118 STAT. 3758 PUBLIC LAW 108–458—DEC. 17, 2004 (i) collect fees to process background checks pro- vided for by this Act; and (ii) establish such fees at a level to include an additional amount to defray expenses for the automa- tion of fingerprint identification and criminal justice information services and associated costs. (B) LIMITATIONS.—Any fee collected under this subsection— (i) shall, consistent with Public Law 101–515 and Public Law 104–99, be credited to the appropriation to be used for salaries and other expenses incurred through providing the services described in such Public Laws and in subparagraph (A); (ii) shall be available for expenditure only to pay the costs of such activities and services; and (iii) shall remain available until expended. (C) STATE COSTS.—Nothing in this Act shall be con- strued as restricting the right of a State to assess a reason- able fee on an authorized employer for the costs to the State of administering this Act. (5) STATE OPT OUT.—A State may decline to participate in the background check system authorized by this Act by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to partici- pate pursuant to this subsection. SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS. (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Attorney General shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives regarding all statutory require- ments for criminal history record checks that are required to be conducted by the Department of Justice or any of its components. (b) DEFINITIONS.—As used in this section— (1) the terms ‘‘criminal history information’’ and ‘‘criminal history records’’ include— (A) an identifying description of the individual to whom the information or records pertain; (B) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and (C) any disposition to a notation described in subpara- graph (B), including acquittal, sentencing, correctional supervision, or release; and (2) the term ‘‘IAFIS’’ means the Integrated Automated Fingerprint Identification System of the Federal Bureau of Allocation, which serves as the national depository for finger- print, biometric, and criminal history information, through which fingerprints are processed electronically. (c) IDENTIFICATION OF INFORMATION.—The Attorney General shall identify— (1) the number of criminal history record checks requested, including the type of information requested; (2) the usage of different terms and definitions regarding criminal history information; and (3) the variation in fees charged for such information and who pays such fees. Deadline. Reports. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00292 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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