[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2022 Enrolled Bill (ENR)]

        S.2022

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
     To provide for the improvement of interstate criminal justice 
       identification, information, communications, and forensics.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Table of contents.

          TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

Sec. 101. Short title.
Sec. 102. State grant program for criminal justice identification, 
          information, and communication.

   TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

Sec. 201. Short title.

Subtitle A--Exchange of Criminal History Records for Noncriminal Justice 
                                Purposes

Sec. 211. Short title.
Sec. 212. Findings.
Sec. 213. Definitions.
Sec. 214. Enactment and consent of the United States.
Sec. 215. Effect on other laws.
Sec. 216. Enforcement and implementation.
Sec. 217. National Crime Prevention and Privacy Compact.

                                Overview

                         ARTICLE I--DEFINITIONS

                          ARTICLE II--PURPOSES

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

                ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

                  ARTICLE V--RECORD REQUEST PROCEDURES

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

                  ARTICLE VII--RATIFICATION OF COMPACT

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

                        ARTICLE IX--RENUNCIATION

                         ARTICLE X--SEVERABILITY

                  ARTICLE XI--ADJUDICATION OF DISPUTES

                 Subtitle B--Volunteers for Children Act

Sec. 221. Short title.
Sec. 222. Facilitation of fingerprint checks.

          TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Crime Identification Technology 
Act of 1998''.
    SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, 
      INFORMATION, AND COMMUNICATION.
    (a) In General.--Subject to the availability of amounts provided in 
advance in appropriations Acts, the Office of Justice Programs relying 
principally on the expertise of the Bureau of Justice Statistics shall 
make a grant to each State, in a manner consistent with the national 
criminal history improvement program, which shall be used by the State, 
in conjunction with units of local government, State and local courts, 
other States, or combinations thereof, to establish or upgrade an 
integrated approach to develop information and identification 
technologies and systems to--
        (1) upgrade criminal history and criminal justice record 
    systems, including systems operated by law enforcement agencies and 
    courts;
        (2) improve criminal justice identification;
        (3) promote compatibility and integration of national, State, 
    and local systems for--
            (A) criminal justice purposes;
            (B) firearms eligibility determinations;
            (C) identification of sexual offenders;
            (D) identification of domestic violence offenders; and
            (E) background checks for other authorized purposes 
        unrelated to criminal justice; and
        (4) capture information for statistical and research purposes 
    to improve the administration of criminal justice.
    (b) Use of Grant Amounts.--Grants under this section may be used 
for programs to establish, develop, update, or upgrade--
        (1) State centralized, automated, adult and juvenile criminal 
    history record information systems, including arrest and 
    disposition reporting;
        (2) automated fingerprint identification systems that are 
    compatible with standards established by the National Institute of 
    Standards and Technology and interoperable with the Integrated 
    Automated Fingerprint Identification System (IAFIS) of the Federal 
    Bureau of Investigation;
        (3) finger imaging, live scan, and other automated systems to 
    digitize fingerprints and to communicate prints in a manner that is 
    compatible with standards established by the National Institute of 
    Standards and Technology and interoperable with systems operated by 
    States and by the Federal Bureau of Investigation;
        (4) programs and systems to facilitate full participation in 
    the Interstate Identification Index of the National Crime 
    Information Center;
        (5) systems to facilitate full participation in any compact 
    relating to the Interstate Identification Index of the National 
    Crime Information Center;
        (6) systems to facilitate full participation in the national 
    instant criminal background check system established under section 
    103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 
    note) for firearms eligibility determinations;
        (7) integrated criminal justice information systems to manage 
    and communicate criminal justice information among law enforcement 
    agencies, courts, prosecutors, and corrections agencies;
        (8) noncriminal history record information systems relevant to 
    firearms eligibility determinations for availability and 
    accessibility to the national instant criminal background check 
    system established under section 103(b) of the Brady Handgun 
    Violence Prevention Act (18 U.S.C. 922 note);
        (9) court-based criminal justice information systems that 
    promote--
            (A) reporting of dispositions to central State repositories 
        and to the Federal Bureau of Investigation; and
            (B) compatibility with, and integration of, court systems 
        with other criminal justice information systems;
        (10) ballistics identification and information programs that 
