARIP - NICS Act Record Improvement Programs}

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{TOP of page} Program Description

The National Instant Criminal Background Check System (NICS) is administered by the Federal Bureau of Investigations (FBI). A NICS check includes a check of three databases maintained by the FBI, including the:

  • Interstate Identification Index (III), a database of criminal history record information,
  • National Crime Information Center (NCIC), which includes information on persons subject to civil protection orders and arrest warrants, and
  • NICS Index, which includes the information contributed by federal and state agencies identifying persons prohibited from possessing firearms who are not included in the III or NCIC, such as persons with a prohibiting mental health history or who are illegal or unlawful aliens.

If a NICS check identifies a person as falling within a prohibited category, the FBI advises the FFL (Federal Firearms Licensee) that the transfer is "denied." Individuals can appeal denials and seek the correction of any inaccurate or incomplete information in the FBI databases by either applying to the FBI or the federal or state agency that contributed the information to the FBI.

The NICS Improvement Amendments Act of 2007, Public Law No: 110-180 ("NICS Improvement Act"), was signed into law by the President on January 8, 2008. The NICS Improvement Act amends the Brady Handgun Violence Prevention Act of 1993 ("The Brady Act") (Pub. L. 103-159), under which the Attorney General established the National Instant Criminal Background Check System (NICS). The Brady Act requires Federal Firearms Licensees (FFLs) to contact the NICS before transferring a firearm to an unlicensed person for information on whether the proposed transferee is prohibited from receiving or possessing a firearm under state or federal law.

 


{TOP of page} Program Objective Statement

The NICS Improvement Act was enacted in the wake of the April 2007 shooting tragedy at Virginia Tech. The Virginia Tech shooter was able to purchase firearms from an  FFL (Federal Firearms Licensee) because information about his prohibiting mental health history was not available to the NICS and the system was therefore unable to deny the transfer of the firearms used in the shootings. The NICS Improvement Act seeks to address the gap in information available to NICS about such prohibiting mental health adjudications and commitments and other prohibiting backgrounds. Filling these information gaps will better enable the system to operate as intended to keep guns out of the hands of persons prohibited by federal or state law from receiving or possessing firearms.

The National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP) is funded by the U.S. Department of Justice, Office of Justice Programs (OJP), Bureau of Justice Statistics (BJS). This program implements the provisions of the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 (Public Law No: 110-180) enacted on January 8, 2008.

This program furthers the U.S. Department of Justice's mission to improve records utilized by NICS by providing assistance to states to improve the completeness, automation, and transmittal of records to state and federal systems. Such records include automated information needed by the NICS to identify felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, prohibiting mental health adjudications and commitments, domestic violence protection orders, and misdemeanor crimes of domestic violence, and others, which may disqualify an individual from possessing or receiving a firearm under federal law.

The NIAA has provisions that require states to meet specified goals for completeness of the records submitted to the Attorney General on individuals prohibited by federal law from possessing firearms. The records covered include automated information needed by the NICS to identify felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, prohibiting mental health adjudications and commitments, domestic violence protection orders, and misdemeanor crimes of domestic violence. The Act provides for a number of incentives for states to meet the goals it sets for greater record completeness:

  • First, the Act allows states to obtain a waiver, beginning in 2011, of the state matching requirement under the NCHIP grant program, if a state provides at least 90 percent of its records identifying persons in specified prohibited categories;
  • Second, the Act authorizes grant programs described herein, which, pursuant to the Act, are being administered consistent with NCHIP, for state executive and judicial agencies to establish and upgrade information automation and identification technologies for timely submission of final criminal record dispositions and other information relevant to NICS checks; and
  • Finally, the Act provides for discretionary and mandatory Byrne Justice Assistance Grant (JAG) program funding penalties, (unless the penalties are waived by the Attorney General for good cause), beginning 3 years after enactment, for non-compliance with specified record completeness requirements within specified timeframes: after 3 years, 3 percent may be withheld in the case of less than 50 percent completeness; after 5 years, 4 percent may be withheld in the case of less than 70 percent completeness; and after 10 years, 5 percent shall be withheld in the case of less than 90 percent completeness.

Questions and Answers

 


{TOP of page} Eligibility

Under the NARIP, states are eligible applicants. States and Courts may submitt separate applications, however in Connecticut we are working as a collaborative team and have submitted a single application on behalf of the State. The application is submitted by the agency designated by the Governor. States may receive successive awards over time, assuming the availability of funds.

 
{TOP of page} Grant Activity

Connecticut was just awarded a one year grant ($3,250,000) to plan and to partially design and implement state projects to improve the completeness, automation, and transmittal of records to state and federal systems.  The grant is designed to provide in part the research necessary for policy makers to make decisions regarding the improvements in information needed by the NICS.

