US Codex
U.S.C.
Notes

§40104. Definitions — Inbound Citations

34 U.S.C. § 40104

Cited by 337 provisions in release 119-102.

Citations to §40104(1)

Citations to §40104(2)

  • 34 U.S.C. § 40101(c)
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    (c) An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.
  • 34 U.S.C. § 40101(f)(1)
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    (1) Not later than 180 days after December 20, 1993, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin a study based on a statistically significant sample of convicted child abuse offenders and other relevant information to determine—
    (A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse;
    (B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and
    (C) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes.
  • 34 U.S.C. § 40101(f)(1)(A)
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    (A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse;
  • 34 U.S.C. § 40101(f)(1)(B)
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    (B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and
  • 34 U.S.C. § 40101(f)(1)(C)
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    (C) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes.
  • 34 U.S.C. § 40103(b)(1)
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    (1) The Attorney General shall, subject to appropriations and with preference to States that, as of December 20, 1993, have in computerized criminal history files the lowest percentages of charges and dispositions of identifiable child abuse cases, make a grant to each State to be used—
    (A) for the computerization of criminal history files for the purposes of this chapter;
    (B) for the improvement of existing computerized criminal history files for the purposes of this chapter;
    (C) to improve accessibility to the national criminal history background check system for the purposes of this chapter;
    (D) to assist the State in the transmittal of criminal records to, or the indexing of criminal history record in, the national criminal history background check system for the purposes of this chapter; and
    (E) to assist the State in paying all or part of the cost to the State of conducting background checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks.
  • 34 U.S.C. § 40301(b)(17)
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    (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
  • 34 U.S.C. § 40314(b)(1)(B)
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    (B) the National Child Protection Act1 [34 U.S.C. 40101 et seq.];
  • 34 U.S.C. § 40507(b)(1)
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    (1) Missing Person cases with an MNP (Missing Person) code of CA (Child Abduction) or AA (Amber Alert) within 72 hours of entry into NCIC;
  • 34 U.S.C. § 40723(b)(2)(A)
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    (A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases;
  • 34 U.S.C. § 41302(a)
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    (a) The Attorney General shall acquire from criminal justice agencies statistical data, for the calendar years 1987 and 1988, about the incidence of child abuse, including child sexual abuse, and shall publish annually a summary of such data.
  • 34 U.S.C. § 41302(b)(1)
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    (1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the offender, for types of offenses that may involve child abuse, including child sexual abuse.
  • 34 U.S.C. § 41307(a)
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    (a) Each Federal, State, and local law enforcement agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice and, consistent with section 40507 (including rules promulgated pursuant to section 40507(c)) of this title, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases.
  • 34 U.S.C. § 41308(1)
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    (1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report;
  • 34 U.S.C. § 41308(3)
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    (3) provide that each such report and all necessary and available information, which, with respect to each missing child report, shall include—
    (A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child;
    (B) a recent photograph of the child, if available;
    (C) the date and location of the last known contact with the child; and
    (D) the category under which the child is reported missing;
    is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and
  • 34 U.S.C. § 41308(3)(A)
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    (A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child;
  • 34 U.S.C. § 41308(3)(B)
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    (B) a recent photograph of the child, if available;
  • 34 U.S.C. § 41308(3)(C)
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    (C) the date and location of the last known contact with the child; and
  • 34 U.S.C. § 41308(3)(D)
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    (D) the category under which the child is reported missing;
  • 34 U.S.C. § 41308(4)(C)
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    (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;
  • 34 U.S.C. § 41308(4)(D)
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    (D) maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and
  • 34 U.S.C. § 41309(b)(4)
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    (4) incidents of assisting or promoting prostitution, child labor that is a violation of law, or forced labor of an individual under the age of 18 as described in paragraph (1); and
  • 34 U.S.C. § 41309(b)(5)
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    (5) incidents of purchasing or soliciting commercial sex acts, child labor that is a violation of law, or forced labor with an individual under the age of 18 as described in paragraph (2).
  • 34 U.S.C. § 41502(a)
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    (a) Not later than 90 days after the October 30, 1998, the Attorney General shall establish within the Federal Bureau of Investigation a Child Abduction and Serial Murder Investigative Resources Center to be known as the “Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center” (in this section referred to as the “CASMIRC”).
  • 34 U.S.C. § 41502(b)
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    (b) The CASMIRC shall be managed by the National Center for the Analysis of Violent Crime of the Critical Incident Response Group of the Federal Bureau of Investigation (in this section referred to as the “NCAVC”), and by multidisciplinary resource teams in Federal Bureau of Investigation field offices, in order to provide investigative support through the coordination and provision of Federal law enforcement resources, training, and application of other multidisciplinary expertise, to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearances of children, child homicide, and serial murder across the country. The CASMIRC shall be co-located with the NCAVC.
  • 34 U.S.C. § 41502(c)(1)
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    (1) identifying, developing, researching, acquiring, and refining multidisciplinary information and specialities to provide for the most current expertise available to advance investigative knowledge and practices used in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(2)
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    (2) providing advice and coordinating the application of current and emerging technical, forensic, and other Federal assistance to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(3)
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    (3) providing investigative support, research findings, and violent crime analysis to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(4)
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    (4) providing, if requested by a Federal, State, or local law enforcement agency, on site consultation and advice in child abduction, mysterious disappearances of children, child homicide and serial murder investigations;
  • 34 U.S.C. § 41502(c)(5)
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    (5) coordinating the application of resources of pertinent Federal law enforcement agencies, and other Federal entities including, but not limited to, the United States Customs Service, the Secret Service, the Postal Inspection Service, and the United States Marshals Service, as appropriate, and with the concurrence of the agency head to support Federal, State, and local law enforcement involved in child abduction, mysterious disappearance of a child, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(6)
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    (6) conducting ongoing research related to child abductions, mysterious disappearances of children, child homicides, and serial murder, including identification and investigative application of current and emerging technologies, identification of investigative searching technologies and methods for physically locating abducted children, investigative use of offender behavioral assessment and analysis concepts, gathering statistics and information necessary for case identification, trend analysis, and case linkages to advance the investigative effectiveness of outstanding abducted children cases, develop investigative systems to identify and track serious serial offenders that repeatedly victimize children for comparison to unsolved cases, and other investigative research pertinent to child abduction, mysterious disappearance of a child, child homicide, and serial murder covered in this section;
  • 34 U.S.C. § 41502(c)(7)
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    (7) working under the NCAVC in coordination with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to provide appropriate training to Federal, State, and local law enforcement in matters regarding child abductions, mysterious disappearances of children, child homicides; and
  • 34 U.S.C. § 41502(c)(8)
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    (8) establishing a centralized repository based upon case data reflecting child abductions, mysterious disappearances of children, child homicides and serial murder submitted by State and local agencies, and an automated system for the efficient collection, retrieval, analysis, and reporting of information regarding CASMIRC investigative resources, research, and requests for and provision of investigative support services.
  • 34 U.S.C. § 41502(d)(1)
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    (1) The Director of the Federal Bureau of Investigation shall appoint the members of the CASMIRC. The CASMIRC shall be staffed with Federal Bureau of Investigation personnel and other necessary personnel selected for their expertise that would enable them to assist in the research, data collection, and analysis, and provision of investigative support in child abduction, mysterious disappearances of children, child homicide and serial murder investigations. The Director may, with concurrence of the appropriate State or local agency, also appoint State and local law enforcement personnel to work with the CASMIRC.
  • 34 U.S.C. § 41502(d)(3)
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    (3) CASMIRC personnel, under the guidance of the Federal Bureau of Investigation’s National Center for the Analysis of Violent Crime and in consultation with the National Center For Missing and Exploited Children, shall develop a specialized course of instruction devoted to training members of the CASMIRC consistent with the purpose of this section. The CASMIRC shall also work with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to develop a course of instruction for State and local law enforcement personnel to facilitate the dissemination of the most current multidisciplinary expertise in the investigation of child abductions, mysterious disappearances of children, child homicides, and serial murder of children.