    are compatible and integrated with the National Integrated 
    Ballistics Network (NIBN);
        (11) the capabilities of forensic science programs and medical 
    examiner programs related to the administration of criminal 
    justice, including programs leading to accreditation or 
    certification of individuals or departments, agencies, or 
    laboratories, and programs relating to the identification and 
    analysis of deoxyribonucleic acid;
        (12) sexual offender identification and registration systems;
        (13) domestic violence offender identification and information 
    systems;
        (14) programs for fingerprint-supported background checks 
    capability for noncriminal justice purposes, including youth 
    service employees and volunteers and other individuals in positions 
    of responsibility, if authorized by Federal or State law and 
    administered by a government agency;
        (15) criminal justice information systems with a capacity to 
    provide statistical and research products including incident-based 
    reporting systems that are compatible with the National Incident-
    Based Reporting System (NIBRS) and uniform crime reports; and
        (16) multiagency, multijurisdictional communications systems 
    among the States to share routine and emergency information among 
    Federal, State, and local law enforcement agencies.
    (c) Assurances.--
        (1) In general.--To be eligible to receive a grant under this 
    section, a State shall provide assurances to the Attorney General 
    that the State has the capability to contribute pertinent 
    information to the national instant criminal background check 
    system established under section 103(b) of the Brady Handgun 
    Violence Prevention Act (18 U.S.C. 922 note).
        (2) Information sharing.--Such assurances shall include a 
    provision that ensures that a statewide strategy for information 
    sharing systems is underway, or will be initiated, to improve the 
    functioning of the criminal justice system, with an emphasis on 
    integration of all criminal justice components, law enforcement, 
    courts, prosecution, corrections, and probation and parole. The 
    strategy shall be prepared after consultation with State and local 
    officials with emphasis on the recommendation of officials whose 
    duty it is to oversee, plan, and implement integrated information 
    technology systems, and shall contain--
            (A) a definition and analysis of ``integration'' in the 
        State and localities developing integrated information sharing 
        systems;
            (B) an assessment of the criminal justice resources being 
        devoted to information technology;
            (C) Federal, State, regional, and local information 
        technology coordination requirements;
            (D) an assurance that the individuals who developed the 
        grant application took into consideration the needs of all 
        branches of the State Government and specifically sought the 
        advice of the chief of the highest court of the State with 
        respect to the application;
            (E) State and local resource needs;
            (F) the establishment of statewide priorities for planning 
        and implementation of information technology systems; and
            (G) a plan for coordinating the programs funded under this 
        title with other federally funded information technology 
        programs, including directly funded local programs such as the 
        Local Law Enforcement Block Grant program (described under the 
        heading ``Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance'' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119)) and the M.O.R.E. 
        program established pursuant to part Q of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968.
    (d) Matching Funds.--The Federal share of a grant received under 
this title may not exceed 90 percent of the costs of a program or 
proposal funded under this title unless the Attorney General waives, 
wholly or in part, the requirements of this subsection.
    (e) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to 
    carry out this section $250,000,000 for each of fiscal years 1999 
    through 2003.
        (2) Limitations.--Of the amount made available to carry out 
    this section in any fiscal year--
            (A) not more than 3 percent may be used by the Attorney 
        General for salaries and administrative expenses;
            (B) not more than 5 percent may be used for technical 
        assistance, training and evaluations, and studies commissioned 
        by Bureau of Justice Statistics of the Department of Justice 
        (through discretionary grants or otherwise) in furtherance of 
        the purposes of this section;
            (C) not less than 20 percent shall be used by the Attorney 
        General for the purposes described in paragraph (11) of 
        subsection (b); and
            (D) the Attorney General shall ensure the amounts are 
        distributed on an equitable geographic basis.
    (f) Grants to Indian Tribes.--Notwithstanding any other provision 
of this section, the Attorney General may use amounts made available 
under this section to make grants to Indian tribes for use in 
accordance with this section.

  TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Criminal History Access 
and Child Protection Act''.

   Subtitle A--Exchange of Criminal History Records for Noncriminal 
                            Justice Purposes

SEC. 211. SHORT TITLE.

    This subtitle may be cited as the ``National Crime Prevention and 
Privacy Compact Act of 1998''.

SEC. 212. FINDINGS.

