dreamproit/uscode huggingface dataset:
34 U.S.C. § 40706 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40706. Privacy protection standards
(a) In general
Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under, section 40701, 40702, or 40703 of this title may be used only for a purpose specified in such section.
(b) Permissive uses
A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 12592(b)(3) of this title.
(c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(Pub. L. 106–546, § 10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, § 203(e)(2), title III, § 309, Oct. 30, 2004, 118 Stat. 2271, 2275.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14135e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–405, § 309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A person who knowingly—
“(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or
“(2) obtains, without authorization, a sample or result described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.”
Pub. L. 108–405, § 203(e)(2), substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000” in concluding provisions.
34 U.S.C. § 40721 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40721. Report to Congress on plans to modify CODIS system
If the Department of Justice plans to modify or supplement the core genetic markers needed for compatibility with the CODIS system, it shall notify the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives in writing not later than 180 days before any change is made and explain the reasons for such change.
(Pub. L. 108–405, title II, § 203(f), Oct. 30, 2004, 118 Stat. 2271.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of subsec. (f) of section 203 of Pub. L. 108–405. For complete classification of section 203, see Tables.
Section was formerly classified as a note under section 531 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40724 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40724. DNA research and development
(a) Improving DNA technology
The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.
(b) Demonstration projects
The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.
(c) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(Pub. L. 108–405, title III, § 305, Oct. 30, 2004, 118 Stat. 2273; Pub. L. 114–324, § 8(a), Dec. 16, 2016, 130 Stat. 1954.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14136b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2016—Subsec. (c). Pub. L. 114–324 substituted “$5,000,000 for each of fiscal years 2017 through 2021” for “$15,000,000 for each of fiscal years 2005 through 2009”.
34 U.S.C. § 40725 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40725. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the “Commission”), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).
(b) Responsibilities
The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures
The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(Pub. L. 108–405, title III, § 306, Oct. 30, 2004, 118 Stat. 2274.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14136c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40726 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40726. DNA identification of missing persons
(a) In general
The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(b) Requirement
Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
(c) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(Pub. L. 108–405, title III, § 308, Oct. 30, 2004, 118 Stat. 2275; Pub. L. 114–324, § 8(c), Dec. 16, 2016, 130 Stat. 1954.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14136d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2016—Subsec. (c). Pub. L. 114–324 substituted “fiscal years 2017 through 2021” for “fiscal years 2005 through 2009”.
34 U.S.C. § 40727 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40727. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
(a) In general
The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
(b) Authorization of appropriations
There are authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(c) State defined
For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 108–405, title IV, § 412, Oct. 30, 2004, 118 Stat. 2284; Pub. L. 114–324, § 12(b), Dec. 16, 2016, 130 Stat. 1957.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14136e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–324 substituted “$10,000,000 for each of fiscal years 2017 through 2021” for “$5,000,000 for each of fiscal years 2005 through 2009”.
34 U.S.C. § 40728 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40728. Establishment of best practices for evidence retention
(a) In general
The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—
(1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and
(2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
(b) Deadline
Not later than 1 year after December 16, 2016, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).
(c) Limitation
Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1).
(Pub. L. 108–405, title IV, § 414, as added Pub. L. 114–324, § 13(a), Dec. 16, 2016, 130 Stat. 1958.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14136f of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40741 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40741. Definitions
For purposes of this subchapter:
(1) DNA arrestee collection process
The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 12592(a) of this title (in this subchapter referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age:
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 112–253, § 2, Jan. 10, 2013, 126 Stat. 2407.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 14137 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40742 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40742. Grants to States to implement DNA arrestee collection processes
(a) In general
The Attorney General shall, subject to amounts made available pursuant to section 40744 of this title, carry out a grant program for the purpose of assisting States with the costs associated with the implementation of DNA arrestee collection processes.
(b) Applications
(1) In general
To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds
An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).
(3) Other requirements
The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a State’s implementation or planned implementation of a DNA arrestee collection process.
(c) Grant allocation
(1) In general
The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.
(2) Maximum grant allocation
In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.
(d) Grant conditions
As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(Pub. L. 112–253, § 3, Jan. 10, 2013, 126 Stat. 2408.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 14137a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40743 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40743. Expungement of profiles
The expungement requirements under section 12592(d) of this title shall apply to any DNA profile or DNA data collected pursuant to this subchapter for purposes of inclusion in the National DNA Index System.
