28 U.S.C. § 534
28 U.S.C. § 534
| HISTORICAL AND REVISION NOTE | ||
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 300 (as applicable to acquisition etc. of identification and other records). | Aug. 31, 1964, Pub. L. 88-527, §201 (1st 105 words of 1st par. under "Federal Bureau of Investigation", as applicable to acquisition etc. of identification and other records), 78 Stat. 717. | |
| 5 U.S.C. 340 . | June 11, 1930, ch. 455, 46 Stat. 554. | |
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a)(5). Pub. L. 117-159, §12004(h)(2)(A), added par. (5). Subsec. (b). Pub. L. 117-159, §12004(h)(2)(B), inserted ", except for dissemination authorized under subsection (a)(5) of this section" before period at end. Subsec. (d). Pub. L. 117-103 designated existing provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3). 2011-Subsec. (a)(4). Pub. L. 111-369 inserted ", including State sentencing commissions" after ", the States".2010-Subsec. (a)(4). Pub. L. 111-211, §233(a)(1), inserted "Indian tribes," after "the States,". Subsec. (d). Pub. L. 111-211, §233(a)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "The Attorney General shall permit Indian law enforcement agencies, in cases of domestic violence, dating violence, sexual assault, and stalking, to enter information into Federal criminal information databases and to obtain information from the databases."Subsec. (e). Pub. L. 111-211, §233(a)(3), which directed redesignation of "the second subsection (e)" as (f), could not be executed because only one subsec. (e) appeared subsequent to amendment by Pub. L. 109-248. See 2006 Amendment note below.Subsec. (f)(2). Pub. L. 111-211, §233(a)(4), which directed amendment of par. (2) of subsec. (f) as redesignated by Pub. L. 111-211 by inserting ", tribal," after "Federal" in introductory provisions, was executed by making the insertion in par. (2) of subsec. (f) as redesignated by Pub. L. 109-248, to reflect the probable intent of Congress.2006-Subsec. (d). Pub. L. 109-162, §905(a)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109-248 redesignated subsec. (e), relating to information from national crime information databases, as (f). Pub. L. 109-162, §905(a)(1), redesignated subsec. (d), relating to the term "other institutions", as (e). Subsec. (e)(3)(B). Pub. L. 109-162, §118, added subpar. (B) and struck out former subpar. (B) which read as follows: "the term 'protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection."Subsec. (f). Pub. L. 109-248 redesignated subsec. (e), relating to information from national crime information databases, as (f).2002-Subsec. (a)(3). Pub. L. 107-273, §§204(c) and 4003 (b)(4), amended par. (3) identically, inserting "and" at end.Subsec. (a)(4). Pub. L. 107-273, §11004, added par. (4) and struck out former par. (4) which read as follows: "exchange such records and information with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions."1994-Subsec. (e). Pub. L. 103-322 added subsec. (e).1988-Subsec. (d). Pub. L. 100-690 added subsec. (d). 1982-Pub. L. 97-292, §3(a), inserted "and information" after "identification records" in section catchline. Subsec. (a). Pub. L. 97-292, §2(a), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted "exchange such records and information" for "exchange these records" in par. (4). Subsec. (b). Pub. L. 97-292, §2(b), substituted "exchange of records and information authorized by subsection (a)(4)" for "exchange of records authorized by subsection (a)(2)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117-103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
REGULATIONS Pub. L. 103-322, §40601, 108 Stat. 1951, provided that: "The Attorney General may make rules to carry out the subsection added to section 534 of title 28, United States Code, by subsection (a), after consultation with the officials charged with managing the National Crime Information Center and the Criminal Justice Information Services Advisory Policy Board."
STATUTORY CONSTRUCTION; EVIDENCE Pub. L. 117-159, §12004, 136 Stat. 1331, provided that:"(A) STATUTORY CONSTRUCTION.-Nothing in this subsection [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as a note preceding section 41101 of Title 34] or the amendments made by this subsection shall be construed-"(i) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or"(ii) to establish any standard of care."(B) EVIDENCE.-Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this subsection or the amendments made by this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity."Nothing in amendment made by Pub. L. 117-159 to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117-159, set out as a Rule of Construction note under section 922 of Title 18, Crimes and Criminal Procedure.
IMPROVING DEPARTMENT OF JUSTICE DATA COLLECTION ON MENTAL ILLNESS INVOLVED IN CRIME Pub. L. 114-255, §14015, 130 Stat. 1306, which requires inclusion of data with respect to the involvement of mental illness in incidences of certain crimes in data prepared by or submitted to the Attorney General or the FBI Director, was editorially reclassified as section 41311 of Title 34, Crime Control and Law Enforcement.
ACCESS TO NATIONAL CRIME INFORMATION DATABASES Pub. L. 111-211, §233, 124 Stat. 2279, which requires the Attorney General to ensure that tribal law enforcement officials that meet applicable Federal or State requirements be permitted access to national crime information databases, was editorially reclassified as section 41107 of Title 34, Crime Control and Law Enforcement.
ADDITIONAL REPORTING ON CRIME Pub. L. 110-457, §237, 122 Stat. 5083, which relates to reporting on human trafficking, was editorially reclassified as section 41309 of Title 34, Crime Control and Law Enforcement.
