[Congressional Record Volume 144, Number 51 (Thursday, April 30, 1998)]
[Senate]
[Pages S3940-S3943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





            THE CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

  Mr. DeWINE. Mr. President, I rise today to introduce the Crime 
Identification Technology Act of 1998.
  More than 20 years of experience working in the criminal justice 
system have taught me that information is absolutely crucial to 
successful law enforcement. As a prosecutor in Greene County, Ohio; as 
Lieutenant Governor overseeing Ohio's anti-crime and anti-drug efforts; 
and later as a member of the House and Senate Judiciary Committees, I 
have seen first-hand the importance of information and record-keeping 
to criminal justice.
  Our state and local law enforcement organizations--as well as our 
courts--need to develop and upgrade their criminal information and 
identification systems. The Federal Government has already invested 
billions of dollars in information and identification systems whose 
benefits will go largely unrealized--unless states receive the 
resources to be able to participate in these systems. Our national data 
bases are only as good as the information in which the states provide 
by their participation.
  Unfortunately, there is still a wide disparity between the criminal 
identification systems that are available--and the ability of state and 
local law enforcement to develop and use them. For example, while 
computer technology exists that allows law enforcement to match 
fingerprints electronically with criminal history databases, most 
states lack the equipment and resources necessary to connect on any 
broad scale with the databases operated by the Federal Bureau of 
Investigation (FBI).
  Too many States lack the resources to contribute state criminal 
histories to the FBI criminal history database in a timely manner or in 
a computer-ready format, and have inadequate equipment to retrieve 
information from the database quickly or on a widespread geographic 
basis.
  While we may disagree about the Brady Act, it funded the National 
Criminal History Improvement Program (N-CHIP), administered by the 
Bureau of Justice Statistics, which has successfully helped states 
prepare to perform background checks. Unfortunately, N-CHIP expires 
this year--but not all states are fully operational.

[[Page S3941]]

  In addition, the FBI, the National Criminal Center (NCIC) 2000, and 
the Integrated Automated Fingerprint Identification System will be 
fully operational--and ready for states to participate--soon.
  Also, DNA casework testing has more than doubled in the last three 
years because of demand by law enforcement to provide DNA analysis in 
violent crime cases. In 48 states convicted offender DNA analysis is 
mandated by statute. Further, advances in the use of DNA to solve 
crimes based on automated searches of State and National CODIS DNA 
profile databases are producing DNA matches, generating even more 
demand for rapid testing of convicted felon DNA samples for database 
input. The demand for casework results and the need for convicted 
offender database analysis continues to grow at a rate that outstrips 
the capacities and capabilities of state and local crime laboratories.

  We need to make sure the states are able to make the fullest possible 
use of this breathtaking technology.
  That's the idea behind the bill I am introducing today. It would 
provide $250 million in each of the next five years for grants to the 
states. The Attorney General, through the Bureau of Justice Statistics, 
is directed to make grants to each state to be used in conjunction with 
units of local government, and other states, to develop, update, or 
upgrade technologies, including the following:
  Centralized, automated criminal history record information systems, 
including arrest and disposition reporting.
  Automated fingerprint identification systems that are compatible with 
the Integrated Automated Fingerprint Identification System (IAFIS) of 
the Federal Bureau of Investigation. Finger imaging, live scan and 
other automated systems to digitize fingerprints and to communicate 
prints in a manner that is compatible with systems operated by states 
and the Federal Bureau of Investigation.
  Systems to facilitate full participation in the Interstate 
Identification Index (III).
  Programs and systems to facilitate full participation in the 
Interstate Identification Index National Crime Prevention and Privacy 
Compact.
  Systems to facilitate full participation in the National Instant 
Criminal Background Check System (NICS) for firearms eligibility 
determinations.
  Integrated criminal justice information systems to manage and 
communicate criminal justice information among law enforcement, courts, 
prosecution, and corrections.
  Court-based criminal justice information systems to promote reporting 
of dispositions to central state repositories and to the FBI, and to 
promote the integration of court systems with other criminal justice 
information systems.
  Ballistics identification programs that are compatible --and 
integrated--with the National Integrated Ballistics Network (NIBN).
  Information, identification and communications programs for forensic 
purposes, including for crime laboratory accreditation.
  DNA programs for forensic and identification purposes.
  Sexual offender identification and registration systems.
  Domestic violence offender identification and information systems.
  Criminal justice information systems with a capacity to provide 
statistical and research products including incident-based reporting 
systems and uniform crime reports.
  Online and other state-of-the-art communications technologies and 
programs.

  Mr. President, all these proposals have one thing on common: they are 
based on the principle that technology is the future of police work. It 
is the number one edge our law enforcement officers are going to have 
in the struggle against criminals, well into the 21st century. In this 
sense, crime-fighting is a lot like baseball. It's a game of 
percentages--and everything we can do to boost the average helps the 
team.
  We can continue to pursue increasingly sophisticated criminals with 
outmoded twentieth century technology--or we can substantially boost 
our team's average by providing states the Federal assistance required 
to effectively participate in these programs. If we are serious about 
reducing crime in America, the Federal Government has to step up to the 
plate on this key issue of promoting state and local use of available 
crime-fighting technology.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2022

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Crime Identification 
     Technology Act of 1998''.