Citations to §40104(3)

Citations to §40104(4)

Citations to §40104(6)

Citations to §40104(7)

Citations to §40104(8)

Citations to §40104(9)

Citations to §40104(10)

Citations to §40104(11)

  • 34 U.S.C. § 40101(a)
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    (a) In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.
  • 34 U.S.C. § 40101(b)(1)(A)
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    (A) investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system;
  • 34 U.S.C. § 40101(b)(1)(B)
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    (B) in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and
  • 34 U.S.C. § 40101(b)(1)(C)
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    (C) notify each State of the determinations made pursuant to subparagraphs (A) and (B).
  • 34 U.S.C. § 40101(b)(2)
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    (2) The Attorney General shall require as a part of each State timetable that the State—
    (A) by not later than the date that is 5 years after December 20, 1993, have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;
    (B) continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and
    (C) take steps to achieve 100 percent disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions.
  • 34 U.S.C. § 40101(c)
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    (c) An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.
  • 34 U.S.C. § 40101(e)
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    (e) The Attorney General shall, subject to the availability of appropriations, publish an annual summary of each State’s progress in reporting child abuse crime information to the national criminal history background check system.
  • 34 U.S.C. § 40101(f)(1)(B)
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    (B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and
  • 34 U.S.C. § 40102(a)(1)
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    (1) A State may have in effect procedures (established by State statute or regulation) that require qualified entities designated by the State to contact an authorized agency of the State to request a nationwide background check for the purpose of determining whether a covered individual has been convicted of a crime that bears upon the covered individual’s fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities.
  • 34 U.S.C. § 40102(a)(2)
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    (2) The authorized agency shall access and review State and Federal criminal history records through the national criminal history background check system and shall make reasonable efforts to respond to the inquiry within 15 business days.
  • 34 U.S.C. § 40102(a)(3)(A)
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    (A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. In any case where the use of a Federal national criminal history background check program is required pursuant to Federal law as of the effective date of this subparagraph, the program under this subparagraph may not be used.
  • 34 U.S.C. § 40102(a)(3)(B)
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    (B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.
  • 34 U.S.C. § 40102(b)(2)
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    (2) that the State, or in a State that does not have in effect procedures described in subsection (a)(1), the designated entity, ensures that—
    (A) each covered individual who is the subject of a background check under subsection (a) is entitled to obtain a copy of any background check report;
    (B) each covered individual who is the subject of a background check under subsection (a) is provided a process by which the covered individual may appeal the results of the background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual and obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency;
    (i) each covered individual described in subparagraph (B) is given notice of the opportunity to appeal;
    (ii) each covered individual described in subparagraph (B) will receive instructions on how to complete the appeals process if the covered individual wishes to challenge the accuracy or completeness of the information contained in the background report of the covered individual; and1
    (iii) the appeals process is completed in a timely manner for each covered individual described in subparagraph (B);2
    (iv) the appeals process is consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and
    (D) an authorized agency, upon receipt of a background check report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data;
  • 34 U.S.C. § 40102(b)(2)(D)
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    (D) an authorized agency, upon receipt of a background check report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data;
  • 34 U.S.C. § 40102(b)(3)
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    (3) that an authorized agency or designated entity, as applicable,,3 upon receipt of a background check report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data;
  • 34 U.S.C. § 40102(d)
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    (d) A qualified entity shall not be liable in an action for damages solely for failure to conduct a criminal background check on a covered individual, nor shall a State or political subdivision thereof nor any agency, officer or employee thereof,,3 nor shall any designated entity nor any officer or employee thereof, be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse to a covered individual who was the subject of a background check.
  • 34 U.S.C. § 40102(e)(1)
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    (1) In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed the actual cost of the background check conducted with fingerprints.
  • 34 U.S.C. § 40102(f)(1)
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    (1) Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database.
  • 34 U.S.C. § 40103(b)(1)
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    (1) The Attorney General shall, subject to appropriations and with preference to States that, as of December 20, 1993, have in computerized criminal history files the lowest percentages of charges and dispositions of identifiable child abuse cases, make a grant to each State to be used—
    (A) for the computerization of criminal history files for the purposes of this chapter;
    (B) for the improvement of existing computerized criminal history files for the purposes of this chapter;
    (C) to improve accessibility to the national criminal history background check system for the purposes of this chapter;
    (D) to assist the State in the transmittal of criminal records to, or the indexing of criminal history record in, the national criminal history background check system for the purposes of this chapter; and
    (E) to assist the State in paying all or part of the cost to the State of conducting background checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks.
  • 34 U.S.C. § 40103(b)(1)(D)
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    (D) to assist the State in the transmittal of criminal records to, or the indexing of criminal history record in, the national criminal history background check system for the purposes of this chapter; and
  • 34 U.S.C. § 40103(b)(1)(E)
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    (E) to assist the State in paying all or part of the cost to the State of conducting background checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks.
  • 34 U.S.C. § 40103(c)
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    (c) Effective 1 year after December 20, 1993, the Attorney General may reduce, by up to 10 percent, the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10101 et seq.] that is not in compliance with the requirements of this chapter.
  • 34 U.S.C. § 40301(a)
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    (a) 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 all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year1
    (D) identification of sexual offenders;
    (E) identification of domestic violence offenders; and
    (F) 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.
  • 34 U.S.C. § 40301(a)(3)
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    (3) promote compatibility and integration of national, State, and local systems for—
    (A) criminal justice purposes;
    (B) firearms eligibility determinations;
    (C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year1
    (D) identification of sexual offenders;
    (E) identification of domestic violence offenders; and
    (F) background checks for other authorized purposes unrelated to criminal justice; and
  • 34 U.S.C. § 40301(b)(1)
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    (1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting;
  • 34 U.S.C. § 40301(b)(3)
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    (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;
  • 34 U.S.C. § 40301(b)(9)(A)
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    (A) reporting of dispositions to central State repositories and to the Federal Bureau of Investigation; and
  • 34 U.S.C. § 40301(b)(14)
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    (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;
  • 34 U.S.C. § 40301(b)(16)
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    (16) multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies;
  • 34 U.S.C. § 40301(c)(1)
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    (1) 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
  • 34 U.S.C. § 40301(c)(2)
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    (2) 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 subchapter with other federally funded information technology programs, including directly funded local programs such as the Edward Byrne Justice Assistance Grant Program 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 [34 U.S.C. 10381 et seq.].
  • 34 U.S.C. § 40301(c)(2)(A)
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    (A) a definition and analysis of “integration” in the State and localities developing integrated information sharing systems;
  • 34 U.S.C. § 40301(c)(2)(C)
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    (C) Federal, State, regional, and local information technology coordination requirements;
  • 34 U.S.C. § 40301(c)(2)(D)
