Chapter 403, Subchapter I, Section 40301, Subsection (b) · 34 U.S.C. Chapter 403 — CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION

Contents

(b)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 40901(b) of this title for firearms eligibility determinations, 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;

(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); 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

(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;

(16)multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies;

(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; and

(18)notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 20

Show every defined term

Attorney General
means the Attorney General of the United States.
Compact
means the National Crime Prevention and Privacy Compact set forth in section 40316 of this title.
Compact officer
means— (A) with respect to the Federal Government, an official so designated by the Director of the FBI;
Council
means the Compact Council established under Article VI.
criminal history record repository
means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records and services in the State.
criminal justice
includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
criminal justice services
means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.
criterion offense
means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.
direct access
means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.
Executive order
means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.
FBI
means the Federal Bureau of Investigation.
National Fingerprint File
means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.
National Identification Index
means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.
National indices
means the National Identification Index and the National Fingerprint File.
noncriminal justice purposes
means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.
Nonparty State
means a State that has not ratified this Compact.
Party State
means a State that has ratified this Compact.
positive identification
means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System.
sealed record information
means— (A) with respect to adults, that portion of a record that is— (i) not available for criminal justice uses;
State
means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.