     SEC. 2. 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

[[Page S3942]]

     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.

  Mr. LEAHY. Mr. President, I am proud to join Senator DeWine in 
introducing legislation to authorize comprehensive Department of 
Justice grants to every state for criminal justice identification, 
information and communications technologies and systems. I applaud the 
Senator from Ohio for his leadership. I am also pleased that the 
Chairman of the Judiciary Committee and the Democratic Leader are 
original cosponsors of this bipartisan legislation.
  I know from my experience in law enforcement in Vermont over the last 
30 years that access to quality, accurate information in a timely 
fashion is of vital importance. As we prepare to enter the 21st 
Century, we must provide our state and local law enforcement officers 
with the resources to develop the latest technological tools and 
communications systems to solve and prevent crime. I believe this bill 
accomplishes that goal.
  Our bipartisan legislation authorizes $250 million for each of the 
next five years in grants to states for crime information and 
identification systems. The Attorney General, through the Bureau of 
Justice Statistics, is directed to make grants to each state to be used 
in conjunction with units of local government, and other states, to use 
information and identification technologies and systems to upgrade 
criminal history and criminal justice record systems.
  Grants made under our legislation may include programs to establish, 
develop, update or upgrade--
  State, centralized, automated criminal history record information 
systems, including arrest and disposition reporting.
  Automated fingerprint identification systems that are compatible with 
the Integrated Automated Fingerprint Identification System (IAFIS) of 
the Federal Bureau of Investigation.
  Finger imaging, live scan and other automated systems to digitize 
fingerprints and to communicate prints in a manner that is compatible 
with systems operated by states and the Federal Bureau of 
Investigation.
  Systems to facilitate full participation in the Interstate 
Identification Index (III).
  Programs and systems to facilitate full participation in the 
Interstate Identification Index National Crime Prevention and Privacy 
Compact.
  Systems to facilitate full participation in the National Instant 
Criminal Background Check System (NICS) for firearms eligibility 
determinations.
  Integrated criminal justice information systems to manage and 
communicate criminal justice information among law enforcement, courts, 
prosecution, and corrections.
  Non-criminal history record information systems relevant to firearms 
eligibility determinations for availability and accessibility to the 
NICS.
  Court-based criminal justice information systems to promote reporting 
of dispositions to central state repositories and to the FBI and to 
promote the compatibility with, and integration of, court systems with 
other criminal justice information systems.
  Ballistics identification programs that are compatible and integrated 
with the ballistics programs of the National Integrated Ballistics 
Network (NIBN).
  Information, identification and communications programs for forensic 
purposes.
  DNA programs for forensic and identification purposes.
  Sexual offender identification and registration systems.
  Domestic violence offender identification and information systems
  Programs for fingerprint-supported background checks for non-criminal 
justice purposes including youth service employees and volunteers and 
other individuals in positions of trust, if authorized by federal or 
state law and administered by a government agency.
  Criminal justice information systems with a capacity to provide 
statistical and research products including incident-based reporting 
systems and uniform crime reports.
  Online and other state-of-the-art communications technologies and 
programs.
  Multi-agency, multi-jurisdictional communications systems to share 
routine and emergency information among federal, state and local law 
enforcement agencies.
  Let me just give a couple of examples from my home State of Vermont 
that illustrate how our comprehensive legislation will aid state and 
local law enforcement agencies across the country.
  The future of law enforcement must focus on working together to 
harness the power of today's information age to prevent crime and catch 
criminals. One way to work together is for state and local law 
enforcement agencies to band together to create efficiencies of scale. 
For example, together with New Hampshire and Maine, the State of 
Vermont has pooled its resources together to build a tri-state IAFIS 
system to identify fingerprints. Our bipartisan legislation would 
foster these partnerships by allowing groups of States to apply 
together for grants.
  Another challange for law enforcement agencies across the country is 
communication difficulties between federal, state and local law 
enforcement officials. In a recent report, the Department of Justice's 
National Institute of Justice concluded that law enforcement agencies 
throughout the nation lack adequate communications systems to respond 
to crimes that cross state and local jurisdictions.
  A 1997 incident along the Vermont and New Hampshire border 
underscored this problem. During a cross border shooting spree that 
left four people dead including two New Hampshire state troopers, 
Vermont and New Hampshire officers were forced to park two police 
cruisers next to one another to coordinate activities between federal, 
state and local law enforcement officers because the two states' police 
radios could not communicate with one another.
  The Vermont Department of Public Safety, the Vermont U.S. Attorney's 
Office and others have reacted to this communications problem by 
developing the Northern Lights proposal. This project will allow the 
northern borders States of Vermont, New York, New Hampshire and Maine 
to integrate their law enforcement communications systems to better 
coordinate interdiction efforts and share intelligence data seamlessly.
  Our legislation would provide grants for the development of 
integrated Federal, State and local law enforcement communications 
systems to foster cutting edge efforts like the Northern Lights 
project.
  In addition, our bipartisan legislation will help each of our States 
meet its obligations under national anti-crime initiatives. For 
instance, the FBI will soon bring online NCIC 2000 and IAFIS which will 
require states to update their criminal justice systems for the country 
to benefit. States are also being asked to participate in several other 
national programs such as sexual offender registries, national domestic 
violence legislation, Brady Act, and National Child Protection Act.
  Currently, there are no comprehensive programs to support these 
national crime-fighting systems. Our legislation will fill this void by 
helping the each State meet its obligations under these Federal laws.
  Our bipartisan legislation provides a helping hand with the heavy 
hand of a