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    (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;
  • 34 U.S.C. § 40301(c)(2)(E)
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    (E) State and local resource needs;
  • 34 U.S.C. § 40301(d)
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    (d) The Federal share of a grant received under this subchapter may not exceed 90 percent of the costs of a program or proposal funded under this subchapter unless the State has achieved compliance with an implementation plan under section 40917 of this title or the Attorney General waives, wholly or in part, the requirements of this subsection.
  • 34 U.S.C. § 40302(1)
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    (1) The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that, as of March 23, 2018, have the lowest percent currency of case dispositions in computerized criminal history files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records, make a grant to each State to be used—
    (A) for the creation of a computerized criminal history record system or improvement of an existing system;
    (B) to improve accessibility to the national instant criminal background system;
    (C) to assist the State in the transmittal of criminal records to the national system; and
    (D) to establish and achieve compliance with an implementation plan under section 40917 of this title.
  • 34 U.S.C. § 40302(1)(C)
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    (C) to assist the State in the transmittal of criminal records to the national system; and
  • 34 U.S.C. § 40501(a)(2)(A)
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    (A) States and units of local government.
  • 34 U.S.C. § 40501(a)(2)(G)
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    (G) Nonprofit organizations that have working collaborative agreements with State and county forensic offices, including medical examiners, coroners, and justices of the peace, for entry of data into CODIS or the National Missing and Unidentified Persons System (commonly known as “NamUs”), or both.
  • 34 U.S.C. § 40502(c)(2)
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    (2) Any biological family DNA reference samples from citizens of the United States or foreign nationals entered into CODIS for purposes of identifying missing persons and unidentified remains may not be disclosed to a Federal or State law enforcement agency for law enforcement purposes.
  • 34 U.S.C. § 40503(4)
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    (4) procure and maintain state of the art multi-modal, multi-purpose forensic and DNA-typing and analytical equipment.
  • 34 U.S.C. § 40506(a)(2)(E)
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    (E) assistance and training by coordinating State and local service providers in order to support individuals and families impacted by the loss or disappearance of a loved one; and
  • 34 U.S.C. § 40506(b)(1)(E)
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    (E) to train State, local, and Tribal law enforcement personnel and forensic medicine service providers to use NamUs resources and best practices for the investigation of missing and unidentified person cases;
  • 34 U.S.C. § 40506(b)(1)(F)
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    (F) to assist States in providing information to the NCIC database, the NamUs database, or any future database system for missing, unidentified, and unclaimed person cases;
  • 34 U.S.C. § 40506(b)(1)(I)
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    (I) to provide assistance and training by coordinating State and local service providers in order to support individuals and families;
  • 34 U.S.C. § 40701(a)
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    (a) The Attorney General may make grants to eligible States or units of local government for use by the State or unit of local government for the following purposes:
    (1) To carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples collected under applicable legal authority.
    (2) To carry out, for inclusion in such Combined DNA Index System, DNA analyses of samples from crime scenes, prioritizing, to the extent practicable consistent with public safety considerations1 samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect.
    (3) To increase the capacity of laboratories owned by the State or by units of local government to carry out DNA analyses of samples specified in paragraph (1) or (2).
    (4) To collect DNA samples specified in paragraph (1).
    (5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner.
    (6) Repealed. Pub. L. 113–4, title X, § 1006, Mar. 7, 2013, 127 Stat. 134.
    (7) To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing.
    (8) To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, in particular, sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with the protocols and practices developed under subsection (o)(1).
    (9) To increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.
  • 34 U.S.C. § 40701(a)(3)
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    (3) To increase the capacity of laboratories owned by the State or by units of local government to carry out DNA analyses of samples specified in paragraph (1) or (2).
  • 34 U.S.C. § 40701(a)(7)
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    (7) To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing.
  • 34 U.S.C. § 40701(a)(9)
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    (9) To increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.
  • 34 U.S.C. § 40701(b)
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    (b) For a State or unit of local government to be eligible to receive a grant under this section, the chief executive officer of the State or unit of local government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall, as required by the Attorney General—
    (1) provide assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of such application, a comprehensive plan for the expeditious DNA analysis of samples in accordance with this section;
    (2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 12592(b)(3) of this title;
    (3) include a certification that the State or unit of local government has determined, by statute, rule, or regulation, those offenses under State law that shall be treated for purposes of this section as qualifying State offenses;
    (4) specify the allocation that the State or unit of local government shall make, in using grant amounts to carry out DNA analyses of samples, as between samples specified in subsection (a)(1) and samples specified in subsection (a)(2);
    (5) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(3);
    (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System;
    (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4); and
    (8) provide assurances that the DNA section of the laboratory to be used to conduct DNA analyses has a written policy that prioritizes the analysis of, to the extent practicable consistent with public safety considerations, samples from homicides and sexual assaults.
  • 34 U.S.C. § 40701(b)(1)
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    (1) provide assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of such application, a comprehensive plan for the expeditious DNA analysis of samples in accordance with this section;
  • 34 U.S.C. § 40701(b)(3)
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    (3) include a certification that the State or unit of local government has determined, by statute, rule, or regulation, those offenses under State law that shall be treated for purposes of this section as qualifying State offenses;
  • 34 U.S.C. § 40701(b)(4)
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    (4) specify the allocation that the State or unit of local government shall make, in using grant amounts to carry out DNA analyses of samples, as between samples specified in subsection (a)(1) and samples specified in subsection (a)(2);
  • 34 U.S.C. § 40701(b)(5)
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    (5) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(3);
  • 34 U.S.C. § 40701(b)(6)
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    (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System;
  • 34 U.S.C. § 40701(b)(7)
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    (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4); and
  • 34 U.S.C. § 40701(c)(1)
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    (1) The Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that—
    (A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and
    (B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering—
    (i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction;
    (ii) the population in the jurisdiction; and
    (iii) the number of part 1 violent crimes in the jurisdiction.
  • 34 U.S.C. § 40701(c)(2)
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    (2) The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation.
  • 34 U.S.C. § 40701(c)(4)
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    (4) For each of fiscal years 2014 through 2029, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(7), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).
  • 34 U.S.C. § 40701(c)(5)
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    (5) For each fiscal year, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(9), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).
  • 34 U.S.C. § 40701(d)(1)(A)
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    (A) operated by the State or a unit of local government; or
  • 34 U.S.C. § 40701(d)(1)(B)
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    (B) operated by a private entity pursuant to a contract with the State or a unit of local government.
  • 34 U.S.C. § 40701(d)(2)(A)
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    (A) The Director of the Federal Bureau of Investigation shall maintain and make available to States and units of local government a description of quality assurance protocols and practices that the Director considers adequate to assure the quality of a forensic laboratory.
  • 34 U.S.C. § 40701(e)(1)
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    (1) Funds made available pursuant to this section shall not be used to supplant State or local government funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State or local government sources for the purposes of this Act.
  • 34 U.S.C. § 40701(e)(2)
