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34 U.S.C. § 40917 — Implementation plan

submitted 8 years ago by Pub. L. 110-180 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 407 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General must make a 4-year plan with each state and tribe to improve background-check record reporting, track their progress each year, and publicly name those that fall short. States that comply get preference for certain grants.

(a) In general: By one year after March 23, 2018, the Attorney General, working with the states and Indian tribal governments, must create a plan for each state or tribe. The goal is to get as much coordination and automation as possible in reporting records to NICS (the background-check system under section 40901) and checking that those records are accurate, over a 4-year period set in the plan. The plan only covers records about people described in 18 U.S.C. § 922(g) or (n) - people banned from having guns for reasons like felony convictions or being under indictment.

(b) Benchmark requirements: Each plan must include yearly benchmarks so the Attorney General can track progress. These benchmarks must include (1) goals that can be measured both by quality and by numbers, and (2) an assessment of what's needed, including estimated costs to comply.

(c) Compliance determination: After each fiscal year following a plan's creation, the Attorney General must decide whether the state or tribe substantially met its benchmarks.

(d) Accountability: The Attorney General must (1) publicly post - including on the Department of Justice website - the name of any state or tribe that failed to substantially comply for the past fiscal year, along with the reasons why, including as much detail as possible about what types and amounts of records are missing; and (2) if that state or tribe later achieves substantial compliance, immediately fix the posted record and remove it from the website and anywhere else it was published within 3 days of the compliance finding.

(e) Incentives: For fiscal years 2018 through 2022, the Attorney General must give a funding preference in Bureau of Justice Assistance discretionary grants to any state or tribe found substantially compliant for the year the grant was applied for.

the actual law source: uscode.house.gov ↗public domain
(a) In general

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 181

(b) Benchmark requirements

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) Compliance determination

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) Accountability

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) Incentives

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.

Source credit: (Pub. L. 110–180, title I, § 107, as added Pub. L. 115–141, div. S, title VI, § 605(a), Mar. 23, 2018, 132 Stat. 1137.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 110-180 · 132 Stat. 1137

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-180 on 2018-03-23.

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