§40914 — Title 34 Navy | U.S. Code

Summary

The Attorney General must send a report by January 31 each year to the House and Senate Judiciary Committees about how states are doing at automating and sharing the data called for under sections 40912 and 40913. The Department of Justice can get whatever funds are needed to prepare that report. Starting 3 years after January 8, 2008, the Attorney General may withhold up to 3% of money a State would get under section 10156 if the State supplies less than 50% of the required records, and for the next 5 years may withhold up to 4% if the State supplies less than 70%. After those periods, the Attorney General must withhold 5% if a State supplies less than 90% of the records. The Attorney General can waive the 5% rule if a State shows strong evidence it is trying to comply or cannot comply because of a court order or other legal limit. Money not given to noncompliant States will be reallocated to States that do comply. The Attorney General decides how to count records and measure compliance, using the total from all record subcategories listed in section 40912(b)(1)(C).

Title 34, §40914

Navy — Source: USLM XML via OLRC

(a)(1)Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in automating the databases containing information described under section 40912 and 40913 of this title, and in providing that information pursuant to the requirements of section 40912 and 40913 of this title.

(2)There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out paragraph (1).

(b)(1)(A)During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 50 percent of the records required to be provided under section 40912 and 40913 of this title.

(B)During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 70 percent of the records required to be provided under section 40912 and 40913 of this title.

(2)After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 10156 of this title, if the State provides less than 90 percent of the records required to be provided under section 40912 and 40913 of this title.

(3)The Attorney General may waive the applicability of paragraph (2) to a State if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of section 40912 and 40913 of this title, including an inability to comply due to court order or other legal restriction.

(c)Any funds that are not allocated to a State because of the failure of the State to comply with the requirements of this chapter shall be reallocated to States that meet such requirements.

(d)The method established to calculate the number of records to be reported, as set forth in section 40912(b)(1)(A) of this title, and State compliance with the required level of reporting under section 40912 and 40913 of this title shall be determined by the Attorney General. The Attorney General shall calculate the methodology based on the total number of records to be reported from all subcategories of records, as described in section 40912(b)(1)(C) of this title.

Editorial Notes

Codification Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.

§40914 Penalties for noncompliance

Summary

Title 34, §40914

Notes & Related Subsidiaries

Editorial Notes

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