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    (2) A State or unit of local government may not use more than 3 percent of the funds it receives from this section for administrative expenses.
  • 34 U.S.C. § 40701(f)
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    (f) Each State or unit of local government which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains—
    (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and
    (2) such other information as the Attorney General may require.
  • 34 U.S.C. § 40701(g)(1)
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    (1) the aggregate amount of grants made under this section to each State or unit of local government for such fiscal year;
  • 34 U.S.C. § 40701(g)(2)
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    (2) a summary of the information provided by States or units of local government receiving grants under this section; and
  • 34 U.S.C. § 40701(g)(3)
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    (3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.
  • 34 U.S.C. § 40701(h)(1)
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    (1) Each State or unit of local government which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.
  • 34 U.S.C. § 40701(h)(2)
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    (2) Each State or unit of local government which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.
  • 34 U.S.C. § 40701(i)
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    (i) For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
  • 34 U.S.C. § 40701(k)(1)
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    (1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation;
  • 34 U.S.C. § 40701(k)(2)
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    (2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community—
    (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards;
    (B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and
    (C) to support future capacity building efforts; and
  • 34 U.S.C. § 40701(k)(2)(A)
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    (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards;
  • 34 U.S.C. § 40701(k)(2)(B)
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    (B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and
  • 34 U.S.C. § 40701(k)(3)
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    (3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System.
  • 34 U.S.C. § 40701(l)
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    (l) The Attorney General may award a grant under this section to a State or unit of local government to alleviate a backlog of cases with respect to a forensic science other than DNA analysis if the State or unit of local government—
    (1) certifies to the Attorney General that in such State or unit—
    (A) all of the purposes set forth in subsection (a) have been met;
    (B) a significant backlog of casework is not waiting for DNA analysis; and
    (C) there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and
    (2) demonstrates to the Attorney General that such State or unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis.
  • 34 U.S.C. § 40701(l)(1)
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    (1) certifies to the Attorney General that in such State or unit—
    (A) all of the purposes set forth in subsection (a) have been met;
    (B) a significant backlog of casework is not waiting for DNA analysis; and
    (C) there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and
  • 34 U.S.C. § 40701(l)(2)
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    (2) demonstrates to the Attorney General that such State or unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis.
  • 34 U.S.C. § 40701(m)
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    (m) In the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.
  • 34 U.S.C. § 40701(o)(1)
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    (1) Not later than 18 months after March 7, 2013, the Director, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including—
    (A) how to determine—
    (i) which evidence is to be collected by law enforcement personnel and forwarded for testing;
    (ii) the preferred order in which evidence from the same case is to be tested; and
    (iii) what information to take into account when establishing the order in which evidence from different cases is to be tested;
    (B) the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing;
    (C) the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed;
    (D) systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and
    (E) standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n).
  • 34 U.S.C. § 40701(o)(1)(D)
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    (D) systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and
  • 34 U.S.C. § 40701(o)(2)
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    (2) The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph (1) on and after the date on which the protocols and practices are published.
  • 34 U.S.C. § 40702(a)(4)(B)
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    (B) The Attorney General, the Director of the Bureau of Prisons, or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
  • 34 U.S.C. § 40703(a)(4)(B)
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    (B) The Director of the Bureau of Prisons or Agency, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
  • 34 U.S.C. § 40722(a)(2)
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    (2) court officers, including State and local prosecutors, defense lawyers, and judges;
  • 34 U.S.C. § 40723(a)(1)(A)
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    (A) a State, Tribal, or local government or hospital;
  • 34 U.S.C. § 40723(a)(1)(C)
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    (C) a State sexual assault coalition;
  • 34 U.S.C. § 40723(a)(2)
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    (2) The term “health care facility” means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients.
  • 34 U.S.C. § 40723(a)(6)(A)
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    (A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training;
  • 34 U.S.C. § 40723(a)(9)
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    (9) The term “sexual assault” means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent.
  • 34 U.S.C. § 40723(a)(14)
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    (14) The term “State” means any State of the United States, the District of Columbia, and any territory or possession of the United States.
  • 34 U.S.C. § 40723(b)(2)
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    (2) In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to—
    (A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases;
    (B) increase the local and regional availability of full and part time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or
    (C) establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth.
  • 34 U.S.C. § 40723(d)(2)
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    (2) The website required under paragraph (1) shall with specificity describe, by State—
    (A) funding opportunities for SANE training and continuing education; and
    (B) the availability of sexual assault advocates at locations providing sexual assault forensic exams.
  • 34 U.S.C. § 40723(d)(3)(D)
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    (D) State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards;
  • 34 U.S.C. § 40723(d)(3)(E)
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    (E) State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations;
  • 34 U.S.C. § 40723(d)(3)(F)
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    (F) the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the State’s role in such training, and what process or procedures are in place for continuing education of such examiners;
  • 34 U.S.C. § 40723(d)(3)(G)
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    (G) the dedicated Federal and State funding to support SANE training;
  • 34 U.S.C. § 40725(b)(7)
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    (7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
  • 34 U.S.C. § 40726(b)
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    (b) Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
  • 34 U.S.C. § 40727(a)
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    (a) The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
  • 34 U.S.C. § 40727(c)
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    (c) For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
  • 34 U.S.C. § 40728(a)
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    (a) The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—
    (1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and
    (2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
  • 34 U.S.C. § 40728(a)(2)
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    (2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
  • 34 U.S.C. § 40901(a)(1)
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    (1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system;
  • 34 U.S.C. § 40901(a)(2)
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    (2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and
  • 34 U.S.C. § 40901(a)(3)
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    (3) notify each State of the determinations made pursuant to paragraphs (1) and (2).
  • 34 U.S.C. § 40901(b)(1)
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    (1) Not later than 60 months after November 30, 1993, the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 of title 18 or State law.
  • 34 U.S.C. § 40901(c)(1)
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    (1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation;
  • 34 U.S.C. § 40901(c)(2)
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    (2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and
  • 34 U.S.C. § 40901(d)
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    (d) On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system.
  • 34 U.S.C. § 40901(e)(1)(A)
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    (A) Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18 or State law, as is necessary to enable the system to operate in accordance with this section.