TRIBAL REGISTRY Pub. L. 109-162, §905(b), Jan. 5, 2006, 119 Stat. 3080, as amended by Pub. L. 113-4, §907, 127 Stat. 125, which directed the Attorney General to establish and maintain a national tribal sex offender registry along with interested tribal organizations, was editorially reclassified as section 20903 of Title 34, Crime Control and Law Enforcement.
NATIONAL GANG INTELLIGENCE CENTER Pub. L. 109-162, §1107, Jan. 5, 2006, 119 Stat. 3093, as amended by Pub. L. 111-211, §251, 124 Stat. 2297, providing for the establishment of the National Gang Intelligence Center, was editorially reclassified as section 41507 of Title 34, Crime Control and Law Enforcement.
REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT Pub. L. 108-458, §6402, 118 Stat. 3755, known as the Private Security Officer Employment Authorization Act of 2004, was editorially reclassified as section 41106 of Title 34, Crime Control and Law Enforcement.
CRIMINAL BACKGROUND CHECKS FOR APPLICANTS FOR EMPLOYMENT IN NURSING FACILITIES AND HOME HEALTH CARE AGENCIES Pub. L. 105-277, div. A, §101(b) [title I, §124], Oct. 21, 1998, 112 Stat. 2681-50, 2681-73, which authorizes a nursing facility or home health care agency to submit a request to the Attorney General to conduct a search and exchange of criminal history records regarding an applicant for employment if the employment position is involved in direct patient care, was editorially reclassified as section 41105 of Title 34, Crime Control and Law Enforcement.
COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES Pub. L. 104-132, §808, 110 Stat. 1310, which required Attorney General to collect data for the calendar year 1990 and each succeeding calendar year, relating to crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties, and to annually publish a summary of the data collected to be used only for research and statistical purposes, was repealed by Pub. L. 107-273, §311, 116 Stat. 1786.
NATIONAL CRIME INFORMATION CENTER PROJECT 2000 Pub. L. 101-647, 104 Stat. 4823, provided that:
"SEC. 611. SHORT TITLE."This section [subtitle] may be cited as the 'National Law Enforcement Cooperation Act of 1990'.
"SEC. 612. FINDINGS."The Congress finds that-"(1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States; "(2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies; "(3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and"(4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, 'NCIC 2000', to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century.
"SEC. 613. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated the following sums to implement the 'NCIC 2000' project:"(1) $17,000,000 for fiscal year 1991;"(2) $25,000,000 for fiscal year 1992; "(3) $22,000,000 for fiscal year 1993; "(4) $9,000,000 for fiscal year 1994; and"(5) such sums as may be necessary for fiscal year 1995.
"SEC. 614. REPORT."By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC 2000."
FBI FEES TO PROCESS FINGERPRINT IDENTIFICATION RECORDS AND NAME CHECKS Pub. L. 101-515, 104 Stat. 2112, as amended by section 113 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104-91, §101, 110 Stat. 11, as amended by Pub. L. 104-99, §211, 110 Stat. 37, which authorized the FBI Director to establish and collect fees to process fingerprint identification records and name checks for non-criminal justice, non-law enforcement employment and licensing purposes and for certain employees of private sector contractors with classified Government contracts, was editorially reclassified as section 41104 of Title 34, Crime Control and Law Enforcement.
HATE CRIME STATISTICS Pub. L. 101-275, 104 Stat. 140, as amended by Pub. L. 103-322, §320926, 108 Stat. 2131; Pub. L. 104-155, §7, July 3, 1996, 110 Stat. 1394; Pub. L. 111-84, §4708, 123 Stat. 2841, known as the Hate Crimes Statistics Act, consisting of sections 1 and 2, was editorially reclassified to Title 34, Crime Control and Law Enforcement. Section 1 was editorially reclassified as section 41305 of Title 34. Section 2 was editorially reclassified as a note under section 41305 of Title 34.
UNIFORM FEDERAL CRIME REPORTING ACT OF 1988 Pub. L. 100-690, title VII, §7332, Nov. 18, 1988, 102 Stat. 4468, known as the Uniform Federal Crime Reporting Act of 1988, was editorially reclassified as section 41303 of Title 34, Crime Control and Law Enforcement.
FAMILY AND DOMESTIC VIOLENCE; DATA COLLECTION AND REPORTINGPub. L. 100-690, title VII, §7609, Nov. 18, 1988, 102 Stat. 4517, which required inclusion of certain data relating to the victim in uniform crime reports by the Attorney General and publication of domestic violence data by the Director of the Bureau of Justice Statistics, was editorially reclassified as section 41304 of Title 34, Crime Control and Law Enforcement.
PARIMUTUEL LICENSING SIMPLIFICATION Pub. L. 100-413, Aug. 22, 1988, 102 Stat. 1101, known as the Parimutuel Licensing Simplification Act of 1988, consisting of sections 1 to 3, was editorially reclassified to Title 34, Crime Control and Law Enforcement. Section 1 was editorially reclassified as a Short Title of 1988 Act note under section 10101 of Title 34. Section 2 was editorially reclassified as section 41102 of Title 34. Section 3 was editorially reclassified as an Effective Date note under section 41102 of Title 34.
FUNDS FOR EXCHANGE OF IDENTIFICATION RECORDS Pub. L. 92-544, title II, Oct. 25, 1972, 86 Stat. 1115, which provided funds for the exchange of identification records, was editorially reclassified as section 41101 of Title 34, Crime Control and Law Enforcement.