§40914 Penalties for Noncompliance

Summary

The Attorney General must send a report by January 31 each year to the House and Senate Judiciary Committees about how well states are automating and sharing the records required under sections 40912 and 40913. The Department of Justice can get whatever money is needed to prepare that report. If a state does not give enough records, the Attorney General can hold back some federal money the state would get under section 10156: up to 3% during the 2-year period beginning 3 years after January 8, 2008 if the state provides less than 50% of required records; up to 4% during the 5-year period after that if the state provides less than 70%; and after those periods must hold back 5% if the state provides less than 90%. The Attorney General can waive the 5% holdback if a state shows strong proof it is trying to comply, including being blocked by a court order or other legal limit. Any money not given to noncompliant states is reallocated to states that meet the requirements. The Attorney General also sets the method for counting records and deciding compliance using the total number of records across the subcategories noted in section 40912(b)(1)(C).