  • 34 U.S.C. § 40901(e)(1)(F)(iii)
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    (iii) A certification required under clause (i) shall state, for the applicable period—
    (I) the total number of records of the Federal department or agency demonstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18;
    (II) for each category of records described in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and
    (III) the efforts of the Federal department or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or inaccuracies.
  • 34 U.S.C. § 40901(g)
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    (g) If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective transferee would violate subsection (g) or (n) of section 922 of title 18 or State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records. For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available under subsection (k), the Attorney General may use such sums as are necessary and otherwise available for the salaries and expenses of the Federal Bureau of Investigation to comply with this subsection.
  • 34 U.S.C. § 40901(i)(1)
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    (1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or
  • 34 U.S.C. § 40901(i)(2)
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    (2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922(g) or (n) of title 18 or State law, from receiving a firearm.
  • 34 U.S.C. § 40901(l)(1)(A)
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    (A) the criminal history repository or juvenile justice information system, as appropriate, of the State in which the person resides for the purpose of determining whether the person has a possibly disqualifying juvenile record under subsection (d) of such section 922;
  • 34 U.S.C. § 40901(l)(1)(B)
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    (B) the appropriate State custodian of mental health adjudication records in the State in which the person resides to determine whether the person has a possibly disqualifying juvenile record under subsection (d) of such section 922; and
  • 34 U.S.C. § 40901(l)(3)(B)
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    (B) receipt of a firearm by the person would violate subsection (g) or (n) of such section 922, or State, local, or Tribal law.
  • 34 U.S.C. § 40902(3)
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    (3) Although most Brady background checks are processed through NICS in seconds, many background checks are delayed if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law.
  • 34 U.S.C. § 40902(5)(A)
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    (A) updates and available State criminal disposition records; and
  • 34 U.S.C. § 40902(7)
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    (7) Helping States to automate these records will reduce delays for law-abiding gun purchasers.
  • 34 U.S.C. § 40902(8)
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    (8) On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law.
  • 34 U.S.C. § 40902(9)
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    (9) On April 16, 2007, a student with a history of mental illness at the Virginia Polytechnic Institute and State University shot to death 32 students and faculty members, wounded 17 more, and then took his own life. The shooting, the deadliest campus shooting in United States history, renewed the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct complete background checks on potential firearms purchasers. In spite of a proven history of mental illness, the shooter was able to purchase the two firearms used in the shooting. Improved coordination between State and Federal authorities could have ensured that the shooter’s disqualifying mental health information was available to NICS.
  • 34 U.S.C. § 40911(b)(3)(C)
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    (C) work with States to encourage the development of computer systems, which would permit electronic notification to the Attorney General when—
    (i) a court order has been issued, lifted, or otherwise removed by order of the court; or
    (ii) a person has been adjudicated as a mental defective or committed to a mental institution.
  • 34 U.S.C. § 40912(a)
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    (a) Beginning 3 years after January 8, 2008, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under section 40301 of this title if the State is in compliance with an implementation plan established under subsection (b) or provides at least 90 percent of the information described in subsection (c). The length of such a waiver shall not exceed 2 years.
  • 34 U.S.C. § 40912(b)(1)(A)
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    (A) To assist the Attorney General in making a determination under subsection (a) of this section, and under section 40914 of this title, concerning the compliance of the States in providing information to the Attorney General for the purpose of receiving a waiver under subsection (a) of this section, or facing a loss of funds under section 40914 of this title, by a date not later than 180 days after January 8, 2008, each State shall provide the Attorney General with a reasonable estimate, as calculated by a method determined by the Attorney General and in accordance with section 40914(d) of this title, of the number of the records described in subparagraph (C) applicable to such State that concern persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18.
  • 34 U.S.C. § 40912(b)(1)(B)
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    (B) A State that fails to provide an estimate described in subparagraph (A) by the date required under such subparagraph shall be ineligible to receive any funds under section 40913 of this title, until such date as it provides such estimate to the Attorney General or has established an implementation plan under section 40917 of this title.
  • 34 U.S.C. § 40912(b)(1)(C)(ii)
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    (ii) A record that identifies a person for whom an indictment has been returned for a crime punishable by imprisonment for a term exceeding 1 year that is valid under the laws of the State involved or who is a fugitive from justice, as of the date of the estimate, and for which a record of final disposition is not available.
  • 34 U.S.C. § 40912(b)(1)(C)(iii)
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    (iii) A record that identifies a person who is an unlawful user of, or addicted to a controlled substance (as such terms “unlawful user” and “addicted” are respectively defined in regulations implementing section 922(g)(3) of title 18 as in effect on January 8, 2008) as demonstrated by arrests, convictions, and adjudications, and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law.
  • 34 U.S.C. § 40912(b)(1)(C)(iv)
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    (iv) A record that identifies a person who has been adjudicated as a mental defective or committed to a mental institution, consistent with section 922(g)(4) of title 18 and whose record is not protected from disclosure to the Attorney General under any provision of State or Federal law.
  • 34 U.S.C. § 40912(b)(2)
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    (2) The Attorney General, in determining the compliance of a State under this section or section 40914 of this title for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the prior 20 years, which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18.
  • 34 U.S.C. § 40912(b)(3)
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    (3) Notwithstanding paragraph (2), States shall endeavor to provide the National Instant Criminal Background Check System with all records concerning persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, regardless of the elapsed time since the disqualifying event.
  • 34 U.S.C. § 40912(c)(1)(A)
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    (A) From the information collected by a State, the State shall make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18 or applicable State law.
  • 34 U.S.C. § 40912(c)(1)(B)
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    (B) The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable—
    (i) update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and
    (ii) notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date.
    The Attorney General upon receiving notice pursuant to clause (ii) shall ensure that the record in the National Instant Criminal Background Check System is updated, corrected, modified, or removed within 30 days of receipt.
  • 34 U.S.C. § 40912(c)(1)(B)(i)
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    (i) update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and
  • 34 U.S.C. § 40912(c)(1)(C)
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    (C) To remain eligible for a waiver under subsection (a), a State shall certify to the Attorney General, not less than once during each 2-year period, that at least 90 percent of all records described in subparagraph (A) has been made electronically available to the Attorney General in accordance with subparagraph (A).
  • 34 U.S.C. § 40912(c)(1)(D)
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    (D) For purposes of this paragraph, a State shall identify and include all of the records described under subparagraph (A) without regard to the age of the record.
  • 34 U.S.C. § 40912(c)(2)
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    (2) The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, records relevant to a determination of whether a person has been convicted in any court of a misdemeanor crime of domestic violence. With respect to records relating to such crimes, the State shall provide information specifically describing the offense and the specific section or subsection of the offense for which the defendant has been convicted and the relationship of the defendant to the victim in each case.
  • 34 U.S.C. § 40912(c)(3)
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    (3) The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, the name and other relevant identifying information of persons adjudicated as a mental defective or those committed to mental institutions to assist the Attorney General in enforcing section 922(g)(4) of title 18.
  • 34 U.S.C. § 40912(d)
