34 U.S.C. § 40302 — Funding for improvement of criminal

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- Page 594 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40311 lize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records,’’ for ‘‘files,’’. Par. (1)(C). Pub. L. 115–141, § 604(b)(3)(A), struck out ‘‘upon establishment of the national system,’’ before ‘‘to assist the State’’. Par. (1)(D). Pub. L. 115–141, § 604(b)(2), (3)(B), (4), added subpar. (D). 1996—Par. (2). Pub. L. 104–294, § 603(i)(1), amended di- rectory language of Pub. L. 103–322, § 210603(b). See 1994 Amendment note below. 1994—Par. (2). Pub. L. 103–322, § 210603(b), as amended by Pub. L. 104–294, § 603(i)(1), struck out ‘‘, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code,’’ after ‘‘grants under paragraph (1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–294, title VI, § 603(i)(2), Oct. 11, 1996, 110 Stat. 3504, provided that: ‘‘The amendment made by paragraph (1) [amending section 210603(b) of Pub. L. 103–322, which amended this section and section 40901 of this title] shall take effect as if the amendment had been included in section 210603(b) of the Act referred to in paragraph (1) [Pub. L. 103–322] on the date of the en- actment of such Act [Sept. 13, 1994].’’ SUBCHAPTER II—EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES § 40311. Findings Congress finds that— (1) both the Federal Bureau of Investigation and State criminal history record repositories maintain fingerprint-based criminal history records; (2) these criminal history records are shared and exchanged for criminal justice purposes through a Federal-State program known as the Interstate Identification Index System; (3) although these records are also ex- changed for legally authorized, noncriminal justice uses, such as governmental licensing and employment background checks, the pur- poses for and procedures by which they are ex- changed vary widely from State to State; (4) an interstate and Federal-State compact is necessary to facilitate authorized interstate criminal history record exchanges for non- criminal justice purposes on a uniform basis, while permitting each State to effectuate its own dissemination policy within its own bor- ders; and (5) such a compact will allow Federal and State records to be provided expeditiously to governmental and nongovernmental agencies that use such records in accordance with perti- nent Federal and State law, while simulta- neously enhancing the accuracy of the records and safeguarding the information contained therein from unauthorized disclosure or use. (Pub. L. 105–251, title II, § 212, Oct. 9, 1998, 112 Stat. 1874.) Editorial Notes CODIFICATION Section was formerly classified to section 14611 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of subtitle A of title II of Pub. L. 105–251, which is classified to this subchapter, as the ‘‘National Crime Prevention and Privacy Compact Act of 1998’’, see section 211 of Pub. L. 105–251, set out as a Short Title of 1998 Act note under section 10101 of this title. § 40312. Definitions In this subchapter: (1) Attorney General The term ‘‘Attorney General’’ means the At- torney General of the United States. (2) Compact The term ‘‘Compact’’ means the National Crime Prevention and Privacy Compact set forth in section 40316 of this title. (3) Council The term ‘‘Council’’ means the Compact Council established under Article VI of the Compact. (4) FBI The term ‘‘FBI’’ means the Federal Bureau of Investigation. (5) Party State The term ‘‘Party State’’ means a State that has ratified the Compact. (6) State The term ‘‘State’’ means any State, terri- tory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (Pub. L. 105–251, title II, § 213, Oct. 9, 1998, 112 Stat. 1874.) Editorial Notes CODIFICATION Section was formerly classified to section 14612 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40313. Enactment and consent of the United States The National Crime Prevention and Privacy Compact, as set forth in section 40316 of this title, is enacted into law and entered into by the Federal Government. The consent of Congress is given to States to enter into the Compact. (Pub. L. 105–251, title II, § 214, Oct. 9, 1998, 112 Stat. 1875.) Editorial Notes CODIFICATION Section was formerly classified to section 14613 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40314. Effect on other laws (a) Privacy Act of 1974 Nothing in the Compact shall affect the obli- gations and responsibilities of the FBI under section 552a of title 5 (commonly known as the ‘‘Privacy Act of 1974’’).