    Congress finds that--
        (1) both the Federal Bureau of Investigation and State criminal 
    history record repositories maintain fingerprint-based criminal 
    history records;
        (2) these criminal history records are shared and exchanged for 
    criminal justice purposes through a Federal-State program known as 
    the Interstate Identification Index System;
        (3) although these records are also exchanged for legally 
    authorized, noncriminal justice uses, such as governmental 
    licensing and employment background checks, the purposes for and 
    procedures by which they are exchanged vary widely from State to 
    State;
        (4) an interstate and Federal-State compact is necessary to 
    facilitate authorized interstate criminal history record exchanges 
    for noncriminal justice purposes on a uniform basis, while 
    permitting each State to effectuate its own dissemination policy 
    within its own borders; and
        (5) such a compact will allow Federal and State records to be 
    provided expeditiously to governmental and nongovernmental agencies 
    that use such records in accordance with pertinent Federal and 
    State law, while simultaneously enhancing the accuracy of the 
    records and safeguarding the information contained therein from 
    unauthorized disclosure or use.

SEC. 213. DEFINITIONS.

    In this subtitle:
        (1) Attorney general.--The term ``Attorney General'' means the 
    Attorney General of the United States.
        (2) Compact.--The term ``Compact'' means the National Crime 
    Prevention and Privacy Compact set forth in section 217.
        (3) Council.--The term ``Council'' means the Compact Council 
    established under Article VI of the Compact.
        (4) FBI.--The term ``FBI'' means the Federal Bureau of 
    Investigation.
        (5) Party state.--The term ``Party State'' means a State that 
    has ratified the Compact.
        (6) State.--The term ``State'' means any State, territory, or 
    possession of the United States, the District of Columbia, and the 
    Commonwealth of Puerto Rico.

SEC. 214. ENACTMENT AND CONSENT OF THE UNITED STATES.

    The National Crime Prevention and Privacy Compact, as set forth in 
section 217, is enacted into law and entered into by the Federal 
Government. The consent of Congress is given to States to enter into 
the Compact.

SEC. 215. EFFECT ON OTHER LAWS.

    (a) Privacy Act of 1974.--Nothing in the Compact shall affect the 
obligations and responsibilities of the FBI under section 552a of title 
5, United States Code (commonly known as the ``Privacy Act of 1974'').
    (b) Access to Certain Records Not Affected.--Nothing in the Compact 
shall interfere in any manner with--
        (1) access, direct or otherwise, to records pursuant to--
            (A) section 9101 of title 5, United States Code;
            (B) the National Child Protection Act;
            (C) the Brady Handgun Violence Prevention Act (Public Law 
        103-159; 107 Stat. 1536);
            (D) the Violent Crime Control and Law Enforcement Act of 
        1994 (Public Law 103-322; 108 Stat. 2074) or any amendment made 
        by that Act;
            (E) the United States Housing Act of 1937 (42 U.S.C. 1437 
        et seq.); or
            (F) the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq.); or
        (2) any direct access to Federal criminal history records 
    authorized by law.
    (c) Authority of FBI Under Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation Act, 
1973.--Nothing in the Compact shall be construed to affect the 
authority of the FBI under the Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 
(Public Law 92-544 (86 Stat. 1115)).
    (d) Federal Advisory Committee Act.--The Council shall not be 
considered to be a Federal advisory committee for purposes of the 
Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Members of Council Not Federal Officers or Employees.--Members 
of the Council (other than a member from the FBI or any at-large member 
who may be a Federal official or employee) shall not, by virtue of such 
membership, be deemed--
        (1) to be, for any purpose other than to effect the Compact, 
    officers or employees of the United States (as defined in sections 
    2104 and 2105 of title 5, United States Code); or
        (2) to become entitled by reason of Council membership to any 
    compensation or benefit payable or made available by the Federal 
    Government to its officers or employees.

SEC. 216. ENFORCEMENT AND IMPLEMENTATION.

    All departments, agencies, officers, and employees of the United 
States shall enforce the Compact and cooperate with one another and 
with all Party States in enforcing the Compact and effectuating its 
purposes. For the Federal Government, the Attorney General shall make 
such rules, prescribe such instructions, and take such other actions as 
may be necessary to carry out the Compact and this subtitle.

SEC. 217. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.

    The Contracting Parties agree to the following:

                                Overview

    (a) In General.--This Compact organizes an electronic information 
sharing system among the Federal Government and the States to exchange 
criminal history records for noncriminal justice purposes authorized by 
Federal or State law, such as background checks for governmental 
licensing and employment.
    (b) Obligations of Parties.--Under this Compact, the FBI and the 
Party States agree to maintain detailed databases of their respective 
criminal history records, including arrests and dispositions, and to 
make them available to the Federal Government and to Party States for 
authorized purposes. The FBI shall also manage the Federal data 
facilities that provide a significant part of the infrastructure for 
the system.