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    (d) For any information provided to the Attorney General for use by the National Instant Criminal Background Check System, relating to persons prohibited from possessing or receiving a firearm under section 922(g)(4) of title 18, the Attorney General shall work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to the system. The Attorney General shall make every effort to meet with any mental health group seeking to express its views concerning these regulations and protocols and shall seek to develop regulations as expeditiously as practicable.
  • 34 U.S.C. § 40912(e)
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    (e) Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsection (b) and in making that information electronically available to the Attorney General pursuant to the requirements of subsection (c).
  • 34 U.S.C. § 40913(a)(1)
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    (1) From amounts made available to carry out this section and subject to section 40912(b)(1)(B) of this title, the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations. Not less than 3 percent, and no more than 10 percent of each grant under this paragraph shall be used to maintain the relief from disabilities program in accordance with section 40915 of this title.
  • 34 U.S.C. § 40913(b)
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    (b) Grants awarded to States or Indian tribes under this section may only be used to—
    (1) create electronic systems, which provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as “NICS”), including court disposition and corrections records;
    (2) assist States in establishing or enhancing their own capacities to perform NICS background checks;
    (3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS, including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations;
    (4) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18 to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;
    (5) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks;
    (6) collect and analyze data needed to demonstrate levels of State compliance with this chapter; and
    (7) maintain the relief from disabilities program in accordance with section 40915 of this title, but not less than 3 percent, and no more than 10 percent of each grant shall be used for this purpose.
  • 34 U.S.C. § 40913(b)(2)
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    (2) assist States in establishing or enhancing their own capacities to perform NICS background checks;
  • 34 U.S.C. § 40913(b)(5)
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    (5) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks;
  • 34 U.S.C. § 40913(b)(6)
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    (6) collect and analyze data needed to demonstrate levels of State compliance with this chapter; and
  • 34 U.S.C. § 40913(c)
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    (c) To be eligible for a grant under this section, a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with section 40915 of this title.
  • 34 U.S.C. § 40913(d)
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    (d) As a condition of receiving a grant under this section, a State shall specify the projects for which grant amounts will be used, and shall use such amounts only as specified. A State that violates this subsection shall be liable to the Attorney General for the full amount of the grant received under this section.
  • 34 U.S.C. § 40913(e)(2)(B)(ii)
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    (ii) shall give a funding preference under NARIP to States that—
    (I) have established an implementation plan under section 40917 of this title; and
    (II) will use amounts made available under this subparagraph to improve efforts to identify and upload all felony conviction records and domestic violence records described in clauses (i), (v), and (vi) of section 40912(b)(1)(C) of this title by not later than September 30, 2022.
  • 34 U.S.C. § 40913(g)(1)
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    (1) assist States that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements; and
  • 34 U.S.C. § 40914(a)(1)
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    (1) Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in automating the databases containing information described under sections 40912 and 40913 of this title, and in providing that information pursuant to the requirements of sections 40912 and 40913 of this title.
  • 34 U.S.C. § 40914(b)(1)(A)
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    (A) During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 50 percent of the records required to be provided under sections 40912 and 40913 of this title.
  • 34 U.S.C. § 40914(b)(1)(B)
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    (B) During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 70 percent of the records required to be provided under sections 40912 and 40913 of this title.
  • 34 U.S.C. § 40914(b)(2)
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    (2) After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 10156 of this title, if the State provides less than 90 percent of the records required to be provided under sections 40912 and 40913 of this title.
  • 34 U.S.C. § 40914(b)(3)
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    (3) The Attorney General may waive the applicability of paragraph (2) to a State if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 40912 and 40913 of this title, including an inability to comply due to court order or other legal restriction.
  • 34 U.S.C. § 40914(c)
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    (c) Any funds that are not allocated to a State because of the failure of the State to comply with the requirements of this chapter shall be reallocated to States that meet such requirements.
  • 34 U.S.C. § 40914(d)
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    (d) The method established to calculate the number of records to be reported, as set forth in section 40912(b)(1)(A) of this title, and State compliance with the required level of reporting under sections 40912 and 40913 of this title shall be determined by the Attorney General. The Attorney General shall calculate the methodology based on the total number of records to be reported from all subcategories of records, as described in section 40912(b)(1)(C) of this title.
  • 34 U.S.C. § 40915(a)
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    (a) A relief from disabilities program is implemented by a State in accordance with this section if the program—
    (1) permits a person who, pursuant to State law, has been adjudicated as described in subsection (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabilities imposed by subsections (d)(4) and (g)(4) of such section by reason of the adjudication or commitment;
    (2) provides that a State court, board, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and
    (3) permits a person whose application for the relief is denied to file a petition with the State court of appropriate jurisdiction for a de novo judicial review of the denial.
  • 34 U.S.C. § 40915(a)(1)
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    (1) permits a person who, pursuant to State law, has been adjudicated as described in subsection (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabilities imposed by subsections (d)(4) and (g)(4) of such section by reason of the adjudication or commitment;
  • 34 U.S.C. § 40915(a)(2)
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    (2) provides that a State court, board, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and
  • 34 U.S.C. § 40915(a)(3)
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    (3) permits a person whose application for the relief is denied to file a petition with the State court of appropriate jurisdiction for a de novo judicial review of the denial.
  • 34 U.S.C. § 40915(b)
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    (b) If, under a State relief from disabilities program implemented in accordance with this section, an application for relief referred to in subsection (a)(1) of this section is granted with respect to an adjudication or a commitment to a mental institution or based upon a removal of a record under section 40912(c)(1)(B) of this title, the adjudication or commitment, as the case may be, is deemed not to have occurred for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18.
  • 34 U.S.C. § 40917(a)
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    (a) Not later than 1 year after March 23, 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 40901 of this title and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 181
  • 34 U.S.C. § 40917(c)
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    (c) Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan.
  • 34 U.S.C. § 40917(d)(1)(A)
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    (A) the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and
  • 34 U.S.C. § 40917(d)(1)(B)
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    (B) a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and
  • 34 U.S.C. § 40917(d)(2)
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    (2) if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall—
    (A) immediately correct the applicable record; and
    (B) not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.
  • 34 U.S.C. § 40917(e)
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    (e) For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited.
  • 34 U.S.C. § 40931(b)
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    (b) Not later than January 31 of each year, the Director shall submit to Congress a report containing the estimates submitted by the States under section 40912(b) of this title.
  • 34 U.S.C. § 40931(c)
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    (c) Not later than January 31 of each year, the Director shall submit to Congress, and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States regarding the collection, maintenance, automation, and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by Federal or State law, by the State or any other agency, or any other records relevant to the National Instant Criminal Background Check System, that the Director considers to be best practices.
  • 34 U.S.C. § 40941(a)
