§ 40301. State grant program for criminal justice identification, information, and communication

Footnotes

1. 1 So in original. Probably should be followed by a semicolon.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1998

   Pub. L. 105–251 title I § 102 · 112 Stat. 1870

   Enacted · 34 U.S.C. § 40301

   Pub. L. 105–251, title I, § 102, Oct. 9, 1998, 112 Stat. 1871

   Source evidence

   Code source credit
   Pub. L. 105–251, title I, § 102, Oct. 9, 1998, 112 Stat. 1871

   Enacted provision · exact public law section
   SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION. (a) In General.— Subject to the availability of amounts provided in advance in appropriations Acts, the Office 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 information and identification technologies and systems to— (1) upgrade criminal history and criminal justice record systems, including systems operated 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 sexual offenders; (D) identification of domestic violence offenders; and (E) background checks for other authorized purposes unrelated to criminal justice; and (4) capture information for statistical and research purposes to improve the administration of criminal justice. (b) Use of Grant Amounts.— Grants under this section may be used for programs to establish, develop, update, or upgrade— (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting; (2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation; (3) finger imaging, live scan, and other automated systems to digitize fingerprints and to communicate prints in a manner that is compatible with standards established by the National Institute of Standards and Technology and interoperable with systems operated by States and by the Federal Bureau of Investigation; (4) programs and systems to facilitate full participation in the Interstate Identification Index of the National Crime Information Center; (5) systems to facilitate full participation in any compact relating to the Interstate Identification Index of the National Crime Information Center; (6) systems to facilitate full participation in 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) for firearms eligibility determinations; (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 determinations 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); (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 (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 Network (NIBN); (11) the capabilities of forensic science programs and medical examiner programs related to the administration of criminal justice, including programs leading to accreditation or certification of individuals or departments, agencies, or laboratories, and programs relating to the identification and analysis of deoxyribonucleic acid; (12) sexual offender identification and registration systems; (13) domestic violence offender identification and information systems; (14) programs for fingerprint–supported background checks capability for noncriminal justice purposes, including youth service employees 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 research products including incident-based reporting systems that are compatible with the National Incident–Based Reporting System (NIBRS) and uniform crime reports; and (16) multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies. (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) Information sharing.— Such assurances shall include a provision that ensures that a statewide strategy for information 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 components, 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 integrated information technology systems, and shall contain— (A) a definition and analysis of “integration” in the State and localities developing integrated information sharing systems; (B) an assessment of the criminal justice resources being devoted to information technology; (C) Federal, State, regional, and local information technology coordination requirements; (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 application; (E) State and local resource needs; (F) the establishment of statewide priorities for planning and implementation of information technology systems; and (G) a plan for coordinating the programs funded under this title with other federally funded information technology programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)) 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. (d) Matching Funds.— The Federal share of a grant received under this title may not exceed 90 percent of the costs of a program or proposal funded under this title unless 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 1999 through 2003. (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 administrative expenses; (B) not more than 5 percent may be used for technical assistance, training and evaluations, and studies commissioned by Bureau of Justice Statistics of the Department of Justice (through discretionary grants or otherwise) in furtherance of the purposes of this section; (C) not less than 20 percent shall be used by the Attorney General for the purposes described in paragraph (11) of subsection (b); and (D) the Attorney General shall ensure the amounts are distributed on an equitable geographic basis. (f) Grants to Indian Tribes.— Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

2. 2000

   Child Abuse Prevention and Enforcement Act

   Pub. L. 106–177 title I § 102 · 114 Stat. 35

   Added · 34 U.S.C. § 40301(b)(17)

   Pub. L. 106–177 added par. (17)

   Source evidence

   Code amendment note
   Subsec. (b)(17). Pub. L. 106–177 added par. (17).

   Enacted provision · exact public law section
   SEC. 102. GRANT PROGRAM. Section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601(b)) is amended by striking “and” at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting “; and”, and by adding after paragraph (16) the following: “(17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care.".

