**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) 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 substan
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Stable record: federal_law:legal_authorities:record_usc_8942a3f0f2ab035e9969bf43 Source file: Laws/federal/codes/united-states-code/title-34/section-40901-implementation-plan--6146f6b641.md Pages: Not recorded – Not recorded Passage SHA-256: a66d30ddd65ce75d5bd737b54d690fe6d1d6082d64317dc74856ed1abc0d78f8 Retained source evidence SHA-256: 66cf5f54e0dbdcf47d5abf0c807d529b530a7325a5e5f381e92040db66f92cb0
Source location: Title 34, Chapter 409, § 40901; chapter-409-national-instant-criminal-background-check-system.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 40901. Establishment
(a) Determination of timetables
Not later than 6 months after November 30,
1993, the Attorney General shall—
(1) determine the type of computer hardware
and software that will be used to operate the
Page 621
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 40901
national instant criminal background check
system and the means by which State crimi-
nal records systems and the telephone or elec-
tronic device of licensees will communicate
with the national system;
(2) investigate the criminal records system
of each State and determine for each State a
timetable by which the State should be able to
provide criminal records on an on-line capac-
ity basis to the national system; and
(3) notify each State of the determinations
made pursuant to paragraphs (1) and (2).
(b) Establishment of system
(1) In general
Not later than 60 months after November 30,
1993, the Attorney General shall establish a
national instant criminal background check
system that any licensee may contact, by tele-
phone or by other electronic means in addition
to the telephone, for information, to be sup-
plied immediately, on whether receipt of a
firearm by a prospective transferee would vio-
late section 922 of title 18 or State law.
(2) Voluntary background checks
(A) In general
Not later than 90 days after June 25, 2022,
the Attorney General shall promulgate regu-
lations allowing licensees to use the na-
tional instant criminal background check
system established under this section for
purposes of voluntarily conducting an em-
ployment background check relating to a
current or prospective employee. The Attor-
ney General may not collect a fee for an em-
ployment background check under this sub-
paragraph.
(B) Notice
Before conducting an employment bac