[[Page S3943]]

top-down, Washington-knows-best approach. Unfortunately, some in 
Congress have pushed legislation mandating minute detail changes that 
States must make in their laws to qualify for Federal funds. Our bill 
rejects this approach. Instead, we provide the States with Federal 
support to improve their criminal justice idenfication, information and 
communication systems without prescriping new Federal mandates.
  Mr. President, we have patterned the administration of the technology 
grants under our bill after the highly successful DOJ National Criminal 
History Improvement Program (N-CHIP), which was created by the 1993 
Brady Act.
  The Vermont Department of Public Safety has received funds under the 
N-CHIP program for the past three years and I have been proud to 
strongly support their efforts. With that Federal assistance, Vermont 
has been achieved acquiring the automated fingerprint identification 
system in conjunction with Maine and New Hampshire, upgrading its 
records repository computer systems, as well as extending their online 
incident-based reporting system to local jurisdictions throughout 
Vermont. Our bill builds on the Justice Department's existing 
infrastructure under the successful N-CHIP program to provide fair and 
effective grant administration.
  I know that the Justice Department, under Attorney General Reno's 
leadership, has made it a priority to modernize and automate criminal 
history records. Our legislation will continue that leadership by 
providing each State with the necessary resources to continue to make 
important efforts to bring their criminal justice systems up to date.
  I urge my colleagues to support our bipartisan bill to provide each 
State with the resources to capture the power of emerging information 
and communications technologies to serve and protect all of our 
citizens.
  Mr. DASCHLE. Mr. President, law enforcement agencies in every state 
rely increasingly on criminal history record information. Suspected 
criminals cross state lines and move between communities, creating an 
unprecedented need for greater cooperation between the 50 states and 
between states and the federal government to share this information. It 
is imperative that each state be able to take advantage of emerging 
technologies that make this cooperation possible. It is for that reason 
that I am pleased to cosponsor the State Grant Program for Criminal 
Justice Identification, Information and Communication. This legislation 
will help states upgrade their criminal justice information and 
identification operations, assist in integrating those operations, and 
make those operations compatible with the FBI's communication 
technology.
  Revolutionary technological improvements in communication systems 
allow localities separated by great distances to share information 
instantaneously. This communication between law enforcement agencies 
can make the difference between locating suspects and getting them off 
the streets, or leaving them free to commit more crimes. I believe we 
have a responsibility to ensure that states have full access to new 
criminal history record technologies. This legislation will provide the 
federal financial assistance and leadership that the states need by 
establishing a $1.25 billion, 5-year, comprehensive federal assistance 
program to provide grants to every state for criminal justice 
identification, information and communications technologies and 
systems.
  In addition, grants provided under this legislation will assist 
states as they upgrade their fingerprint and other identification 
technologies so that they are compatible with the Federal Bureau of 
Investigation's (FBI) criminal history record information systems. The 
FBI will soon implement 2 major information and identification 
initiatives, the Integrated Automated Fingerprint Identification System 
(IAFIS) and NCIC 2000, that could dramatically improve the access law 
enforcement agencies have to criminal history record information. 
IAFIS, in particular, will greatly enhance the exchange of information 
between the FBI and the states, providing rapid electronic submission 
and transfer of fingerprint and criminal history information. The 
states will need the funding assistance provided by this legislation to 
obtain the equipment necessary to derive full benefit from these new 
systems.
  In recent years, Congress has recognized the urgent need to secure 
the safety of our streets for our children and our families, and this 
has led to the enactment of federal initiatives, such as sexual 
offender registries, domestic violence initiatives, the National Child 
Protection Act, and the Brady National Instant Background Check System. 
Although these initiatives have done a great deal to protect adults and 
children in communities nationwide, additional steps need to be taken. 
The State Grant Program for Criminal Justice Identification, 
Information and Communication will provide assistance to states so they 
can take that next step.
  Criminal tracking programs have been far more effective in 
identifying and apprehending dangerous criminals than any other 
programs in recent memory, but we have an opportunity to make these 
tracking programs much more effective. As technology continues to 
improve this country's communication systems, we must make sure the 
states are not left behind. If the states cannot access these systems, 
or do not have the funding to obtain them, then this revolutionary 
technology will be of little help. By enacting the State Grant Program 
for Criminal Justice Identification, Information and Communication, we 
have the opportunity to improve the cooperation between law enforcement 
agencies nationwide. This will be instrumental in getting criminals off 
the streets and away from our children, and I urge my colleagues to 
join me in support of this bill.

                          ____________________