34 U.S.C. § 40104 — Definitions

Page 590 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40104 former section 3759(b) of Title 42, The Public Health and Welfare. Section was formerly classified to section 5119b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1998—Subsec. (b)(2). Pub. L. 105–251 substituted ‘‘1999, 2000, 2001, and 2002’’ for ‘‘1994, 1995, 1996, and 1997’’. 1994—Subsec. (b)(1)(E). Pub. L. 103–322, which directed the amendment of subsec. (b) by adding subpar. (E) at the end, was executed by adding subpar. (E) at the end of par. (1) of subsec. (b) to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993 For appropriations for amounts authorized in subsec. (b) of this section from the Violent Crime Reduction Trust Fund established by section 12631 of this title, see section 210603(a) of Pub. L. 103–322, set out as a note under section 922 of Title 18, Crimes and Criminal Pro- cedure. § 40104. Definitions For the purposes of this chapter— (1) the term ‘‘authorized agency’’ means a division or office of a State designated by a State to report, receive, or disseminate infor- mation under this chapter; (2) the term ‘‘child’’ means a person who is a child for purposes of the criminal child abuse law of a State; (3) the term ‘‘child abuse crime’’ means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treat- ment, or maltreatment of a child by any per- son; (4) the term ‘‘child abuse crime informa- tion’’ means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, finger- prints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the dis- position of the charge, and any other informa- tion that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime; (5) the term ‘‘care’’ means the provision of care, treatment, education, training, instruc- tion, supervision, or recreation to children, the elderly, or individuals with disabilities; (6) the term ‘‘identifiable child abuse crime case’’ means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by ref- erence to the statutory citation or descriptive label of the crime as it appears in the criminal history record; (7) the term ‘‘individuals with disabilities’’ means persons with a mental or physical im- pairment who require assistance to perform one or more daily living tasks; (8) the term ‘‘national criminal history background check system’’ means the crimi- nal history record system maintained by the Federal Bureau of Investigation based on fin- gerprint identification or any other method of positive identification; (9) the term ‘‘covered individual’’ means an individual— (A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified enti- ty; and (B) who— (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or (ii) owns or operates, or seeks to own or operate, a qualified entity; (10) the term ‘‘qualified entity’’ means a business or organization, whether public, pri- vate, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that li- censes or certifies others to provide care or care placement services; (11) the term ‘‘State’’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Is- lands, Guam, and the Trust Territories of the Pacific; and (12) the term ‘‘designated entity’’ means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title. (Pub. L. 103–209, § 5, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103–322, title XXXII, § 320928(a)(3), (j), Sept. 13, 1994, 108 Stat. 2132, 2133; Pub. L. 107–110, title X, § 1075, Jan. 8, 2002, 115 Stat. 2090; Pub. L. 115–141, div. S, title I, § 101(a)(2), Mar. 23, 2018, 132 Stat. 1126.) Editorial Notes CODIFICATION Section was formerly classified to section 5119c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (9). Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term ‘‘provider’’. Par. (12). Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12). 2002—Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted before semicolon at end ‘‘(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)’’. Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before semicolon at end ‘‘(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)’’. 1994—Par. (5). Pub. L. 103–322, § 320928(a)(3)(A), amend- ed par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘the term ‘child care’ means the provision of care, treatment, education, training, instruction, su- pervision, or recreation to children by persons having unsupervised access to a child;’’. Pars. (6), (7). Pub. L. 103–322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively. Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10). Pub. L. 103–322, § 320928(a)(3)(B), substituted ‘‘care’’ for ‘‘child care’’ wherever appearing. Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesig- nated pars. (7) to (9) as (9) to (11), respectively. 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