
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-177 Section 102]
[Document affected by Public Law 106-561 Section 2(c)(4)]
[Document affected by Public Law 107-56 Section 1015]
[CITE: 42USC14601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 140--CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND 
                              COMMUNICATION
 
              SUBCHAPTER I--CRIME IDENTIFICATION TECHNOLOGY
 
Sec. 14601. State grant program for criminal justice 
        identification, information, and communication
        

(a) In general

    Subject to the availability of amounts provided in advance in 
appropriations Acts, the Office of Justice Programs relying principally 
on the expertise of the Bureau of Justice Statistics shall make a grant 
to each State, in a manner consistent with the national criminal history 
improvement program, which shall be used by the State, in conjunction 
with units of local government, State and local courts, other States, or 
combinations thereof, to establish or upgrade an integrated approach to 
develop information and identification technologies and systems to--
        (1) upgrade criminal history and criminal justice record 
    systems, including systems operated by law enforcement agencies and 
    courts;
        (2) improve criminal justice identification;
        (3) promote compatibility and integration of national, State, 
    and local systems for--
            (A) criminal justice purposes;
            (B) firearms eligibility determinations;
            (C) identification of sexual offenders;
            (D) identification of domestic violence offenders; and
            (E) background checks for other authorized purposes 
        unrelated to criminal justice; and

        (4) capture information for statistical and research purposes to 
    improve the administration of criminal justice.

(b) Use of grant amounts

    Grants under this section may be used for programs to establish, 
develop, update, or upgrade--
        (1) State centralized, automated, adult and juvenile criminal 
    history record information systems, including arrest and disposition 
    reporting;
        (2) automated fingerprint identification systems that are 
    compatible with standards established by the National Institute of 
    Standards and Technology and interoperable with the Integrated 
    Automated Fingerprint Identification System (IAFIS) of the Federal 
    Bureau of Investigation;
        (3) finger imaging, live scan, and other automated systems to 
    digitize fingerprints and to communicate prints in a manner that is 
    compatible with standards established by the National Institute of 
    Standards and Technology and interoperable with systems operated by 
    States and by the Federal Bureau of Investigation;
        (4) programs and systems to facilitate full participation in the 
    Interstate Identification Index of the National Crime Information 
    Center;
        (5) systems to facilitate full participation in any compact 
    relating to the Interstate Identification Index of the National 
    Crime Information Center;
        (6) systems to facilitate full participation in the national 
    instant criminal background check system established under section 
    103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 
    note) for firearms eligibility determinations;
        (7) integrated criminal justice information systems to manage 
    and communicate criminal justice information among law enforcement 
    agencies, courts, prosecutors, and corrections agencies;
        (8) noncriminal history record information systems relevant to 
    firearms eligibility determinations for availability and 
    accessibility to the national instant criminal background check 
    system established under section 103(b) of the Brady Handgun 
    Violence Prevention Act (18 U.S.C. 922 note);
        (9) court-based criminal justice information systems that 
    promote--
            (A) reporting of dispositions to central State repositories 
        and to the Federal Bureau of Investigation; and
            (B) compatibility with, and integration of, court systems 
        with other criminal justice information systems;

        (10) ballistics identification and information programs that are 
    compatible and integrated with the National Integrated Ballistics 
    Network (NIBN);
        (11) the capabilities of forensic science programs and medical 
    examiner programs related to the administration of criminal justice, 
    including programs leading to accreditation or certification of 
    individuals or departments, agencies, or laboratories, and programs 
    relating to the identification and analysis of deoxyribonucleic 
    acid;
        (12) sexual offender identification and registration systems;
        (13) domestic violence offender identification and information 
    systems;
        (14) programs for fingerprint-supported background checks 
    capability for noncriminal justice purposes, including youth service 
    employees and volunteers and other individuals in positions of 
    responsibility, if authorized by Federal or State law and 
    administered by a government agency;
        (15) criminal justice information systems with a capacity to 
    provide statistical and research products including incident-based 
    reporting systems that are compatible with the National Incident-
    Based Reporting System (NIBRS) and uniform crime reports; and
        (16) multiagency, multijurisdictional communications systems 
    among the States to share routine and emergency information among 
    Federal, State, and local law enforcement agencies.

(c) Assurances

                           (1) In general

        To be eligible to receive a grant under this section, a State 
    shall provide assurances to the Attorney General that the State has 
    the capability to contribute pertinent information to the national 
    instant criminal background check system established under section 
    103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 
    note).