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    (a) From amounts made available to carry out this section, the Attorney General shall make grants to each State, consistent with State plans for the integration, automation, and accessibility of criminal history records, for use by the State court system to improve the automation and transmittal of criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments, to Federal and State record repositories in accordance with sections 40912 and 40913 of this title and the National Criminal History Improvement Program.
  • 34 U.S.C. § 40941(c)
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    (c) Amounts granted under this section shall be used by the State court system only—
    (1) to carry out, as necessary, assessments of the capabilities of the courts of the State for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; and
    (2) to implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories.
  • 34 U.S.C. § 40941(c)(1)
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    (1) to carry out, as necessary, assessments of the capabilities of the courts of the State for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; and
  • 34 U.S.C. § 40941(c)(2)
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    (2) to implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories.
  • 34 U.S.C. § 40941(d)
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    (d) To be eligible to receive a grant under this section, a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with section 40915 of this title.
  • 34 U.S.C. § 41101
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    The funds provided for Salaries and Expenses, Federal Bureau of Investigation, may be used hereafter, in addition to those uses authorized thereunder, for the exchange of identification records with officials or federally chartered or insured banking institutions to promote or maintain the security of those institutions, and, if authorized by State or Tribal statute and approved by the Attorney General, to officials of State, Tribal, and local governments for purposes of employment and licensing, any such exchange to be made only for the official use of any such official and subject to the same restriction with respect to dissemination as that provided for under the aforementioned appropriation.
  • 34 U.S.C. § 41102(a)
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    (a) An association of State officials regulating parimutuel wagering, designated for the purpose of this section by the Attorney General, may submit fingerprints to the Attorney General on behalf of any applicant for State license to participate in parimutuel wagering. In response to such a submission, the Attorney General may, to the extent provided by law, exchange, for licensing and employment purposes, identification and criminal history records with the State governmental bodies to which such applicant has applied.
  • 34 U.S.C. § 41102(b)
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    (b) As used in this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
  • 34 U.S.C. § 41105(a)(2)
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    (2) A nursing facility or home health care agency requesting a search and exchange of records under this section shall submit to the Attorney General through the appropriate State agency or agency designated by the Attorney General a copy of an employment applicant’s fingerprints, a statement signed by the applicant authorizing the nursing facility or home health care agency to request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays, Sundays, and legal public holidays under section 6103(a) of title 5) after acquiring the fingerprints, signed statement, and information.
  • 34 U.S.C. § 41105(b)
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    (b) Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other identification information submitted. The Attorney General shall provide any corresponding information resulting from the search to the appropriate State agency or agency designated by the Attorney General to receive such information.
  • 34 U.S.C. § 41106(c)(2)(B)
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    (B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section.
  • 34 U.S.C. § 41106(c)(3)(A)
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    (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this section if the Attorney General determines by regulation that such exclusion would serve the public interest); but
  • 34 U.S.C. § 41106(c)(5)
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    (5) The term “State identification bureau” means the State entity designated by the Attorney General for the submission and receipt of criminal history record information.
  • 34 U.S.C. § 41106(d)(1)(A)
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    (A) An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this section.
  • 34 U.S.C. § 41106(d)(1)(B)(i)
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    (i) An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of the participating State the request to search the criminal history record information of the employee under this section.
  • 34 U.S.C. § 41106(d)(1)(C)
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    (C) Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this section, submitted through the State identification bureau of a participating State, the Attorney General shall—
    (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and
    (ii) promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information.
  • 34 U.S.C. § 41106(d)(1)(C)(ii)
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    (ii) promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information.
  • 34 U.S.C. § 41106(d)(1)(D)(i)
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    (i) Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in clause (ii).
  • 34 U.S.C. § 41106(d)(1)(D)(ii)(I)
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    (I) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been—
    (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or
    (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or
  • 34 U.S.C. § 41106(d)(1)(D)(ii)(II)
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    (II) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this section in applying the State standards and shall only notify the employer of the results of the application of the State standards.
  • 34 U.S.C. § 41106(d)(4)(C)
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    (C) Nothing in this section shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this section.
  • 34 U.S.C. § 41106(d)(5)
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    (5) A State may decline to participate in the background check system authorized by this section by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection.
  • 34 U.S.C. § 41107(1)(A)
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    (A) tribal law enforcement officials that meet applicable Federal or State requirements shall be permitted access to national crime information databases; and
  • 34 U.S.C. § 41303(c)(3)
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    (3) The Attorney General shall distribute data received pursuant to paragraph (2), not less frequently than annually, to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program.
  • 34 U.S.C. § 41307(a)
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    (a) Each Federal, State, and local law enforcement agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice and, consistent with section 40507 (including rules promulgated pursuant to section 40507(c)) of this title, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases.
  • 34 U.S.C. § 41308
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    Each State reporting under the provisions of this section and section 41307 of this title shall—
  • 34 U.S.C. § 41308(1)
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    (1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report;
  • 34 U.S.C. § 41308(2)
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    (2) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system, the National Crime Information Center computer database, or the NamUs databases based solely on the age of the person;
  • 34 U.S.C. § 41308(3)
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    (3) provide that each such report and all necessary and available information, which, with respect to each missing child report, shall include—
    (A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child;
    (B) a recent photograph of the child, if available;
    (C) the date and location of the last known contact with the child; and
    (D) the category under which the child is reported missing;
    is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and
  • 34 U.S.C. § 41308(4)(A)
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    (A) no later than 30 days after the original entry of the record into the State law enforcement system, National Crime Information Center computer networks, and the NamUs databases, verify and update such record with any additional information, including, where available, medical and dental records and a photograph taken during the previous 180 days;
  • 34 U.S.C. § 41308(4)(D)
    Go to provision →
    (D) maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and
  • 34 U.S.C. § 41308(4)(E)
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    (E) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.
  • 34 U.S.C. § 41309(a)(2)
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    (2) to the extent feasible, establish subcategories for State sex crimes that involve—
    (A) a person who is younger than 18 years of age;
    (B) the use of force, fraud or coercion; or
    (C) neither of the elements described in subparagraphs (A) and (B); and
  • 34 U.S.C. § 41309(b)(1)(B)
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    (B) direct, manage, or profit from such acts, such as State pimping and pandering crimes;
  • 34 U.S.C. § 41310(a)(3)
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    (3) The term “State” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
  • 34 U.S.C. § 41310(a)(4)
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    (4) The term “United States company” means an organization organized under the laws of the United States or a State or political subdivision thereof.
  • 34 U.S.C. § 41312(2)
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    (2) the protections available and actions taken, if any, by Federal, State, and local agencies to protect such women and girls; and