                         ARTICLE I--DEFINITIONS

    In this Compact:
        (1) Attorney general.--The term ``Attorney General'' means the 
    Attorney General of the United States.
        (2) Compact officer.--The term ``Compact officer'' means--
            (A) with respect to the Federal Government, an official so 
        designated by the Director of the FBI; and
            (B) with respect to a Party State, the chief administrator 
        of the State's criminal history record repository or a designee 
        of the chief administrator who is a regular full-time employee 
        of the repository.
        (3) Council.--The term ``Council'' means the Compact Council 
    established under Article VI.
        (4) Criminal history records.--The term ``criminal history 
    records''--
            (A) means information collected by criminal justice 
        agencies on individuals consisting of identifiable descriptions 
        and notations of arrests, detentions, indictments, or other 
        formal criminal charges, and any disposition arising therefrom, 
        including acquittal, sentencing, correctional supervision, or 
        release; and
            (B) does not include identification information such as 
        fingerprint records if such information does not indicate 
        involvement of the individual with the criminal justice system.
        (5) Criminal history record repository.--The term ``criminal 
    history record repository'' means the State agency designated by 
    the Governor or other appropriate executive official or the 
    legislature of a State to perform centralized recordkeeping 
    functions for criminal history records and services in the State.
        (6) Criminal justice.--The term ``criminal justice'' includes 
    activities relating to the detection, apprehension, detention, 
    pretrial release, post-trial release, prosecution, adjudication, 
    correctional supervision, or rehabilitation of accused persons or 
    criminal offenders. The administration of criminal justice includes 
    criminal identification activities and the collection, storage, and 
    dissemination of criminal history records.
        (7) Criminal justice agency.--The term ``criminal justice 
    agency''--
            (A) means--
                (i) courts; and
                (ii) a governmental agency or any subunit thereof 
            that--

                    (I) performs the administration of criminal justice 
                pursuant to a statute or Executive order; and
                    (II) allocates a substantial part of its annual 
                budget to the administration of criminal justice; and

            (B) includes Federal and State inspectors general offices.
        (8) Criminal justice services.--The term ``criminal justice 
    services'' means services provided by the FBI to criminal justice 
    agencies in response to a request for information about a 
    particular individual or as an update to information previously 
    provided for criminal justice purposes.
        (9) Criterion offense.--The term ``criterion offense'' means 
    any felony or misdemeanor offense not included on the list of 
    nonserious offenses published periodically by the FBI.
        (10) Direct access.--The term ``direct access'' means access to 
    the National Identification Index by computer terminal or other 
    automated means not requiring the assistance of or intervention by 
    any other party or agency.
        (11) Executive order.--The term ``Executive order'' means an 
    order of the President of the United States or the chief executive 
    officer of a State that has the force of law and that is 
    promulgated in accordance with applicable law.
        (12) FBI.--The term ``FBI'' means the Federal Bureau of 
    Investigation.
        (13) Interstate identification system.--The term ``Interstate 
    Identification Index System'' or ``III System''--
            (A) means the cooperative Federal-State system for the 
        exchange of criminal history records; and
            (B) includes the National Identification Index, the 
        National Fingerprint File and, to the extent of their 
        participation in such system, the criminal history record 
        repositories of the States and the FBI.
        (14) National fingerprint file.--The term ``National 
    Fingerprint File'' means a database of fingerprints, or other 
    uniquely personal identifying information, relating to an arrested 
    or charged individual maintained by the FBI to provide positive 
    identification of record subjects indexed in the III System.
        (15) National identification index.--The term ``National 
    Identification Index'' means an index maintained by the FBI 
    consisting of names, identifying numbers, and other descriptive 
    information relating to record subjects about whom there are 
    criminal history records in the III System.
        (16) National indices.--The term ``National indices'' means the 
    National Identification Index and the National Fingerprint File.
        (17) Nonparty state.--The term ``Nonparty State'' means a State 
    that has not ratified this Compact.
        (18) Noncriminal justice purposes.--The term ``noncriminal 
    justice purposes'' means uses of criminal history records for 
    purposes authorized by Federal or State law other than purposes 
    relating to criminal justice activities, including employment 
    suitability, licensing determinations, immigration and 
    naturalization matters, and national security clearances.
        (19) Party state.--The term ``Party State'' means a State that 
    has ratified this Compact.
        (20) Positive identification.--The term ``positive 
    identification'' means a determination, based upon a comparison of 
    fingerprints or other equally reliable biometric identification 
    techniques, that the subject of a record search is the same person 
    as the subject of a criminal history record or records indexed in 
    the III System. Identifications based solely upon a comparison of 
    subjects' names or other nonunique identification characteristics 
    or numbers, or combinations thereof, shall not constitute positive 
    identification.
        (21) Sealed record information.--The term ``sealed record 
    information'' means--
            (A) with respect to adults, that portion of a record that 
        is--
                (i) not available for criminal justice uses;
                (ii) not supported by fingerprints or other accepted 
            means of positive identification; or
                (iii) subject to restrictions on dissemination for 
            noncriminal justice purposes pursuant to a court order 
            related to a particular subject or pursuant to a Federal or 
            State statute that requires action on a sealing petition 
            filed by a particular record subject; and
            (B) with respect to juveniles, whatever each State 
        determines is a sealed record under its own law and procedure.
        (22) State.--The term ``State'' means any State, territory, or 
    possession of the United States, the District of Columbia, and the 
    Commonwealth of Puerto Rico.

