---
kind: "section"
citation: "34 U.S.C. § 40917"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40917"
heading: "Implementation plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40917"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 409 — National Instant Criminal Background Check System"
  - "Subchapter I — Transmittal of Records"
---

# §40917. Implementation plan

- (a) **In general—** Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the [States](/usc/34/40104.md?p=11) and Indian tribal governments, shall establish, for each [State](/usc/34/40104.md?p=11) 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](/usc/34/40901.md) 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](/usc/18/922.md)[^1]
- (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](/usc/34/40104.md?p=11) 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](/usc/34/40104.md?p=11) or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under [subsection (c)](#c) for the preceding fiscal year; and
    - (B) a description of the reasons for which the Attorney General has determined that the [State](/usc/34/40104.md?p=11) 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](/usc/34/40104.md?p=11) or Indian tribal government described in [paragraph (1)](#d-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](/usc/34/40104.md?p=11) or Indian tribal government that received a determination of substantial compliance under [subsection (c)](#c) for the fiscal year in which the grant was solicited.

## Footnotes

[^1]: So in original. Probably should be followed by a period.

## Source credit

(Pub. L. 110–180, title I, § 107, as added Pub. L. 115–141, div. S, title VI, § 605(a), Mar. 23, 2018, 132 Stat. 1137.)