                       (2) Information sharing

        Such assurances shall include a provision that ensures that a 
    statewide strategy for information sharing systems is underway, or 
    will be initiated, to improve the functioning of the criminal 
    justice system, with an emphasis on integration of all criminal 
    justice components, law enforcement, courts, prosecution, 
    corrections, and probation and parole. The strategy shall be 
    prepared after consultation with State and local officials with 
    emphasis on the recommendation of officials whose duty it is to 
    oversee, plan, and implement integrated information technology 
    systems, and shall contain--
            (A) a definition and analysis of ``integration'' in the 
        State and localities developing integrated information sharing 
        systems;
            (B) an assessment of the criminal justice resources being 
        devoted to information technology;
            (C) Federal, State, regional, and local information 
        technology coordination requirements;
            (D) an assurance that the individuals who developed the 
        grant application took into consideration the needs of all 
        branches of the State Government and specifically sought the 
        advice of the chief of the highest court of the State with 
        respect to the application;
            (E) State and local resource needs;
            (F) the establishment of statewide priorities for planning 
        and implementation of information technology systems; and
            (G) a plan for coordinating the programs funded under this 
        subchapter with other federally funded information technology 
        programs, including directly funded local programs such as the 
        Local Law Enforcement Block Grant program (described under the 
        heading ``Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance'' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119)) and the M.O.R.E. 
        program established pursuant to part Q of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3796dd et 
        seq.].

(d) Matching funds

    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 Attorney General waives, wholly or in part, 
the requirements of this subsection.

(e) Authorization of appropriations

                           (1) In general

        There is authorized to be appropriated to carry out this section 
    $250,000,000 for each of fiscal years 1999 through 2003.

                           (2) Limitations

        Of the amount made available to carry out this section in any 
    fiscal year--
            (A) not more than 3 percent may be used by the Attorney 
        General for salaries and administrative expenses;
            (B) not more than 5 percent may be used for technical 
        assistance, training and evaluations, and studies commissioned 
        by Bureau of Justice Statistics of the Department of Justice 
        (through discretionary grants or otherwise) in furtherance of 
        the purposes of this section;
            (C) not less than 20 percent shall be used by the Attorney 
        General for the purposes described in paragraph (11) of 
        subsection (b) of this section; and
            (D) the Attorney General shall ensure the amounts are 
        distributed on an equitable geographic basis.

(f) Grants to Indian tribes

    Notwithstanding any other provision of this section, the Attorney 
General may use amounts made available under this section to make grants 
to Indian tribes for use in accordance with this section.

(Pub. L. 105-251, title I, Sec. 102, Oct. 9, 1998, 112 Stat. 1871.)

                       References in Text

    Section 103(b) of the Brady Handgun Violence Prevention Act, 
referred to in subsecs. (b)(6), (8) and (c)(1), is section 103(b) of 
Pub. L. 103-159, as amended, which is set out as a note under section 
922 of Title 18, Crimes and Criminal Procedure.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1998, referred to in subsec. 
(c)(2)(G), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat. 2440. Provisions 
described under the heading ``Violent Crime Reduction Programs, State 
and Local Law Enforcement Assistance'' appear at 111 Stat. 2452, and are 
not classified to the Code.
    The Omnibus Crime Control and Safe Streets Act of 1968, referred to 
in subsec. (c)(2)(G), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as 
amended. Part Q of title I of the Act is classified generally to 
subchapter XII-E (Sec. 3796dd et seq.) of chapter 46 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 3711 of this title and Tables.


                               Short Title

    Pub. L. 105-251, title I, Sec. 101, Oct. 9, 1998, 112 Stat. 1871, 
provided that: ``This title [enacting this subchapter] may be cited as 
the `Crime Identification Technology Act of 1998'.''
    Pub. L. 105-251, title II, Sec. 201, Oct. 9, 1998, 112 Stat. 1874, 
provided that: ``This title [enacting subchapter II of this chapter, 
amending sections 5119a and 5119b of this title, and enacting provisions 
set out as a note under section 5101 of this title] may be cited as the 
`National Criminal History Access and Child Protection Act'.''
    Pub. L. 105-251, title II, Sec. 211, Oct. 9, 1998, 112 Stat. 1874, 
provided that: ``This subtitle [subtitle A (Secs. 211-217) of title II 
of Pub. L. 105-251, enacting subchapter II of this chapter] may be cited 
as the `National Crime Prevention and Privacy Compact Act of 1998'.''
