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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 34 U.S.C. § 40917 Implementation plan us united_states_code code_section 34 CRIME CONTROL AND LAW ENFORCEMENT 409 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 40917 34 U.S.C. § 40917 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip /us/usc/t34/s40917 data/legal/raw/us/code/title-34/usc34.xml bc5dbb5d0f5fa0262173c5066290900d171d9e43efb9f511c9ef27a49067f500 7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3 bfefebb155dc2a03dbae8a5650bd54ecdbdac21c0528a2a40035e89b0e1d84a7 2026-07-04 official
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34 U.S.C. § 40917 - Implementation plan

Text

(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 18 11 So in original. Probably should be followed by a period.

(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.

(Pub. L. 110180, title I, § 107, as added Pub. L. 115141, div. S, title VI, § 605(a), Mar. 23, 2018, 132 Stat. 1137.)