Sec. 4. State and local cooperation
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Not later than 90 days after the date of enactment of this Act and each year thereafter, the Director shall submit a report to the appropriate congressional committees listing any State or local entity covered by the definition of criminal justice agency in section 9101(a)(1) of title 5, United States Code, that has failed to cooperate with three or more requests of the Director issued under section 9101(b)(1) of such title. For any fiscal year after fiscal year 2015, a jurisdiction that fails, as determined by the Director to substantially comply with criminal history record information requests shall not receive the percentage specified in paragraph
(2)of the funds that would otherwise be allocated for the subsequent fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ). The Director shall provide the Attorney General with a list of any jurisdictions that failed to substantially comply with the criminal history record information requests in the prior fiscal year and the Attorney General shall make the appropriate amount of reductions. The applicable percentages are as follows: Except as provided in subparagraph (B), for each fiscal year that a jurisdiction fails to substantially comply with criminal history record information requests, the percentage specified is 10 percent. For each succeeding consecutive fiscal year after a fiscal year referred to in subparagraph
(A)that a jurisdiction fails to substantially comply with criminal history record information requests, the percentage specified is 10 percent multiplied by the number of such consecutive fiscal years that the jurisdiction has failed to substantially comply with criminal history record information requests (not to exceed 100 percent). Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially comply with criminal history record information requests, shall be reallocated under that program to jurisdictions that have not failed to substantially comply with criminal history record information requests, or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of complying with section 9101(b)(1) of title 5, United States Code. For purposes of this subsection, the term fails to substantially comply with criminal history record information requests means failure to comply with 3 or more requests received during a fiscal year under section 9101(b)(1) of title 5, United States Code, during that fiscal year. In the case of a jurisdiction that fails to substantially comply with criminal history record information requests, if that jurisdiction is subject to the requirements of section 505(d)(4) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755(d)(4) ), then the amount of funds that would be provided to other jurisdictions that are party to the joint application required under such section 505(d)(4) may not be reduced and only the funds for the jurisdiction that has failed to substantially comply may be reduced. Section 9101 of title 5, United States Code, is amended— by adding at the end the following new subsection: Criminal justice agencies shall accept and comply with requests for criminal history record information pursuant to this section regardless of whether a request is submitted directly by a covered agency or by a contractor of a covered agency acting on the agency’s behalf. ; and in subsection (a)(2)— after criminal charges , by inserting the following: (including descriptions of the incidents or events leading to or on which the arrests, indictments, informations, or other formal charges are based) ; and by adding at the end the following: The term also includes information pertaining to arrests that do not result in the arrestee being charged with or convicted of a criminal offense. .
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