                          ARTICLE II--PURPOSES

    The purposes of this Compact are to--
        (1) provide a legal framework for the establishment of a 
    cooperative Federal-State system for the interstate and Federal-
    State exchange of criminal history records for noncriminal justice 
    uses;
        (2) require the FBI to permit use of the National 
    Identification Index and the National Fingerprint File by each 
    Party State, and to provide, in a timely fashion, Federal and State 
    criminal history records to requesting States, in accordance with 
    the terms of this Compact and with rules, procedures, and standards 
    established by the Council under Article VI;
        (3) require Party States to provide information and records for 
    the National Identification Index and the National Fingerprint File 
    and to provide criminal history records, in a timely fashion, to 
    criminal history record repositories of other States and the 
    Federal Government for noncriminal justice purposes, in accordance 
    with the terms of this Compact and with rules, procedures, and 
    standards established by the Council under Article VI;
        (4) provide for the establishment of a Council to monitor III 
    System operations and to prescribe system rules and procedures for 
    the effective and proper operation of the III System for 
    noncriminal justice purposes; and
        (5) require the FBI and each Party State to adhere to III 
    System standards concerning record dissemination and use, response 
    times, system security, data quality, and other duly established 
    standards, including those that enhance the accuracy and privacy of 
    such records.

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

    (a) FBI Responsibilities.--The Director of the FBI shall--
        (1) appoint an FBI Compact officer who shall--
            (A) administer this Compact within the Department of 
        Justice and among Federal agencies and other agencies and 
        organizations that submit search requests to the FBI pursuant 
        to Article V(c);
            (B) ensure that Compact provisions and rules, procedures, 
        and standards prescribed by the Council under Article VI are 
        complied with by the Department of Justice and the Federal 
        agencies and other agencies and organizations referred to in 
        Article III(1)(A); and
            (C) regulate the use of records received by means of the 
        III System from Party States when such records are supplied by 
        the FBI directly to other Federal agencies;
        (2) provide to Federal agencies and to State criminal history 
    record repositories, criminal history records maintained in its 
    database for the noncriminal justice purposes described in Article 
    IV, including--
            (A) information from Nonparty States; and
            (B) information from Party States that is available from 
        the FBI through the III System, but is not available from the 
        Party State through the III System;
        (3) provide a telecommunications network and maintain 
    centralized facilities for the exchange of criminal history records 
    for both criminal justice purposes and the noncriminal justice 
    purposes described in Article IV, and ensure that the exchange of 
    such records for criminal justice purposes has priority over 
    exchange for noncriminal justice purposes; and
        (4) modify or enter into user agreements with Nonparty State 
    criminal history record repositories to require them to establish 
    record request procedures conforming to those prescribed in Article 
    V.
    (b) State Responsibilities.--Each Party State shall--
        (1) appoint a Compact officer who shall--
            (A) administer this Compact within that State;
            (B) ensure that Compact provisions and rules, procedures, 
        and standards established by the Council under Article VI are 
        complied with in the State; and
            (C) regulate the in-State use of records received by means 
        of the III System from the FBI or from other Party States;
        (2) establish and maintain a criminal history record 
    repository, which shall provide--
            (A) information and records for the National Identification 
        Index and the National Fingerprint File; and
            (B) the State's III System-indexed criminal history records 
        for noncriminal justice purposes described in Article IV;
        (3) participate in the National Fingerprint File; and
        (4) provide and maintain telecommunications links and related 
    equipment necessary to support the services set forth in this 
    Compact.
    (c) Compliance With III System Standards.--In carrying out their 
responsibilities under this Compact, the FBI and each Party State shall 
comply with III System rules, procedures, and standards duly 
established by the Council concerning record dissemination and use, 
response times, data quality, system security, accuracy, privacy 
protection, and other aspects of III System operation.
    (d) Maintenance of Record Services.--
        (1) Use of the III System for noncriminal justice purposes 
    authorized in this Compact shall be managed so as not to diminish 
    the level of services provided in support of criminal justice 
    purposes.
        (2) Administration of Compact provisions shall not reduce the 
    level of service available to authorized noncriminal justice users 
    on the effective date of this Compact.

               ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

    (a) State Criminal History Record Repositories.--To the extent 
authorized by section 552a of title 5, United States Code (commonly 
known as the ``Privacy Act of 1974''), the FBI shall provide on request 
criminal history records (excluding sealed records) to State criminal 
history record repositories for noncriminal justice purposes allowed by 
Federal statute, Federal Executive order, or a State statute that has 
been approved by the Attorney General and that authorizes national 
indices checks.
    (b) Criminal Justice Agencies and Other Governmental or 
Nongovernmental Agencies.--The FBI, to the extent authorized by section 
552a of title 5, United States Code (commonly known as the ``Privacy 
Act of 1974''), and State criminal history record repositories shall 
provide criminal history records (excluding sealed records) to criminal 
justice agencies and other governmental or nongovernmental agencies for 
noncriminal justice purposes allowed by Federal statute, Federal 
Executive order, or a State statute that has been approved by the 
Attorney General, that authorizes national indices checks.
    (c) Procedures.--Any record obtained under this Compact may be used 
only for the official purposes for which the record was requested. Each 
Compact officer shall establish procedures, consistent with this 
Compact, and with rules, procedures, and standards established by the 
Council under Article VI, which procedures shall protect the accuracy 
and privacy of the records, and shall--
        (1) ensure that records obtained under this Compact are used 
    only by authorized officials for authorized purposes;
        (2) require that subsequent record checks are requested to 
    obtain current information whenever a new need arises; and
        (3) ensure that record entries that may not legally be used for 
    a particular noncriminal justice purpose are deleted from the 
    response and, if no information authorized for release remains, an 
    appropriate ``no record'' response is communicated to the 
    requesting official.

                  ARTICLE V--RECORD REQUEST PROCEDURES

    (a) Positive Identification.--Subject fingerprints or other 
approved forms of positive identification shall be submitted with all 
requests for criminal history record checks for noncriminal justice 
purposes.
    (b) Submission of State Requests.--Each request for a criminal 
history record check utilizing the national indices made under any 
approved State statute shall be submitted through that State's criminal 
history record repository. A State criminal history record repository 
shall process an interstate request for noncriminal justice purposes 
through the national indices only if such request is transmitted 
through another State criminal history record repository or the FBI.
    (c) Submission of Federal Requests.--Each request for criminal 
history record checks utilizing the national indices made under Federal 
authority shall be submitted through the FBI or, if the State criminal 
history record repository consents to process fingerprint submissions, 
through the criminal history record repository in the State in which 
such request originated. Direct access to the National Identification 
Index by entities other than the FBI and State criminal history records 
repositories shall not be permitted for noncriminal justice purposes.
    (d) Fees.--A State criminal history record repository or the FBI--
        (1) may charge a fee, in accordance with applicable law, for 
    handling a request involving fingerprint processing for noncriminal 
    justice purposes; and
        (2) may not charge a fee for providing criminal history records 
    in response to an electronic request for a record that does not 
    involve a request to process fingerprints.
    (e) Additional Search.--
        (1) If a State criminal history record repository cannot 
    positively identify the subject of a record request made for 
    noncriminal justice purposes, the request, together with 
    fingerprints or other approved identifying information, shall be 
    forwarded to the FBI for a search of the national indices.
        (2) If, with respect to a request forwarded by a State criminal 
    history record repository under paragraph (1), the FBI positively 
    identifies the subject as having a III System-indexed record or 
    records--
            (A) the FBI shall so advise the State criminal history 
        record repository; and
            (B) the State criminal history record repository shall be 
        entitled to obtain the additional criminal history record 
        information from the FBI or other State criminal history record 
        repositories.

