Sec. 2. Penalties for States that do not make data electronically available to the national instant criminal background check
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Section 102(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended to read as follows: Not later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting of records or making of records available to the National Instant Criminal Background Check System, during a 4-year period specified in the plan. Each plan required under paragraph
(1)shall include annual benchmarks, including qualitative goals and quantitative measures, to enable the Attorney General to assess implementation of the plan. During the 4-year period covered by the plan required under paragraph (1), the Attorney General shall withhold— 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established pursuant to paragraph
(2)for the first year in the 4-year period; 11 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established pursuant to paragraph
(2)for the second year in the 4-year period; 13 percent of the amount that would otherwise be allocated to a State under section 505 of title I the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established pursuant to paragraph
(2)for the third year in the 4-year period; and 15 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established pursuant to paragraph
(2)for the fourth year in the 4-year period. A State with respect to which a plan is not established under paragraph
(1)shall be treated as having not met any benchmark established pursuant to paragraph (2). Not later than 1 year after the date of enactment of this subsection, and each year thereafter, the Attorney General shall publish a report on the website of the Department of Justice on whether each State is in compliance with the benchmarks established pursuant to paragraph (2). .
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Sec. 2
Penalties for States that do not make data electronically available to the national instant criminal background check
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