
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3759]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
        SUBCHAPTER V--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
 
        Part A--Drug Control and System Improvement Grant Program
 
Sec. 3759. Improvement of criminal justice records


(a) Percentage allocation of funds

    Subject to subsection (d) of this section, each State which receives 
funds under section 3756 of this title in a fiscal year shall allocate 
not less than 5 percent of such funds to the improvement of criminal 
justice records.

(b) Includible improvements

    The improvement referred to in subsection (a) of this section shall 
include--
        (1) the completion of criminal histories to include the final 
    dispositions of all arrests for felony offenses;
        (2) the full automation of all criminal justice histories and 
    fingerprint records;
        (3) the frequency and quality of criminal history reports to the 
    Federal Bureau of Investigation; and
        (4) \1\ the improvement of State record systems and the sharing 
    with the Attorney General of all of the records described in 
    paragraphs (1), (2), and (3) of this subsection and the records 
    required by the Attorney General under section 103 of the Brady 
    Handgun Violence Prevention Act, for the purpose of implementing 
    that Act.
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    \1\ So in original. Two pars. (4) have been enacted.
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        (4) \1\ the improvement of State record systems and the sharing 
    of all of the records described in paragraphs (1), (2), and (3) and 
    the child abuse crime records required under the National Child 
    Protection Act of 1993 [42 U.S.C. 5119 et seq.] with the Attorney 
    General for the purpose of implementing the National Child 
    Protection Act of 1993.

(c) Guidelines

    The Director, in consultation with the Director of the Bureau of 
Justice Statistics, shall establish guidelines for the fulfillment of 
the requirements specified in subsections (a) and (b) of this section.

(d) Expenditures unwarranted in light of quality of criminal justice 
        records

    In accordance with such guidelines as the Director shall issue and 
on the request of a State, the Director may--
        (1) waive compliance with subsection (a) of this section by such 
    State; or
        (2) authorize such State to reduce the minimum amount such State 
    is required to allocate under subsection (a) of this section;

if the Director, in the discretion of the Director, finds that the 
quality of the State's criminal justice records does not warrant 
expending the amount allocated under subsection (a) of this section.

(Pub. L. 90-351, title I, Sec. 509, as added Pub. L. 101-647, title 
XVIII, Sec. 1803(a), Nov. 29, 1990, 104 Stat. 4850; amended Pub. L. 103-
159, title I, Sec. 106(a), Nov. 30, 1993, 107 Stat. 1543; Pub. L. 103-
209, Sec. 4(a), Dec. 20, 1993, 107 Stat. 2493.)

                       References in Text

    The Brady Handgun Violence Prevention Act, referred to in subsec. 
(b)(4), is title I of Pub. L. 103-159, Nov. 30, 1993, 107 Stat. 1536, 
which enacted section 925A of Title 18, Crimes and Criminal Procedure, 
amended this section and sections 921, 922, and 924 of Title 18, and 
enacted provisions set out as notes under sections 921 and 922 of Title 
18. Section 103 of Act is set out as a note under section 922 of Title 
18. For complete classification of this Act to the Code, see Short Title 
of 1993 Amendment note set out under section 921 of Title 18 and Tables.
    The National Child Protection Act of 1993, referred to in subsec. 
(b)(4), is Pub. L. 103-209, Dec. 20, 1993, 107 Stat. 2490, which is 
classified principally to subchapter VI (Sec. 5119 et seq.) of chapter 
67 of this title. For complete classification of this Act to the Code, 
see Short Title of 1993 Amendment note set out under section 5101 of 
this title and Tables.


                            Prior Provisions

    For prior section 509 of Pub. L. 90-351 and prior section 3759 of 
this title, see note set out preceding section 3750 of this title.


                               Amendments

    1993--Subsec. (b)(2). Pub. L. 103-159, Sec. 106(a)(1), and Pub. L. 
103-209, Sec. 4(a)(1), amended par. (2) identically, striking ``and'' at 
end.
    Subsec. (b)(3). Pub. L. 103-159, Sec. 106(a)(2), and Pub. L. 103-
209, Sec. 4(a)(2), amended par. (3) identically, substituting ``; and'' 
for period at end.
    Subsec. (b)(4). Pub. L. 103-209, Sec. 4(a)(3), added par. (4) 
relating to funding for improvement of State record systems and sharing 
of records described in pars. (1), (2), and (3) and child abuse crime 
information.
    Pub. L. 103-159, Sec. 106(a)(3), added par. (4) relating to funding 
for improvement of State record systems and sharing of records described 
in pars. (1), (2), and (3) and records required by the Attorney General 
under section 103 of the Brady Handgun Violence Protection Act.


                             Effective Date

    Section 1803(c) of Pub. L. 101-647 provided that: ``The amendments 
made by this section [enacting this section] shall not apply with 
respect to any fiscal year beginning before the date of the enactment of 
this Act [Nov. 29, 1990].''

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.