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

    (a) Establishment.--
        (1) In general.--There is established a council to be known as 
    the ``Compact Council'', which shall have the authority to 
    promulgate rules and procedures governing the use of the III System 
    for noncriminal justice purposes, not to conflict with FBI 
    administration of the III System for criminal justice purposes.
        (2) Organization.--The Council shall--
            (A) continue in existence as long as this Compact remains 
        in effect;
            (B) be located, for administrative purposes, within the 
        FBI; and
            (C) be organized and hold its first meeting as soon as 
        practicable after the effective date of this Compact.
    (b) Membership.--The Council shall be composed of 15 members, each 
of whom shall be appointed by the Attorney General, as follows:
        (1) Nine members, each of whom shall serve a 2-year term, who 
    shall be selected from among the Compact officers of Party States 
    based on the recommendation of the Compact officers of all Party 
    States, except that, in the absence of the requisite number of 
    Compact officers available to serve, the chief administrators of 
    the criminal history record repositories of Nonparty States shall 
    be eligible to serve on an interim basis.
        (2) Two at-large members, nominated by the Director of the FBI, 
    each of whom shall serve a 3-year term, of whom--
            (A) 1 shall be a representative of the criminal justice 
        agencies of the Federal Government and may not be an employee 
        of the FBI; and
            (B) 1 shall be a representative of the noncriminal justice 
        agencies of the Federal Government.
        (3) Two at-large members, nominated by the Chairman of the 
    Council, once the Chairman is elected pursuant to Article VI(c), 
    each of whom shall serve a 3-year term, of whom--
            (A) 1 shall be a representative of State or local criminal 
        justice agencies; and
            (B) 1 shall be a representative of State or local 
        noncriminal justice agencies.
        (4) One member, who shall serve a 3-year term, and who shall 
    simultaneously be a member of the FBI's advisory policy board on 
    criminal justice information services, nominated by the membership 
    of that policy board.
        (5) One member, nominated by the Director of the FBI, who shall 
    serve a 3-year term, and who shall be an employee of the FBI.
    (c) Chairman and Vice Chairman.--
        (1) In general.--From its membership, the Council shall elect a 
    Chairman and a Vice Chairman of the Council, respectively. Both the 
    Chairman and Vice Chairman of the Council--
            (A) shall be a Compact officer, unless there is no Compact 
        officer on the Council who is willing to serve, in which case 
        the Chairman may be an at-large member; and
            (B) shall serve a 2-year term and may be reelected to only 
        1 additional 2-year term.
        (2) Duties of vice chairman.--The Vice Chairman of the Council 
    shall serve as the Chairman of the Council in the absence of the 
    Chairman.
    (d) Meetings.--
        (1) In general.--The Council shall meet at least once each year 
    at the call of the Chairman. Each meeting of the Council shall be 
    open to the public. The Council shall provide prior public notice 
    in the Federal Register of each meeting of the Council, including 
    the matters to be addressed at such meeting.
        (2) Quorum.--A majority of the Council or any committee of the 
    Council shall constitute a quorum of the Council or of such 
    committee, respectively, for the conduct of business. A lesser 
    number may meet to hold hearings, take testimony, or conduct any 
    business not requiring a vote.
    (e) Rules, Procedures, and Standards.--The Council shall make 
available for public inspection and copying at the Council office 
within the FBI, and shall publish in the Federal Register, any rules, 
procedures, or standards established by the Council.
    (f) Assistance From FBI.--The Council may request from the FBI such 
reports, studies, statistics, or other information or materials as the 
Council determines to be necessary to enable the Council to perform its 
duties under this Compact. The FBI, to the extent authorized by law, 
may provide such assistance or information upon such a request.
    (g) Committees.--The Chairman may establish committees as necessary 
to carry out this Compact and may prescribe their membership, 
responsibilities, and duration.

                  ARTICLE VII--RATIFICATION OF COMPACT

    This Compact shall take effect upon being entered into by 2 or more 
States as between those States and the Federal Government. Upon 
subsequent entering into this Compact by additional States, it shall 
become effective among those States and the Federal Government and each 
Party State that has previously ratified it. When ratified, this 
Compact shall have the full force and effect of law within the 
ratifying jurisdictions. The form of ratification shall be in 
accordance with the laws of the executing State.

