be determined by the Attorney General, after consultation with the States, in accordance with the following: (A) A record of an individual convicted of a misdemeanor crime of domestic violence shall be counted as accessible through the National Instant Criminal Background Check System if a record identifying the individual has been submitted to the NICS Index or a record identifies the individual in the Interstate Identification Index and the record in the Interstate Identification Index either complies with paragraph (c)(2) of section 102 of the NICS Amendment Improvements Act of 2007 ( 34 U.S.C. 40912 ), or otherwise clearly indicates that the person is ineligible to purchase or possess firearms as a result of the conviction. (B) A record of an individual subject to a court order described in section 922(g)(8) of title 18, United States Code shall be counted as accessible through the National Instant Criminal Background Check System if either a record identifying the individual has been submitted to the NICS Index, or the individual is identified in the Protection Order File of the National Crime Information Center and the record in the Protection Order File of the National Crime Information Center clearly indicates that the person is ineligible to purchase or possess firearms as a result of the court order. (5) Grant eligibility Starting in each year as stated below, a State shall not be eligible for a grant under this section for purposes that do not contribute to the accessibility of the records described in paragraph (2) through the National Instant Criminal Background Check System, unless at least the following percentage of such records from that State are accessible through the National Instant Criminal Background Check System, as determined by the Attorney General in accordance with paragraph (4): (A) 30 percent of such records, starting 2021