(Pub. L. 112–253, § 4, Jan. 10, 2013, 126 Stat. 2408.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 14137b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40744 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40744. Offset of funds appropriated
Any funds appropriated to carry out this subchapter, not to exceed $10,000,000 for each of fiscal years 2013 through 2015, shall be derived from amounts appropriated pursuant to subsection (j) of section 40701 of this title in each such fiscal year for grants under such section.
(Pub. L. 112–253, § 5, Jan. 10, 2013, 126 Stat. 2409.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this Act”, meaning Pub. L. 112–253, Jan. 10, 2013, 126 Stat. 2407, known as the Katie Sepich Enhanced DNA Collection Act of 2012, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 2013 Act note set out under section 10101 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 14137c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40903 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40903. Definitions
As used in this chapter, the following definitions shall apply:
(1) Court order
The term “court order” includes a court order (as described in section 922(g)(8) of title 18).
(2) Mental health terms
The terms “adjudicated as a mental defective” and “committed to a mental institution” have the same meanings as in section 922(g)(4) of title 18.
(3) Misdemeanor crime of domestic violence
The term “misdemeanor crime of domestic violence” has the meaning given the term in section 921(a)(33) of title 18.
(Pub. L. 110–180, § 3, Jan. 8, 2008, 121 Stat. 2560.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40915 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40915. Relief from disabilities program required as condition for participation in grant programs
(a) Program described
A relief from disabilities program is implemented by a State in accordance with this section if the program—
(1) permits a person who, pursuant to State law, has been adjudicated as described in subsection (g)(4) of section 922 of title 18 or has been committed to a mental institution, to apply to the State for relief from the disabilities imposed by subsections (d)(4) and (g)(4) of such section by reason of the adjudication or commitment;
(2) provides that a State court, board, commission, or other lawful authority shall grant the relief, pursuant to State law and in accordance with the principles of due process, if the circumstances regarding the disabilities referred to in paragraph (1), and the person’s record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and
(3) permits a person whose application for the relief is denied to file a petition with the State court of appropriate jurisdiction for a de novo judicial review of the denial.
(b) Authority to provide relief from certain disabilities with respect to firearms
If, under a State relief from disabilities program implemented in accordance with this section, an application for relief referred to in subsection (a)(1) of this section is granted with respect to an adjudication or a commitment to a mental institution or based upon a removal of a record under section 40912(c)(1)(B) of this title, the adjudication or commitment, as the case may be, is deemed not to have occurred for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18.
(Pub. L. 110–180, title I, § 105, Jan. 8, 2008, 121 Stat. 2569.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40916 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40916. Illegal immigrant gun purchase notification
(a) In general
Notwithstanding any other provision of law or of this chapter, all records obtained by the National Instant Criminal Background Check system relevant to whether an individual is prohibited from possessing a firearm because such person is an alien illegally or unlawfully in the United States shall be made available to U.S. Immigration and Customs Enforcement.
(b) Regulations
The Attorney General, at his or her discretion, shall promulgate guidelines relevant to what records relevant to illegal aliens shall be provided pursuant to the provisions of this chapter.
(Pub. L. 110–180, title I, § 106, Jan. 8, 2008, 121 Stat. 2570.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 40931 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 40931. Continuing evaluations
(a) Evaluation required
The Director of the Bureau of Justice Statistics (referred to in this section as the “Director”) shall study and evaluate the operations of the National Instant Criminal Background Check System. Such study and evaluation shall include compilations and analyses of the operations and record systems of the agencies and organizations necessary to support such System.
(b) Report on grants
Not later than January 31 of each year, the Director shall submit to Congress a report containing the estimates submitted by the States under section 40912(b) of this title.
(c) Report on best practices
Not later than January 31 of each year, the Director shall submit to Congress, and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States regarding the collection, maintenance, automation, and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by Federal or State law, by the State or any other agency, or any other records relevant to the National Instant Criminal Background Check System, that the Director considers to be best practices.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013 to complete the studies, evaluations, and reports required under this section.
(Pub. L. 110–180, title II, § 201, Jan. 8, 2008, 121 Stat. 2570.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.