34 U.S.C. § 10231 — Confidentiality of information

Page 72 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10231 2093, 2096; Pub. L. 103–322, title XXXIII, § 330001(h)(12), Sept. 13, 1994, 108 Stat. 2139.) Editorial Notes CODIFICATION Section was formerly classified to section 3789f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 811 of Pub. L. 90–351 was classified to section 3789 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1994—Subsec. (e). Pub. L. 103–322 substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assist- ance Administration’’. 1984—Subsecs. (a), (b). Pub. L. 98–473, § 609B(j)(1), sub- stituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statistics’’ wherever appearing. Subsecs. (d) to (f). Pub. L. 98–473, § 609B(j)(2), (3), re- designated subsecs. (e) and (f) as (d) and (e), respec- tively, and struck out former subsec. (d) relating to civil rights regulations and conforming changes of the regulations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(j) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. § 10231. Confidentiality of information (a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings No officer or employee of the Federal Govern- ment, and no recipient of assistance under the provisions of this chapter shall use or reveal any research or statistical information furnished under this chapter by any person and identifi- able to any specific private person for any pur- pose other than the purpose for which it was ob- tained in accordance with this chapter. Such in- formation and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such informa- tion, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings. (b) Criminal history information; disposition and arrest data; procedures for collection, stor- age, dissemination, and current status; secu- rity and privacy; availability for law enforce- ment, criminal justice, and other lawful pur- poses; automated systems: review, challenge, and correction of information All criminal history information collected, stored, or disseminated through support under this chapter shall contain, to the maximum ex- tent feasible, disposition as well as arrest data where arrest data is included therein. The col- lection, storage, and dissemination of such in- formation shall take place under procedures rea- sonably designed to insure that all such infor- mation is kept current therein; the Office of Justice Programs shall assure that the security and privacy of all information is adequately pro- vided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an indi- vidual who believes that criminal history infor- mation concerning him contained in an auto- mated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to ob- tain a copy of it for the purpose of challenge or correction. (c) Criminal intelligence systems and informa- tion; prohibition against violation of privacy and constitutional rights of individuals All criminal intelligence systems operating through support under this chapter shall collect, maintain, and disseminate criminal intelligence information in conformance with policy stand- ards which are prescribed by the Office of Jus- tice Programs and which are written to assure that the funding and operation of these systems furthers the purpose of this chapter and to as- sure that such systems are not utilized in viola- tion of the privacy and constitutional rights of individuals. (d) Violations; fine as additional penalty Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law. (Pub. L. 90–351, title I, § 812, formerly § 818, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1213; renumbered § 812 and amended Pub. L. 98–473, title II, § 609B(f), (k), Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 109–162, title XI, § 1115(c), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3789g of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 812 of Pub. L. 90–351 was classified to section 3789a of Title 42, The Public Health and Wel- fare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–162 substituted ‘‘No’’ for ‘‘Except as provided by Federal law other than this chapter, no’’. 1984—Subsecs. (b), (c). Pub. L. 98–473, 609B(k), sub- stituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statistics’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(k) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. CONSTRUCTION Terms ‘‘this chapter’’ and ‘‘this section’’, as such terms appear in this section, deemed to be references to chapter 501 and section 50105 of this title, respectively, Page 73 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10236 and reference to the Office of Justice Programs in this section deemed to be a reference to the Attorney Gen- eral, see section 50105 of this title. § 10232. Administration of juvenile delinquency programs The Director of the National Institute of Jus- tice and the Director of the Bureau of Justice Statistics shall work closely with the Adminis- trator of the Office of Juvenile Justice and De- linquency Prevention in developing and imple- menting programs in the juvenile justice and de- linquency prevention field. (Pub. L. 90–351, title I, § 813, formerly § 820, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1214; renumbered § 813 and amended Pub. L. 98–473, title II, § 609B(f), (m), Oct. 12, 1984, 98 Stat. 2093, 2096.) Editorial Notes CODIFICATION Section was formerly classified to section 3789i of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 813 of Pub. L. 90–351 was classified to section 3789b of Title 42, The Public Health and Wel- fare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1984—Pub. L. 98–473, § 609B(m), struck out subsec. (a) relating to programs concerned with juvenile delin- quency and administered by the Law Enforcement As- sistance Administration and struck out subsec. (b) des- ignation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(m) of Pub. L. 98–473 ef- fective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. § 10233. Prohibition on land acquisition No funds under this chapter shall be used for land acquisition. (Pub. L. 90–351, title I, § 814, formerly § 821, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1214; renumbered § 814, Pub. L. 98–473, title II, § 609B(f), Oct. 12, 1984, 98 Stat. 2093.) Editorial Notes CODIFICATION Section was formerly classified to section 3789j of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 814 of Pub. L. 90–351 was classified to section 3789c of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. § 10234. Prohibition on use of Central Intel- ligence Agency services Notwithstanding any other provision of this chapter, no use will be made of services, facili- ties, or personnel of the Central Intelligence Agency. (Pub. L. 90–351, title I, § 815, formerly § 822, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1214; renumbered § 815, Pub. L. 98–473, title II, § 609B(f), Oct. 12, 1984, 98 Stat. 2093.) Editorial Notes CODIFICATION Section was formerly classified to section 3789k of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 815 of Pub. L. 90–351 was renumbered section 809 and is classified to section 10228 of this title. § 10235. Indian liability waiver Where a State does not have an adequate forum to enforce grant provisions imposing li- ability on Indian tribes, the Assistant Attorney General is authorized to waive State liability and may pursue such legal remedies as are nec- essary. (Pub. L. 90–351, title I, § 816, formerly § 823, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1214; renumbered § 816 and amended Pub. L. 98–473, title II, § 609B(f), (n), Oct. 12, 1984, 98 Stat. 2093, 2096.) Editorial Notes CODIFICATION Section was formerly classified to section 3789l of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 816 of Pub. L. 90–351 was renumbered section 810 and is classified to section 10229 of this title. AMENDMENTS 1984—Pub. L. 98–473, § 609B(n), substituted ‘‘Assistant Attorney General’’ for ‘‘Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(n) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. § 10236. District of Columbia matching fund source Funds appropriated by the Congress for the ac- tivities of any agency of the District of Colum- bia government or the United States Govern- ment performing law enforcement functions in and for the District of Columbia may be used to provide the non-Federal share of the cost of pro- grams or projects funded under this chapter. (Pub. L. 90–351, title I, § 817, formerly § 824, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1214; renumbered § 817, Pub. L. 98–473, title II, § 609B(f), Oct. 12, 1984, 98 Stat. 2093.) Editorial Notes CODIFICATION Section was formerly classified to section 3789m of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.