34 U.S.C. § 40301 — State grant program for criminal justice

Page 591 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40301 1 So in original. Probably should be followed by a semicolon. 2 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. CHAPTER 403—CRIMINAL JUSTICE IDENTI- FICATION, INFORMATION, AND COMMU- NICATION SUBCHAPTER I—CRIME IDENTIFICATION TECHNOLOGY Sec. 40301. State grant program for criminal justice identification, information, and commu- nication. 40302. Funding for improvement of criminal records. SUBCHAPTER II—EXCHANGE OF CRIMINAL HIS- TORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES 40311. Findings. 40312. Definitions. 40313. Enactment and consent of the United States. 40314. Effect on other laws. 40315. Enforcement and implementation. 40316. National Crime Prevention and Privacy Com- pact. SUBCHAPTER I—CRIME IDENTIFICATION TECHNOLOGY § 40301. State grant program for criminal justice identification, information, and communica- tion (a) In general Subject to the availability of amounts pro- vided in advance in appropriations Acts, the Of- fice of Justice Programs relying principally on the expertise of the Bureau of Justice Statistics shall make a grant to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to establish or upgrade an integrated approach to develop infor- mation and identification technologies and sys- tems to— (1) upgrade criminal history and criminal justice record systems, including systems op- erated by law enforcement agencies and courts; (2) improve criminal justice identification; (3) promote compatibility and integration of national, State, and local systems for— (A) criminal justice purposes; (B) firearms eligibility determinations; (C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year 1 (D) identification of sexual offenders; (E) identification of domestic violence of- fenders; and (F) background checks for other author- ized purposes unrelated to criminal justice; and (4) capture information for statistical and research purposes to improve the administra- tion of criminal justice. (b) Use of grant amounts Grants under this section may be used for pro- grams to establish, develop, update, or up- grade— (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition re- porting; (2) automated fingerprint identification sys- tems that are compatible with standards es- tablished by the National Institute of Stand- ards and Technology and interoperable with the Integrated Automated Fingerprint Identi- fication System (IAFIS) of the Federal Bureau of Investigation; (3) finger imaging, live scan, and other auto- mated systems to digitize fingerprints and to communicate prints in a manner that is com- patible with standards established by the Na- tional Institute of Standards and Technology and interoperable with systems operated by States and by the Federal Bureau of Investiga- tion; (4) programs and systems to facilitate full participation in the Interstate Identification Index of the National Crime Information Cen- ter; (5) systems to facilitate full participation in any compact relating to the Interstate Identi- fication Index of the National Crime Informa- tion Center; (6) systems to facilitate full participation in the national instant criminal background check system established under section 40901(b) of this title for firearms eligibility de- terminations, including through increased ef- forts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to es- tablish and achieve compliance with an imple- mentation plan under section 40917 of this title; (7) integrated criminal justice information systems to manage and communicate criminal justice information among law enforcement agencies, courts, prosecutors, and corrections agencies; (8) noncriminal history record information systems relevant to firearms eligibility deter- minations for availability and accessibility to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); 2 (9) court-based criminal justice information systems that promote— (A) reporting of dispositions to central State repositories and to the Federal Bureau of Investigation; and Page 592 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40301 (B) compatibility with, and integration of, court systems with other criminal justice information systems; (10) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Net- work (NIBN); (11) the capabilities of forensic science pro- grams and medical examiner programs related to the administration of criminal justice, in- cluding programs leading to accreditation or certification of individuals or departments, agencies, or laboratories, and programs relat- ing to the identification and analysis of deoxyribonucleic acid; (12) sexual offender identification and reg- istration systems; (13) domestic violence offender identification and information systems; (14) programs for fingerprint-supported background checks capability for noncriminal justice purposes, including youth service em- ployees and volunteers and other individuals in positions of responsibility, if authorized by Federal or State law and administered by a government agency; (15) criminal justice information systems with a capacity to provide statistical and re- search products including incident-based re- porting systems that are compatible with the National Incident-Based Reporting System (NIBRS) and uniform crime reports; (16) multiagency, multijurisdictional com- munications systems among the States to share routine and emergency information among Federal, State, and local law enforce- ment agencies; (17) the capability of the criminal justice system to deliver timely, accurate, and com- plete criminal history record information to child welfare agencies, organizations, and pro- grams that are engaged in the assessment of risk and other activities related to the protec- tion of children, including protection against child sexual abuse, and placement of children in foster care; and (18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs. (c) Assurances (1) In general To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note).2 (2) Information sharing Such assurances shall include a provision that ensures that a statewide strategy for in- formation sharing systems is underway, or will be initiated, to improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice compo- nents, law enforcement, courts, prosecution, corrections, and probation and parole. The strategy shall be prepared after consultation with State and local officials with emphasis on the recommendation of officials whose duty it is to oversee, plan, and implement inte- grated information technology systems, and shall contain— (A) a definition and analysis of ‘‘integra- tion’’ in the State and localities developing integrated information sharing systems; (B) an assessment of the criminal justice resources being devoted to information tech- nology; (C) Federal, State, regional, and local in- formation technology coordination require- ments; (D) an assurance that the individuals who developed the grant application took into consideration the needs of all branches of the State Government and specifically sought the advice of the chief of the highest court of the State with respect to the appli- cation; (E) State and local resource needs; (F) the establishment of statewide prior- ities for planning and implementation of in- formation technology systems; and (G) a plan for coordinating the programs funded under this subchapter with other fed- erally funded information technology pro- grams, including directly funded local pro- grams such as the Edward Byrne Justice As- sistance Grant Program and the M.O.R.E. program established pursuant to part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10381 et seq.]