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

    (a) Relation of Compact to Certain FBI Activities.--Administration 
of this Compact shall not interfere with the management and control of 
the Director of the FBI over the FBI's collection and dissemination of 
criminal history records and the advisory function of the FBI's 
advisory policy board chartered under the Federal Advisory Committee 
Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
    (b) No Authority for Nonappropriated Expenditures.--Nothing in this 
Compact shall require the FBI to obligate or expend funds beyond those 
appropriated to the FBI.
    (c) Relating to Public Law 92-544.--Nothing in this Compact shall 
diminish or lessen the obligations, responsibilities, and authorities 
of any State, whether a Party State or a Nonparty State, or of any 
criminal history record repository or other subdivision or component 
thereof, under the Departments of State, Justice, and Commerce, the 
Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-
544), or regulations and guidelines promulgated thereunder, including 
the rules and procedures promulgated by the Council under Article 
VI(a), regarding the use and dissemination of criminal history records 
and information.

                        ARTICLE IX--RENUNCIATION

    (a) In General.--This Compact shall bind each Party State until 
renounced by the Party State.
    (b) Effect.--Any renunciation of this Compact by a Party State 
shall--
        (1) be effected in the same manner by which the Party State 
    ratified this Compact; and
        (2) become effective 180 days after written notice of 
    renunciation is provided by the Party State to each other Party 
    State and to the Federal Government.

                        ARTICLE X--SEVERABILITY

    The provisions of this Compact shall be severable, and if any 
phrase, clause, sentence, or provision of this Compact is declared to 
be contrary to the constitution of any participating State, or to the 
Constitution of the United States, or the applicability thereof to any 
government, agency, person, or circumstance is held invalid, the 
validity of the remainder of this Compact and the applicability thereof 
to any government, agency, person, or circumstance shall not be 
affected thereby. If a portion of this Compact is held contrary to the 
constitution of any Party State, all other portions of this Compact 
shall remain in full force and effect as to the remaining Party States 
and in full force and effect as to the Party State affected, as to all 
other provisions.

                  ARTICLE XI--ADJUDICATION OF DISPUTES

    (a) In General.--The Council shall--
        (1) have initial authority to make determinations with respect 
    to any dispute regarding--
            (A) interpretation of this Compact;
            (B) any rule or standard established by the Council 
        pursuant to Article V; and
            (C) any dispute or controversy between any parties to this 
        Compact; and
        (2) hold a hearing concerning any dispute described in 
    paragraph (1) at a regularly scheduled meeting of the Council and 
    only render a decision based upon a majority vote of the members of 
    the Council. Such decision shall be published pursuant to the 
    requirements of Article VI(e).
    (b) Duties of FBI.--The FBI shall exercise immediate and necessary 
action to preserve the integrity of the III System, maintain system 
policy and standards, protect the accuracy and privacy of records, and 
to prevent abuses, until the Council holds a hearing on such matters.
    (c) Right of Appeal.--The FBI or a Party State may appeal any 
decision of the Council to the Attorney General, and thereafter may 
file suit in the appropriate district court of the United States, which 
shall have original jurisdiction of all cases or controversies arising 
under this Compact. Any suit arising under this Compact and initiated 
in a State court shall be removed to the appropriate district court of 
the United States in the manner provided by section 1446 of title 28, 
United States Code, or other statutory authority.

                Subtitle B--Volunteers for Children Act

SEC. 221. SHORT TITLE.

    This subtitle may be cited as the ``Volunteers for Children Act''.

SEC. 222. FACILITATION OF FINGERPRINT CHECKS.

    (a) State Agency.--Section 3(a) of the National Child Protection 
Act of 1993 (42 U.S.C. 5119a(a)) is amended by adding at the end the 
following:
    ``(3) In the absence of State procedures referred to in paragraph 
(1), a qualified entity designated under paragraph (1) may contact an 
authorized agency of the State to request national criminal fingerprint 
background checks. Qualified entities requesting background checks 
under this paragraph shall comply with the guidelines set forth in 
subsection (b) and with procedures for requesting national criminal 
fingerprint background checks, if any, established by the State.''.
    (b) Federal Law.--Section 3(b)(5) of the National Child Protection 
Act of 1993 (42 U.S.C. 5119a(b)(5)) is amended by inserting before the 
period at the end the following: ``, except that this paragraph does 
not apply to any request by a qualified entity for a national criminal 
fingerprint background check pursuant to subsection (a)(3)''.
    (c) Authorization.--Section 4(b)(2) of the National Child 
Protection Act of 1993 (42 U.S.C. 5119b(b)(2)) is amended by striking 
``1994, 1995, 1996, and 1997'' and inserting ``1999, 2000, 2001, and 
2002''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.