§ 534. — Acquisition, preservation, and exchange of identification records and information; appointment of officials.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC534]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION
Sec. 534. Acquisition, preservation, and exchange of
identification records and information; appointment of officials
(a) The Attorney General shall--
(1) acquire, collect, classify, and preserve identification,
criminal identification, crime, and other records;
(2) acquire, collect, classify, and preserve any information
which would assist in the identification of any deceased individual
who has not been identified after the discovery of such deceased
individual;
(3) acquire, collect, classify, and preserve any information
which would assist in the location of any missing person (including
an unemancipated person as defined by the laws of the place of
residence of such person) and provide confirmation as to any entry
for such a person to the parent, legal guardian, or next of kin of
that person (and the Attorney General may acquire, collect,
classify, and preserve such information from such parent, guardian,
or next of kin); and
(4) exchange such records and information with, and for the
official use of, authorized officials of the Federal Government,
including the United States Sentencing Commission, the States,
cities, and penal and other institutions.
(b) The exchange of records and information authorized by subsection
(a)(4) of this section is subject to cancellation if dissemination is
made outside the receiving departments or related agencies.
(c) The Attorney General may appoint officials to perform the
functions authorized by this section.
(d) For purposes of this section, the term ``other institutions''
includes--
(1) railroad police departments which perform the administration
of criminal justice and have arrest powers pursuant to a State
statute, which allocate a substantial part of their annual budget to
the administration of criminal justice, and which meet training
requirements established by law or ordinance for law enforcement
officers; and
(2) police departments of private colleges or universities which
perform the administration of criminal justice and have arrest
powers pursuant to a State statute, which allocate a substantial
part of their annual budget to the administration of criminal
justice, and which meet training requirements established by law or
ordinance for law enforcement officers.
(e)(1) Information from national crime information databases
consisting of identification records, criminal history records,
protection orders, and wanted person records may be disseminated to
civil or criminal courts for use in domestic violence or stalking cases.
Nothing in this subsection shall be construed to permit access to such
records for any other purpose.
(2) Federal and State criminal justice agencies authorized to enter
information into criminal information databases may include--
(A) arrests, convictions, and arrest warrants for stalking or
domestic violence or for violations of protection orders for the
protection of parties from stalking or domestic violence; and
(B) protection orders for the protection of persons from
stalking or domestic violence, provided such orders are subject to
periodic verification.
(3) As used in this subsection--
(A) the term ``national crime information databases'' means the
National Crime Information Center and its incorporated criminal
history databases, including the Interstate Identification Index;
and
(B) 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.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616; amended
Pub. L. 97-292, Secs. 2, 3(a), Oct. 12, 1982, 96 Stat. 1259; Pub. L.
100-690, title VII, Sec. 7333, Nov. 18, 1988, 102 Stat. 4469; Pub. L.
103-322, title IV, Sec. 40601(a), Sept. 13, 1994, 108 Stat. 1950; Pub.
L. 107-273, div. A, title II, Sec. 204(c), div. B, title IV,
Sec. 4003(b)(4), div. C, title I, Sec. 11004, Nov. 2, 2002, 116 Stat.
1776, 1811, 1816.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 300 (as Aug. 31, 1964, Pub. L.
applicable to 88-527, Sec. 201
acquisition etc. of (1st 105 words of 1st
identification and other par. under ``Federal
records). 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.
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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, Sec. 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.
Amendments
2002--Subsec. (a)(3). Pub. L. 107-273, Secs. 204(c) and 4003(b)(4),
amended par. (3) identically, inserting ``and'' at end.
Subsec. (a)(4). Pub. L. 107-273, Sec. 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, Sec. 3(a), inserted ``and information'' after
``identification records'' in section catchline.
Subsec. (a). Pub. L. 97-292, Sec. 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, Sec. 2(b), substituted ``exchange of
records and information authorized by subsection (a)(4)'' for ``exchange
of records authorized by subsection (a)(2)''.
Criminal Background Checks for Applicants for Employment in Nursing
Facilities and Home Health Care Agencies
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 124], Oct. 21,
1998, 112 Stat. 2681-50, 2681-73, provided that:
``(a)(1) A nursing facility or home health care agency may submit a
request to the Attorney General to conduct a search and exchange of
records described in subsection (b) regarding an applicant for
employment if the employment position is involved in direct patient
care.
