Title 34 — NavyRelease 119-73

§40917 Implementation plan

Title 34 › Subtitle Subtitle IV— - Criminal Records and Information › Chapter CHAPTER 409— - NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Subchapter SUBCHAPTER I— - TRANSMITTAL OF RECORDS › § 40917

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must, within one year after March 23, 2018, make a plan for each State and Indian tribal government to better coordinate and automate sending certain records to the National Instant Criminal Background Check System (NICS) and to check those records for accuracy over a four-year period. The records covered are only about people listed in 18 U.S.C. 922(g) or 922(n). States and tribes must help make the plans. Each plan must include yearly benchmarks with clear goals, measures, and a needs assessment that estimates compliance costs. Every year after a plan starts, the Attorney General will decide if each State or tribe met the benchmarks. The Attorney General must publish on the Department of Justice website the names of those that did not meet them and explain why, including what kinds and amounts of records are missing. If a government later meets the benchmarks, the Attorney General must correct the published record and remove it within 3 days. For fiscal years 2018 through 2022, grant applications from States or tribes that are found in substantial compliance must be given preference.

Full Legal Text

Title 34, §40917

Navy — Source: USLM XML via OLRC

(a)Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 40901 of this title and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18 11 So in original. Probably should be followed by a period.

(b)Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including—

(1)qualitative goals and quantitative measures; and

(2)a needs assessment, including estimated compliance costs.

(c)Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.

(d)The Attorney General—

(1)shall disclose and publish, including on the website of the Department of Justice—

(A)the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and

(B)a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and

(2)if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall—

(A)immediately correct the applicable record; and

(B)not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.

(e)For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited.

Reference

Citations & Metadata

Citation

34 U.S.C. § 40917

Title 34 — Navy

Last Updated

Apr 6, 2026

Release point: 119-73