Current and Past Program Announcements 

To date there have been three (3) years of federal funding appropriated for States and State Court Systems thru the solicitations listed below:

 FY 2009 NICS Act Record Improvement Program (NARIP) Solicitation

The State of Connecticut submitted it's application for the 2009 fiscal year funding, however, it was denied due to unresolved State legislation needed to meet the fundamental eligibility requirements. With a total appropriation of $2,506,731, the following awards were made to individual States:

$   937,411 - New York Division of Criminal Justice Services (37%)
$   798,471 - Nevada Department of Public Safety (32%)
$   770,849 - Oregon State Police (31%)
$2,506,731

 FY 2010 NICS Act Record Improvement Program (NARIP) Solicitation

The State of Connecticut submitted it's application for the 2010 fiscal year funding, however, it was denied due to unresolved State legislation needed to meet the fundamental eligibility requirements. With a total appropriation of $16,906,134, the following awards were made to individual States:

$ 5,994,588 - New York Division of Criminal Justice Services (35%)
$ 3,159,228 - Florida Department of Law Enforcement (19%)
$ 2,000,000 - Oregon State Police (12%)
$ 1,949,578 - Idaho State Police and the Idaho courts system (12%)
$ 1,209,500 - Illinois State Police  (7%)
$    981,372 - Wisconsin Office of Justice Assistance (6%)
$    860,331 - New Jersey Administrative Office of the Courts (5%)
$    751,537 - Texas Department of Public Safety (4%)
$16,906,134

 FY 2011 NICS Act Record Improvement Program (NARIP) Solicitation

The State of Connecticut submitted it's application for the 2011 fiscal year funding, and met all elibility requirements. With a total appropriation of $16,400,000, Connecticut just recieved notice that it will be awarded:

$ 3,250,000 - Connecticut Office of Policy and Management (20%)

 

Please refer to the table under Grant Activity, above, for the Cooperative Agreement Award period.

Composite applications for succeeding year funding are generally prepared during the months of June and July to respond to an application due date usually near the end of July. With this schedule, a supplemental award is usually made during the month of September. In addition, supplemental programs or redistribution of authorized federal funds may provide opportunities for additional funds within a fiscal year.


{TOP of page} Statutory References

The NARIP is authorized by the NICS Improvement Amendments Act of 2007 (P.L. 110-180), enacted on January 8, 2008. Among other things, the Act provides that the grants are to be made in a manner consistent with BJSís NCHIP Program. Therefore, NARIP application procedures parallel the provisions of the Crime Identification Technology Act of 1998 that guide NCHIP and implement the requirements of ó

The Crime Identification Technology Act of 1998 (CITA), Pub. L. No. 109-162, 112 Stat.1871 (1998), codified at 42 USC Section 14601 et seq.;

The Brady Handgun Violence Prevention Act (Brady Act), Pub. L. No. 103-159, 107 Stat.1536 (1993), codified as amended at 18 U.S.C. Section 921 et seq.;

The National Child Protection Act of 1993 (NCPA), Pub. L. No. 103-209, 107 Stat. 2490 (1993), codified as amended at 42 U.S.C. Sections 3759, 5101 note, 5119, 5119a, 5119b, 5119c;

Those provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act), Pub. L. No. 90-351, 82 Stat. 197 (1968), codified as amended at 42 U.S.C. Section 3711 et seq., as amended; and the Violent Crime Control and Law Enforcement Act of 1994 (Violent Crime Control Act), Pub. L. No.103 322, 108 Stat. 1796 (1994), codified as amended at 42 U.S.C. Section 13701 et seq., which pertain to the establishment, maintenance, analysis, or use of criminal history records and criminal record systems;

Relevant requirements of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, Pub. L. No. 103-322, 108 Stat. 2038, Megan's Law, Pub.L. No. 104-145, 110 Stat. 1345, and the Pam Lychner Sexual Offender Tracking and Identification Act of 1996, Pub. L. No. 104-236, 110 Stat. 3093; and Title 1 of the Adam Walsh Child Protection and Safety Act of 2006, Pub L. 109-248; and

The Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000) and related laws pertaining to the identification, collection, analysis and interstate exchange of records relating to domestic violence and stalking (including protection orders).

{TOP of page} Regulatory References

None.


{TOP of page} Funding Source(s)

The NARIP grant program is funded with 100% federal funds with no state funding match requirements. Please refer to the table under Grant Activity and the Statutory References, above, for the funding sources.

{TOP of page} Account Number

Please refer to the table under Grant Activity, above, for the Cooperative Agreement Award Number.

{TOP of page} Catalogue of Federal Domestic Assistance (CFDA) Number

16.813


{TOP of page} General Statement of Process

Law enforcement agencies, judicial process agencies, offender management agencies, and agencies supporting criminal justice information systems apply for project funds thorough the Office of Policy and Management, Policy Development and Planning Division.

A composite application is prepared from individual project applications for each of the grant programs. The composite application is developed in consideration of the integration of criminal justice data, available or potential funding, and the specific grant program requirements. Upon receipt of a grant award or funding for the composite application, individual project awards are made to the criminal justice agency of cognizance or the initiator of the project application. Overall grant administration is carried out by the Office of Policy and Management, Policy Development and Planning Division; the project awards are administered by the Office of Policy and Management.

 
 

{TOP of page} Resources and Related Links

 NARIP Requirements

Connecticut Legislation (Public Act 11-134) -- 
 
Connecticut NIAA Estimates
 
 
   
BJS Reports
 
Background Checks for Firearm Transfers - Annual Series of Statistical Tables

{TOP of page} Contact Information

For questions or information regarding the administration of these grants or about upcoming meetings, please contact:

 
 




Content Last Modified on 9/20/2011 11:21:02 AM