[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Page S11542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG:
  S. 2137. A bill to amend title 18, United States Code, to make misuse 
of information received from the National Crime Information Center a 
criminal offense; to the Committee on the Judiciary.


 THE NATIONAL CRIME INFORMATION CENTER DATABASE PROTECTION ACT OF 1996

 Mr. GREGG. Mr. President, I introduce the National Crime 
Information Center [NCIC] Database Protection Act of 1996. This 
legislation will make it a Federal offense to purposely misuse the NCIC 
data base.
  The NCIC was originally established in order to centralize 
information about outstanding warrants and criminal history of citizens 
of the United States. This data-base allows law enforcement agencies 
across the United States to have access to any information regarding 
suspected criminals within their jurisdictions. It is an indisputable 
fact that the NCIC has helped apprehend thousands of criminals over the 
years, including Timothy McVeigh, who allegedly bombed the Oklahoma 
City Federal building. By providing instantaneous and accurate 
information about individuals with criminal pasts, NCIC has helped 
reduce recidivism and identify those people who are dangerous to 
society.
  It also is an indisputable fact that those individuals whose names 
are included on the data-base have a right to privacy. They have a 
right to feel secure that their information will be available only to 
law enforcement and that the information will be accessed only when it 
is necessary for law enforcement to perform their prescribed duties.
  Over the past several years, there have been instances when the NCIC 
has been used by individuals other than law enforcement officers to 
check the backgrounds of individuals who are not having a routine 
background check or under suspicion of a crime. In some cases, law 
enforcement officers themselves have used the data-base improperly. For 
instance, NCIC was used by a drug gang in Pennsylvania to identify 
narcotics agents. The gang got the NCIC information through a corrupt 
police officer.
  NCIC was used by an Arizona law enforcement official to locate his 
ex-girlfriend and kill her. The data-base has also been used by private 
detectives doing background investigations on political candidates.
  Unfortunately, these chilling tales are becoming far too common and 
there is no ready mechanism under which the perpetrators of these 
crimes can be prosecuted for misusing the NCIC data-base.
  There is an obvious need for a law that states in no uncertain terms 
that the NCIC should not be readily available to any non-law 
enforcement officers or for any unofficial purposes. We need to send a 
message that those who are caught violating the privacy of others 
through NCIC will be prosecuted to the full extent of the law.
  I urge my fellow Senators to support this legislation and join in my 
outrage at the ease with which NCIC information is available to 
criminals. Our Nation's private citizens are not safe from those who 
would exploit their personal information.
  I ask unanimous consent that the provisions in the bill be included 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2137

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

     SECTION 1. MISUSE OF INFORMATION RECEIVED FROM THE NATIONAL 
                   CRIME INFORMATION CENTER.

       (a) In General.--Chapter 101 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2077. Misuse of information received from the National 
       Crime Information Center.

       ``Whoever obtains information from the National Crime 
     Information Center without authorization under law or uses 
     information lawfully received for purposes not authorized by 
     law shall be fined under this title or imprisoned not more 
     than 3 years, or both.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     101 of title 18, United States Code, is amended by adding at 
     the end the following:

``2077. Misuse of information received from the National Crime 
              Information Center.''.

                                 ______