---
kind: "section"
citation: "34 U.S.C. § 40914"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40914"
heading: "Penalties for noncompliance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40914"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 409 — National Instant Criminal Background Check System"
  - "Subchapter I — Transmittal of Records"
---

# §40914. Penalties for noncompliance

- (a) **Attorney General report—**
  - (1) **In general—** Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the [States](/usc/34/40104.md?p=11) in automating the databases containing information described under sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title, and in providing that information pursuant to the requirements of sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title.
  - (2) **Authorization of appropriations—** There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out [paragraph (1)](#a-1).
- (b) **Penalties—**
  - (1) **Discretionary reduction—**
    - (A) During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a [State](/usc/34/40104.md?p=11) under [section 10156 of this title](/usc/34/10156.md) if the [State](/usc/34/40104.md?p=11) provides less than 50 percent of the records required to be provided under sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title.
    - (B) During the 5-year period after the expiration of the period referred to in [subparagraph (A)](#b-1-A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a [State](/usc/34/40104.md?p=11) under [section 10156 of this title](/usc/34/10156.md) if the [State](/usc/34/40104.md?p=11) provides less than 70 percent of the records required to be provided under sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title.
  - (2) **Mandatory reduction—** After the expiration of the periods referred to in [paragraph (1)](#b-1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a [State](/usc/34/40104.md?p=11) under [section 10156 of this title](/usc/34/10156.md), if the [State](/usc/34/40104.md?p=11) provides less than 90 percent of the records required to be provided under sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title.
  - (3) **Waiver by Attorney General—** The Attorney General may waive the applicability of [paragraph (2)](#b-2) to a [State](/usc/34/40104.md?p=11) if the [State](/usc/34/40104.md?p=11) provides substantial evidence, as determined by the Attorney General, that the [State](/usc/34/40104.md?p=11) is making a reasonable effort to comply with the requirements of sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title, including an inability to comply due to [court order](/usc/34/40903.md?p=1) or other legal restriction.
- (c) **Reallocation—** Any funds that are not allocated to a [State](/usc/34/40104.md?p=11) because of the failure of the [State](/usc/34/40104.md?p=11) to comply with the requirements of this chapter shall be reallocated to [States](/usc/34/40104.md?p=11) that meet such requirements.
- (d) **Methodology—** The method established to calculate the number of records to be reported, as set forth in [section 40912(b)(1)(A) of this title](/usc/34/40912.md?p=b-1-A), and [State](/usc/34/40104.md?p=11) compliance with the required level of reporting under sections [40912](/usc/34/40912.md) and [40913](/usc/34/40913.md) of this title shall be determined by the Attorney General. The Attorney General shall calculate the methodology based on the total number of records to be reported from all subcategories of records, as described in [section 40912(b)(1)(C) of this title](/usc/34/40912.md?p=b-1-C).

## Source credit

(Pub. L. 110–180, title I, § 104, Jan. 8, 2008, 121 Stat. 2568.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.