  • 34 U.S.C. § 41313(a)(2)
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    (2) the nature and specifics of any background checks conducted on prospective TNC drivers and drivers of other for-hire vehicles (including taxicabs), including any State and local laws requiring those background checks; and
  • 34 U.S.C. § 41313(b)
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    (b) In this section, the term “sexual assault” means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to consent.
  • 34 U.S.C. § 41502(b)
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    (b) The CASMIRC shall be managed by the National Center for the Analysis of Violent Crime of the Critical Incident Response Group of the Federal Bureau of Investigation (in this section referred to as the “NCAVC”), and by multidisciplinary resource teams in Federal Bureau of Investigation field offices, in order to provide investigative support through the coordination and provision of Federal law enforcement resources, training, and application of other multidisciplinary expertise, to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearances of children, child homicide, and serial murder across the country. The CASMIRC shall be co-located with the NCAVC.
  • 34 U.S.C. § 41502(c)(2)
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    (2) providing advice and coordinating the application of current and emerging technical, forensic, and other Federal assistance to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(3)
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    (3) providing investigative support, research findings, and violent crime analysis to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(4)
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    (4) providing, if requested by a Federal, State, or local law enforcement agency, on site consultation and advice in child abduction, mysterious disappearances of children, child homicide and serial murder investigations;
  • 34 U.S.C. § 41502(c)(5)
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    (5) coordinating the application of resources of pertinent Federal law enforcement agencies, and other Federal entities including, but not limited to, the United States Customs Service, the Secret Service, the Postal Inspection Service, and the United States Marshals Service, as appropriate, and with the concurrence of the agency head to support Federal, State, and local law enforcement involved in child abduction, mysterious disappearance of a child, child homicide, and serial murder investigations;
  • 34 U.S.C. § 41502(c)(7)
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    (7) working under the NCAVC in coordination with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to provide appropriate training to Federal, State, and local law enforcement in matters regarding child abductions, mysterious disappearances of children, child homicides; and
  • 34 U.S.C. § 41502(c)(8)
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    (8) establishing a centralized repository based upon case data reflecting child abductions, mysterious disappearances of children, child homicides and serial murder submitted by State and local agencies, and an automated system for the efficient collection, retrieval, analysis, and reporting of information regarding CASMIRC investigative resources, research, and requests for and provision of investigative support services.
  • 34 U.S.C. § 41502(d)(1)
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    (1) The Director of the Federal Bureau of Investigation shall appoint the members of the CASMIRC. The CASMIRC shall be staffed with Federal Bureau of Investigation personnel and other necessary personnel selected for their expertise that would enable them to assist in the research, data collection, and analysis, and provision of investigative support in child abduction, mysterious disappearances of children, child homicide and serial murder investigations. The Director may, with concurrence of the appropriate State or local agency, also appoint State and local law enforcement personnel to work with the CASMIRC.
  • 34 U.S.C. § 41502(d)(2)
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    (2) Each member of the CASMIRC (and each individual from any State or local law enforcement agency appointed to work with the CASMIRC) shall remain as an employee of that member’s or individual’s respective agency for all purposes (including the purpose of performance review), and service with the CASMIRC shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis, except if appropriate to reimburse State and local law enforcement for overtime costs for an individual appointed to work with the resource team. Additionally, reimbursement of travel and per diem expenses will occur for State and local law enforcement participation in resident fellowship programs at the NCAVC when offered.
  • 34 U.S.C. § 41502(d)(3)
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    (3) CASMIRC personnel, under the guidance of the Federal Bureau of Investigation’s National Center for the Analysis of Violent Crime and in consultation with the National Center For Missing and Exploited Children, shall develop a specialized course of instruction devoted to training members of the CASMIRC consistent with the purpose of this section. The CASMIRC shall also work with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to develop a course of instruction for State and local law enforcement personnel to facilitate the dissemination of the most current multidisciplinary expertise in the investigation of child abductions, mysterious disappearances of children, child homicides, and serial murder of children.
  • 34 U.S.C. § 41503(a)
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    (a) The Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives.
  • 34 U.S.C. § 41503(c)
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    (c) Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law enforcement agencies to locate or apprehend fugitives through task forces or any other means.
  • 34 U.S.C. § 41504(a)
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    (a) The Attorney General shall establish a program for each United States Attorney to provide for coordination with State and local law enforcement officials in the identification and prosecution of violations of Federal firearms laws including school gun violence and juvenile gun offenses.
  • 34 U.S.C. § 41505(a)(1)
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    (1) The Attorney General and the Federal Bureau of Investigation, in consultation with the retail community, shall establish a task force to combat organized retail theft and provide expertise to the retail community for the establishment of a national database or clearinghouse housed and maintained in the private sector to track and identify where organized retail theft type crimes are being committed in the United Sates.1 The national database shall allow Federal, State, and local law enforcement officials as well as authorized retail companies (and authorized associated retail databases) to transmit information into the database electronically and to review information that has been submitted electronically.
  • 34 U.S.C. § 41505(a)(3)
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    (3) The Director of the Bureau of Justice Assistance of the Office of Justice Programs may make grants to help provide for the administrative and technological costs to State and local law enforcement agencies participating in the data base2 project.
  • 34 U.S.C. § 41505(c)(1)
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    (1) the violation of a State prohibition on retail merchandise theft or shoplifting, if the violation consists of the theft of quantities of items that would not normally be purchased for personal use or consumption and for the purpose of reselling the items or for reentering the items into commerce;
  • 34 U.S.C. § 41506(a)(2)
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    (2) The Attorney General shall make available funds to provide for the ongoing administrative and technological costs to Federal, State, and local law enforcement agencies participating in the Task Force.
  • 34 U.S.C. § 41507(a)(9)
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    (9) tribal, State, and local law enforcement;
  • 34 U.S.C. § 41507(a)(10)
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    (10) Federal, tribal, State, and local prosecutors;
  • 34 U.S.C. § 41507(a)(11)
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    (11) Federal, tribal, State, and local probation and parole offices;
  • 34 U.S.C. § 41507(a)(12)
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    (12) Federal, tribal, State, and local prisons and jails; and
  • 34 U.S.C. § 41507(b)(1)
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    (1) Federal, tribal, State, and local law enforcement agencies;
  • 34 U.S.C. § 41507(b)(2)
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    (2) Federal, tribal, State, and local corrections agencies and penal institutions;
  • 34 U.S.C. § 41507(b)(3)
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    (3) Federal, tribal, State, and local prosecutorial agencies; and
  • 34 U.S.C. § 41508(a)
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    (a) The Attorney General, through the Office of Justice Programs, shall make grants under this section to the highest State courts in States participating in the program, for the purpose of enabling such courts to establish and maintain a threat assessment database described in subsection (b).
  • 34 U.S.C. § 41508(b)
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    (b) For purposes of subsection (a), a threat assessment database is a database through which a State can—
    (1) analyze trends and patterns in domestic terrorism and crime;
    (2) project the probabilities that specific acts of domestic terrorism or crime will occur; and
    (3) develop measures and procedures that can effectively reduce the probabilities that those acts will occur.
  • 34 U.S.C. § 41508(c)
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    (c) The Attorney General shall define a core set of data elements to be used by each database funded by this section so that the information in the database can be effectively shared with other States and with the Department of Justice.

Citations to §40104(12)