Acquisition, preservation, and exchange of identification records and information; appointment of officials
The Attorney General shall—
acquire, collect, classify, and preserve identification, criminal identification, crime, and other records;
acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); and
exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions.
The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies.
The Attorney General may appoint officials to perform the functions authorized by this section.
Indian Law Enforcement Agencies.—
The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies—
to access and enter information into Federal criminal information databases; and
to obtain information from the databases.
For purposes of this section, the term “other institutions” includes—
railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and
police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.
Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose.
Federal, tribal, and State criminal justice agencies authorized to enter information into criminal information databases may include—
arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and
protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification.
As used in this subsection—
the term “national crime information databases” means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
the term “protection order” includes—
any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.
Source
(Added Pub. L. 89–554, § 4(c),Notes
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Historical and Revision Notes |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 300 (as applicable to acquisition etc. of identification and other records). | Aug. 31, 1964, Pub. L. 88–527, § 201 (1st 105 words of 1st par. under “Federal Bureau of Investigation”, as applicable to acquisition etc. of identification and other records), 78 Stat. 717. | |
5 U.S.C. 340. | June 11, 1930, ch. 455, 46 Stat. 554. |
Amendments
Regulations
Improving Department of Justice Data Collection on Mental Illness Involved in Crime
Access to National Crime Information Databases
Additional Reporting on Crime
Tribal Registry
National Gang Intelligence Center
Reviews of Criminal Records of Applicants for Private Security Officer Employment
Criminal Background Checks for Applicants for Employment in Nursing Facilities and Home Health Care Agencies
Compilation of Statistics Relating to Intimidation of Government Employees
National Crime Information Center Project 2000
SHORT TITLE.
FINDINGS.
“The Congress finds that—
cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States;
the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies;
major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and
the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, ‘NCIC 2000’, to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century.
AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated the following sums to implement the ‘NCIC 2000’ project:
$17,000,000 for fiscal year 1991;
$25,000,000 for fiscal year 1992;
$22,000,000 for fiscal year 1993;
$9,000,000 for fiscal year 1994; and
such sums as may be necessary for fiscal year 1995.