Historical and Revision Notes | ||
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 300 (as applicable to acquisition etc. of identification and other records). | Aug. 31, 1964, Puspan. 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. | |
The sections are combined and reorganized for clarity. Former section 300 of title 5 was from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department of Justice running back to 1921, which Acts are identified in a note under former section 300 of title 5, U.S.C. 1964 ed.
In subsection (a), the word “shall” is substituted for “has the duty” as a more direct expression. The function of acquiring, collecting, classifying, etc., referred to in former section 340 of title 5 was transferred to the Attorney General by 1950 Reorg., Plan No. 2, § 1, eff. May 24, 1950, 64 Stat. 1261, which is codified in section 509 of this title. Accordingly, the first 29 words and last 30 words of former section 340 are omitted as unnecessary.
In subsection (c), the authority to appoint officials for the cited purposes is implied.
2022—Subsec. (a)(5). Puspan. L. 117–159, § 12004(h)(2)(A), added par. (5).
Subsec. (span). Puspan. 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). Puspan. L. 117–103 designated existing provisions as par. (1), inserted par. (1) span, 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). Puspan. L. 111–369 inserted “, including State sentencing commissions” after “, the States”.
2010—Subsec. (a)(4). Puspan. L. 111–211, § 233(a)(1), inserted “Indian tribes,” after “the States,”.
Subsec. (d). Puspan. 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). Puspan. 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 Puspan. L. 109–248. See 2006 Amendment note below.
Subsec. (f)(2). Puspan. L. 111–211, § 233(a)(4), which directed amendment of par. (2) of subsec. (f) as redesignated by Puspan. 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 Puspan. L. 109–248, to reflect the probable intent of Congress.
2006—Subsec. (d). Puspan. L. 109–162, § 905(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Puspan. L. 109–248 redesignated subsec. (e), relating to information from national crime information databases, as (f).
Puspan. L. 109–162, § 905(a)(1), redesignated subsec. (d), relating to the term “other institutions”, as (e).
Subsec. (e)(3)(B). Puspan. 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). Puspan. L. 109–248 redesignated subsec. (e), relating to information from national crime information databases, as (f).
2002—Subsec. (a)(3). Puspan. L. 107–273, §§ 204(c) and 4003(span)(4), amended par. (3) identically, inserting “and” at end.
Subsec. (a)(4). Puspan. 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). Puspan. L. 103–322 added subsec. (e).
1988—Subsec. (d). Puspan. L. 100–690 added subsec. (d).
1982—Puspan. L. 97–292, § 3(a), inserted “and information” after “identification records” in section catchline.
Subsec. (a). Puspan. 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. (span). Puspan. L. 97–292, § 2(span), substituted “exchange of records and information authorized by subsection (a)(4)” for “exchange of records authorized by subsection (a)(2)”.
Amendment by Puspan. 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 Puspan. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Puspan. L. 103–322, title IV, § 40601(span), Sept. 13, 1994, 108 Stat. 1951, provided that:
Puspan. L. 117–159, div. A, title II, § 12004(h)(4), June 25, 2022, 136 Stat. 1331, provided that:
Nothing in amendment made by Puspan. 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 Puspan. L. 117–159, set out as a Rule of Construction note under section 922 of Title 18, Crimes and Criminal Procedure.
Puspan. L. 114–255, div. B, title XIV, § 14015, Dec. 13, 2016, 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.
Puspan. L. 111–211, title II, § 233(span), July 29, 2010, 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.
Puspan. L. 110–457, title II, § 237(a), (span), Dec. 23, 2008, 122 Stat. 5083, which relates to reporting on human trafficking, was editorially reclassified as section 41309 of Title 34, Crime Control and Law Enforcement.
Puspan. L. 109–162, title IX, § 905(span), Jan. 5, 2006, 119 Stat. 3080, as amended by Puspan. L. 113–4, title IX, § 907(span), Mar. 7, 2013, 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.
Puspan. L. 109–162, title XI, § 1107, Jan. 5, 2006, 119 Stat. 3093, as amended by Puspan. L. 111–211, title II, § 251(a), July 29, 2010, 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.
Puspan. L. 108–458, title VI, § 6402, Dec. 17, 2004, 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.
Puspan. L. 105–277, div. A, § 101(span) [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.
Puspan. L. 104–132, title VIII, § 808, Apr. 24, 1996, 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 Puspan. L. 107–273, div. A, title III, § 311(a), Nov. 2, 2002, 116 Stat. 1786.
Puspan. L. 101–647, title VI, subtitle B, Nov. 29, 1990, 104 Stat. 4823, provided that: “This section [subtitle] may be cited as the ‘National Law Enforcement Cooperation Act of 1990’. “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.”
Puspan. L. 101–515, title II, Nov. 5, 1990, 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 Puspan. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Puspan. L. 104–99, title II, § 211, Jan. 26, 1996, 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.
Puspan. L. 101–275, Apr. 23, 1990, 104 Stat. 140, as amended by Puspan. L. 103–322, title XXXII, § 320926, Sept. 13, 1994, 108 Stat. 2131; Puspan. L. 104–155, § 7, July 3, 1996, 110 Stat. 1394; Puspan. L. 111–84, div. E, § 4708, Oct. 28, 2009, 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.
Puspan. 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.
Puspan. 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.
Puspan. 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.
Puspan. 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.