. (d) Matching funds The Federal share of a grant received under this subchapter may not exceed 90 percent of the costs of a program or proposal funded under this subchapter unless the State has achieved com- pliance with an implementation plan under sec- tion 40917 of this title or the Attorney General waives, wholly or in part, the requirements of this subsection. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2018 through 2022. (2) Limitations Of the amount made available to carry out this section in any fiscal year— (A) not more than 3 percent may be used by the Attorney General for salaries and ad- ministrative expenses; (B) not more than 5 percent may be used for technical assistance, training and eval- uations, and studies commissioned by Bu- reau of Justice Statistics of the Department of Justice (through discretionary grants or otherwise) in furtherance of the purposes of this section; and (C) the Attorney General shall ensure the amounts are distributed on an equitable geo- graphic basis. (f) Grants to Indian tribes Notwithstanding any other provision of this section, the Attorney General may use amounts Page 593 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40302 made available under this section to make grants to Indian tribes for use in accordance with this section. (Pub. L. 105–251, title I, § 102, Oct. 9, 1998, 112 Stat. 1871; Pub. L. 106–177, title I, § 102, Mar. 10, 2000, 114 Stat. 35; Pub. L. 106–561, § 2(c)(4), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107–56, title X, § 1015, Oct. 26, 2001, 115 Stat. 400; Pub. L. 109–162, title XI, § 1111(c)(1), Jan. 5, 2006, 119 Stat. 3101; Pub. L. 115–141, div. S, title VI, § 604(a), Mar. 23, 2018, 132 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Section 103(b) of the Brady Handgun Violence Preven- tion Act, referred to in subsecs. (b)(8) and (c)(1), is sec- tion 103(b) of Pub. L. 103–159, which was set out as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901(b) of this title. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2)(G), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part Q of title I of the Act is classified generally to subchapter XVI (§ 10381 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 14601 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (a)(3)(C) to (F). Pub. L. 115–141, § 604(a)(1), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively. Subsec. (b)(6). Pub. L. 115–141, § 604(a)(2), substituted ‘‘section 40901(b) of this title’’ for ‘‘section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)’’ and inserted before semicolon at end ‘‘, including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 40917 of this title’’. Subsec. (d). Pub. L. 115–141, § 604(a)(3), inserted ‘‘the State has achieved compliance with an implementation plan under section 40917 of this title or’’ after ‘‘unless’’. Subsec. (e)(1). Pub. L. 115–141, § 604(a)(4), substituted ‘‘2018 through 2022’’ for ‘‘2002 through 2007’’. 2006—Subsec. (c)(2)(G). Pub. L. 109–162 substituted ‘‘such as the Edward Byrne Justice Assistance Grant Program and the M.O.R.E. program’’ for ‘‘such as the Local Law Enforcement Block Grant program (de- scribed under the heading ‘Violent Crime Reduction Programs, State and Local Law Enforcement Assist- ance’ of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropria- tions Act, 1998 (Public Law 105–119)) and the M.O.R.E. program’’. 2001—Subsec. (b)(18). Pub. L. 107–56, § 1015(1), added par. (18). Subsec. (e)(1). Pub. L. 107–56, § 1015(2), substituted ‘‘this section $250,000,000 for each of fiscal years 2002 through 2007’’ for ‘‘this section $250,000,000 for each of fiscal years 1999 through 2003’’. 2000—Subsec. (b)(17). Pub. L. 106–177 added par. (17). Subsec. (e)(2)(B) to (D). Pub. L. 106–561 inserted ‘‘and’’ after semicolon in subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: ‘‘not less than 20 percent shall be used by the Attorney General for the purposes described in para- graph (11) of subsection (b); and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 applicable with re- spect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. SHORT TITLE For short title of title I of Pub. L. 105–251, which is classified to this subchapter, as the ‘‘Crime Identifica- tion Technology Act of 1998’’, see section 101 of Pub. L. 105–251, set out as a Short Title of 1998 Act note under section 10101 of this title. § 40302. Funding for improvement of criminal records (1) Grants for the improvement of criminal records The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropria- tions and with preference to States that, as of March 23, 2018, have the lowest percent currency of case dispositions in computerized criminal history files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records, make a grant to each State to be used— (A) for the creation of a computerized crimi- nal history record system or improvement of an existing system; (B) to improve accessibility to the national instant criminal background system; (C) to assist the State in the transmittal of criminal records to the national system; and (D) to establish and achieve compliance with an implementation plan under section 40917 of this title. (2) Authorization of appropriations There are authorized to be appropriated for grants under paragraph (1) a total of $200,000,000 for fiscal year 1994 and all fiscal years there- after. (Pub. L. 103–159, title I, § 106(b), Nov. 30, 1993, 107 Stat. 1544; Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994, 108 Stat. 2074; Pub. L. 104–294, title VI, § 603(i)(1), Oct. 11, 1996, 110 Stat. 3504; Pub. L. 115–141, div. S, title VI, § 604(b), Mar. 23, 2018, 132 Stat. 1136.) Editorial Notes CODIFICATION Section is comprised of subsec. (b) of section 106 of Pub. L. 103–159. Subsec. (a) of section 106 of Pub. L. 103–159 amended former section 3759 of Title 42, The Public Health and Welfare. Section was enacted as part of the Brady Handgun Violence Prevention Act and not as part of the Crime Identification Technology Act of 1998 which comprises this subchapter. Section was formerly classified as a note under sec- tion 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (1). Pub. L. 115–141, § 604(b)(1), in introduc- tory provisions, substituted ‘‘, as of March 23, 2018,’’ for ‘‘as of November 30, 1993,’’ and ‘‘files and that will uti-