[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2022 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2022

_______________________________________________________________________

                                 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 Attorney General, through the 
Bureau of Justice Statistics of the Department of Justice, shall make a 
grant to each State, 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) DNA programs for forensic and identification purposes, 
        and identification and information programs to improve forensic 
        analysis and to assist in accrediting crime laboratories;
            (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.--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).
    (d) 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; and
                    (C) the Attorney General shall ensure the amounts 
                are distributed on an equitable geographic basis.
    (e) 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 an 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 a 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''.

            Passed the Senate July 13, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2022

_______________________________________________________________________

                                 AN ACT

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