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);
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; and
provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen.
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, except for dissemination authorized under subsection (a)(5) of this section.
The Attorney General may appoint officials to perform the functions authorized by this section.
Indian Law Enforcement Agencies.—
In general.—
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.
Tribal Access Program.—
In general.—
The Attorney General shall establish a program, to be known as the “Tribal Access Program”, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section.
Authorization of appropriations.—
There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
Information sharing.—
To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine.
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. |
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Regulations
Statutory Construction; Evidence
Statutory construction.—
Nothing in this subsection [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as a note preceding section 41101 of Title 34] or the amendments made by this subsection shall be construed—
to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or
to establish any standard of care.
Evidence.—
Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this subsection or the amendments made by this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.”
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.