``(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, United States Code) after acquiring
the fingerprints, signed statement, and information.
``(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.
``(c) Information regarding an applicant for employment in a nursing
facility or home health care agency obtained pursuant to this section
may be used only by the facility or agency requesting the information
and only for the purpose of determining the suitability of the applicant
for employment by the facility or agency in a position involved in
direct patient care.
``(d) The Attorney General may charge a reasonable fee, not to
exceed $50 per request, to any nursing facility or home health care
agency requesting a search and exchange of records pursuant to this
section.
``(e) Not later than 2 years after the date of enactment of this Act
[Oct. 21, 1998], the Attorney General shall submit a report to Congress
on the number of requests for searches and exchanges of records made
under this section by nursing facilities and home health care agencies
and the disposition of such requests.
``(f) Whoever knowingly uses any information obtained pursuant to
this section for a purpose other than as authorized under subsection (c)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
``(g) A nursing facility or home health care agency that, in denying
employment for an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not be liable in
any action brought by the applicant based on the employment
determination resulting from the incompleteness or inaccuracy of the
information.
``(h) The Attorney General may promulgate such regulations as are
necessary to carry out this section, including regulations regarding the
security, confidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of fees, and
any necessary modifications to the definitions contained in subsection
(i).
``(i) In this section:
``(1) The term `home health care agency' means an agency that
provides home health care or personal care services on a visiting
basis in a place of residence.
``(2) The term `nursing facility' means a facility or
institution (or a distinct part of an institution) that is primarily
engaged in providing to residents of the facility or institution
nursing care, including skilled nursing care, and related services
for individuals who require medical or nursing care.
``(j) This section shall apply without fiscal year limitation.''
Compilation of Statistics Relating to Intimidation of Government
Employees
Pub. L. 104-132, title VIII, Sec. 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 Pub. L. 107-273, div. A, title III,
Sec. 311(a), Nov. 2, 2002, 116 Stat. 1786.
Rulemaking Relating to Access to Federal Criminal Information Databases
Section 40601(b) of Pub. L. 103-322 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.''
National Crime Information Center Project 2000
Pub. L. 101-647, title VI, subtitle B, Nov. 29, 1990, 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, 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
Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as
amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat.
37, provided in part that: ``for fiscal year 1991 and hereafter the
Director of the Federal Bureau of Investigation may 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, and notwithstanding
the provisions of 31 U.S.C. 3302, credit such fees to this appropriation
to be used for salaries and other expenses incurred in providing these
services, and that the Director of the Federal Bureau of Investigation
may establish such fees at a level to include an additional amount to
establish a fund to remain available until expended to defray expenses
for the automation of fingerprint identification and criminal justice
information services and associated costs''.
Hate Crime Statistics
Pub. L. 101-275, Apr. 23, 1990, 104 Stat. 140, as amended by Pub. L.
103-322, title XXXII, Sec. 320926, Sept. 13, 1994, 108 Stat. 2131; Pub.
L. 104-155, Sec. 7, July 3, 1996, 110 Stat. 1394, provided: ``That (a)
this Act may be cited as the `Hate Crime Statistics Act'.
``(b)(1) Under the authority of section 534 of title 28, United
States Code, the Attorney General shall acquire data, for each calendar
year, about crimes that manifest evidence of prejudice based on race,
religion, disability, sexual orientation, or ethnicity, including where
appropriate the crimes of murder, non-negligent manslaughter; forcible
rape; aggravated assault, simple assault, intimidation; arson; and
destruction, damage or vandalism of property.
``(2) The Attorney General shall establish guidelines for the
collection of such data including the necessary evidence and criteria
that must be present for a finding of manifest prejudice and procedures
for carrying out the purposes of this section.
``(3) Nothing in this section creates a cause of action or a right
to bring an action, including an action based on discrimination due to
sexual orientation. As used in this section, the term `sexual
orientation' means consensual homosexuality or heterosexuality. This
subsection does not limit any existing cause of action or right to bring
an action, including any action under the Administrative Procedure Act
[5 U.S.C. 551 et seq., 701 et seq.] or the All Writs Act [see 28 U.S.C.
