34 U.S.C. § 40914: Penalties for noncompliance

Summary

Every year by January 31, the Attorney General must send the House and Senate Judiciary Committees a report on how well the States are automating and sharing the records required under sections 40912 and 40913. Money can be provided to the Justice Department to prepare that report. If a State does not give enough of the required records, the Attorney General can hold back part of certain federal payments to that State in stages. Starting 3 years after January 8, 2008, for a 2-year span the Attorney General can hold back up to 3 percent if a State gives less than 50 percent of the records. For the next 5 years, the Attorney General can hold back up to 4 percent if a State gives less than 70 percent. After those periods, the Attorney General must hold back 5 percent if a State gives less than 90 percent. The Attorney General can waive the 5 percent holdback if a State shows strong evidence it is trying and cannot comply because of a court order or other legal limit. Any funds not given to noncompliant States will be reallocated to States that meet the rules. The Attorney General sets the method for counting records and measuring compliance, using the total of all record subcategories listed in section 40912(b)(1)(C).

Title 34, §40914

Navy, Source: USLM XML via OLRC

(a)Attorney General report

(1)In general

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)Authorization of appropriations

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

(b)Penalties

(1)Discretionary reduction

(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)Mandatory reduction

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)Waiver by Attorney General

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)Reallocation

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)Methodology

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

Citations & Metadata