3. 2000

   Paul Coverdell National Forensic Sciences Improvement Act of 2000

   Pub. L. 106–561 § 2(c)(4) · 114 Stat. 2787

   1. Inserted · 34 U.S.C. § 40301(e)(2)(B)(D)

      Pub. L. 106–561 inserted “and” after semicolon in subpar. (B)

   2. Redesignated · 34 U.S.C. § 40301(e)(2)(B)(D)

      Pub. L. 106–561 redesignated subpar. (D) as (C)

   3. Struck · 34 U.S.C. § 40301(e)(2)(B)(D)

      Pub. L. 106–561 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 paragraph (11) of subsection (b); and”

   Source evidence

   Code amendment note
   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 paragraph (11) of subsection (b); and”.

   Enacted provision · exact public law section
   (4) Repeal of 20 percent floor for cita crime lab grants.— Section 102(e)(2) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601(e)(2)) is amended— (A) in subparagraph (B), by adding “and” at the end; and (B) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C).

4. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 1015(1) · 115 Stat. 272

   Added · 34 U.S.C. § 40301(b)(18)

   Pub. L. 107–56, § 1015(1), added par. (18)

   Source evidence

   Code amendment note
   Subsec. (b)(18). Pub. L. 107–56, § 1015(1), added par. (18).

   Enacted provision · exact public law section
   (1) in subsection (b)— (A) in paragraph (16), by striking “and” at the end; (B) in paragraph (17), by striking the period and inserting and”; and (C) by adding at the end the following: “(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other anti-terrorism programs.”; and

5. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 1015(2) · 115 Stat. 272

   Substituted · 34 U.S.C. § 40301(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) in subsection (e)(1), by striking “this section” and all that follows and inserting “this section $250,000,000 for each of fiscal years 2002 through 2007.”.

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title XI § 1111(c)(1) · 119 Stat. 2960

   Substituted · 34 U.S.C. § 40301(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 (described under the heading ‘Violent Crime Reduction Programs, State and Local Law Enforcement Assistance’ of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)) and the M.O.R.E. program”

   Source evidence

   Code amendment note
   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 (described under the heading ‘Violent Crime Reduction Programs, State and Local Law Enforcement Assistance’ of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)) and the M.O.R.E. program”.

   Enacted provision · exact public law section
   (1) Crime identification technology act.— Subsection (c)(2)(G) of section 102 of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601) is amended by striking “such as” and all that follows through “the M.O.R.E. program” and inserting “such as the Edward Byrne Justice Assistance Grant Program and the M.O.R.E. program”.

   Effective date note
   Amendment by Pub. L. 109–162 applicable with respect 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.

7. 2018

   Financial Services and General Government Appropriations Act, 2018

   Pub. L. 115–141 § 604(a)(1) · 132 Stat. 348

   1. Added · 34 U.S.C. § 40301(a)(3)(C)(F)

      Pub. L. 115–141, § 604(a)(1), added subpar. (C)

   2. Redesignated · 34 U.S.C. § 40301(a)(3)(C)(F)

      Pub. L. 115–141, § 604(a)(1), redesignated former subpars. (C) to (E) as (D) to (F), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

8. 2018

   Financial Services and General Government Appropriations Act, 2018

   Pub. L. 115–141 § 604(a)(2) · 132 Stat. 348

   1. Substituted · 34 U.S.C. § 40301(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)”

   2. Inserted · 34 U.S.C. § 40301(b)(6)

      Pub. L. 115–141, § 604(a)(2), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

9. 2018

   Financial Services and General Government Appropriations Act, 2018

   Pub. L. 115–141 § 604(a)(3) · 132 Stat. 348

   Inserted · 34 U.S.C. § 40301(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

10. 2018

    Financial Services and General Government Appropriations Act, 2018

    Pub. L. 115–141 § 604(a)(4) · 132 Stat. 348

    Substituted · 34 U.S.C. § 40301(e)(1)

    Pub. L. 115–141, § 604(a)(4), substituted “2018 through 2022” for “2002 through 2007”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 115–141, § 604(a)(4), substituted “2018 through 2022” for “2002 through 2007”.

    Enacted provision · exact public law section
    Sec. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

14 of 14 references resolved to an enrolled provision