Sec. 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System
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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: Within 1 year after the date of the 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 established under section 103 of the Brady Handgun Violence Prevention Act, during a 4-year period specified in the plan.
Each such plan 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 such a plan, the Attorney General shall withhold the following percentage of the amount that would otherwise be allocated to a State under section 505 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 under paragraph
(2)for the following year in the period: 10 percent, in the case of the 1st year in the period. 11 percent, in the case of the 2nd year in the period. 13 percent, in the case of the 3rd year in the period. 15 percent, in the case of the 4th year in the 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 under paragraph (2). .
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Sec. 101
Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System
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