1651].
``(4) Data acquired under this section shall be used only for
research or statistical purposes and may not contain any information
that may reveal the identity of an individual victim of a crime.
``(5) The Attorney General shall publish an annual summary of the
data acquired under this section.
``(c) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section through fiscal
year 2002.
``Sec. 2. (a) Congress finds that--
``(1) the American family life is the foundation of American
Society,
``(2) Federal policy should encourage the well-being, financial
security, and health of the American family,
``(3) schools should not de-emphasize the critical value of
American family life.
``(b) Nothing in this Act shall be construed, nor shall any funds
appropriated to carry out the purpose of the Act be used, to promote or
encourage homosexuality.''
Uniform Federal Crime Reporting Act of 1988
Section 7332 of Pub. L. 100-690 provided that:
``(a) Short Title.--This section may be cited as the `Uniform
Federal Crime Reporting Act of 1988'.
``(b) Definitions.--For purposes of this section, the term `Uniform
Crime Reports' means the reports authorized under section 534 of title
28, United States Code, and administered by the Federal Bureau of
Investigation which compiles nationwide criminal statistics for use in
law enforcement administration, operation, and management and to assess
the nature and type of crime in the United States.
``(c) Establishment of System.--
``(1) In general.--The Attorney General shall acquire, collect,
classify, and preserve national data on Federal criminal offenses as
part of the Uniform Crime Reports.
``(2) Reporting by federal agencies.--All departments and
agencies within the Federal government (including the Department of
Defense) which routinely investigate complaints of criminal
activity, shall report details about crime within their respective
jurisdiction to the Attorney General in a uniform manner and on a
form prescribed by the Attorney General. The reporting required by
this subsection shall be limited to the reporting of those crimes
comprising the Uniform Crime Reports.
``(3) Distribution of data.--The Attorney General shall
distribute data received pursuant to paragraph (2), in the form of
annual Uniform Crime Reports for the United States, 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.
``(d) Role of Federal Bureau of Investigation.--The Attorney General
may designate the Federal Bureau of Investigation as the lead agency for
purposes of performing the functions authorized by this section and may
appoint or establish such advisory and oversight boards as may be
necessary to assist the Bureau in ensuring uniformity, quality, and
maximum use of the data collected.
``(e) Inclusion of Offenses Involving Illegal Drugs.--The Director
of the Federal Bureau of Investigation is authorized to classify
offenses involving illegal drugs and drug trafficking as a part I crime
in the Uniform Crime Reports.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated $350,000 for fiscal year 1989 and such sums as may be
necessary to carry out the provisions of this section after fiscal year
1989.
``(g) Effective Date.--The provisions of this section shall be
effective on January 1, 1989.''
Family and Domestic Violence; Data Collection and Reporting
Section 7609 of Pub. L. 100-690 provided that:
``(a) Family Violence Reporting.--Under the authority of section 534
of title 28, United States Code, the Attorney General shall require, and
include in uniform crime reports, data that indicate--
``(1) the age of the victim; and
``(2) the relationship of the victim to the offender, for crimes
of murder, aggravated assault, simple assault, rape, sexual
offenses, and offenses against children.
``(b) National Crime Survey.--The Director of the Bureau of Justice
Statistics, through the annual National Crime Survey, shall collect and
publish data that more accurately measures the extent of domestic
violence in America, especially the physical and sexual abuse of
children and the elderly.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated in fiscal years 1989, 1990, 1991, and 1992, such sums as
are necessary to carry out the purposes of this section.''
Parimutuel Licensing Simplification
Pub. L. 100-413, Aug. 22, 1988, 102 Stat. 1101, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Parimutuel Licensing Simplification
Act of 1988'.
``SEC. 2. SUBMISSION BY ASSOCIATION OF STATE REGULATORY OFFICIALS.
``(a) In General.--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.
``(b) Definition.--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.
``SEC. 3. EFFECTIVE DATE.
``This Act shall take effect on July 1, 1989.''
Funds for Exchange of Identification Records
Pub. L. 92-544, title II, Sec. 201, Oct. 25, 1972, 86 Stat. 1115,
provided that: ``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 statute and approved by the Attorney General, to
officials of State 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.''
