[Congressional Record Volume 144, Number 92 (Monday, July 13, 1998)]
[Senate]
[Pages S8069-S8073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

  Mr. ALLARD. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of S. 2294 introduced earlier today by 
Senator Hatch.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2294) to facilitate the exchange of criminal 
     history records for noncriminal justice purposes, to provide 
     for the decentralized storage of criminal history records, to 
     amend the National Child Protection Act of 1993 to facilitate 
     the fingerprint checks authorized by that Act, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, I have introduced the National Criminal 
History Access and Child Protection Act of 1998. I am pleased to have 
been joined by the Ranking Member of the Judiciary Committee, Senator 
Leahy, as well as by Senator DeWine and the distinguished Minority 
Leader, Senator Daschle, in introducing this legislation, which also 
has the support of the Administration.
  This important legislation addresses a critical issue--the access to 
criminal history records for legitimate purposes other than use within 
the criminal justice system. These records are frequently used today 
for a wide variety of important purposes, such as employment background 
checks for child care workers, health care workers, elder care workers, 
teachers, school bus drivers, security guards, and bar applicants.
  Few disagree with the use of criminal history records to ensure that 
those in important positions of trust with our children, elderly, and 
persons with disabilities do not have criminal backgrounds making such 
trust inappropriate or even dangerous. Yet, currently, policies and 
procedures on disseminating these records vary widely from state to 
state.
  This legislation addresses this issue, by enacting what has come to 
be known as the Triple I (III) Compact. This proposed interstate and 
federal-state compact is supported by the Administration, the FBI, the 
Criminal Justice Information Advisory Policy Board, and all state 
criminal history repositories. It would establish ``rules of the road'' 
for the interstate sharing of criminal history records for non-criminal 
history purposes, such as background checks for employees who work with 
children or who are in otherwise sensitive jobs. The compact provides 
for state-to-state and federal-to-state sharing of records, through the 
Interstate Identification Index (III) and the National Fingerprint File 
(NFF).

[[Page S8070]]

  Under the compact, requests for criminal history checks for non-
criminal justice purposes would be made between state records 
repositories and between the state repositories and the FBI, which 
maintains the III and NFF systems. Interstate dissemination policy 
would be governed by the policy of the requesting state, but intrastate 
dissemination and use of records would still be governed by the law of 
the state which owns the record. The primacy of use of records for 
criminal justice purposes would be maintained, as would direct access 
to records already permitted under current law. Additionally, record 
checks would have to be fingerprint supported to ensure accuracy, and 
the privacy of records would be protected. The compact would be 
administered and policed by a council comprised of state and federal 
officials.
  This legislation also includes improvements to the National Child 
Protection Act, which Congress enacted in 1993 to encourage the use of 
criminal history records to screen volunteers who work with our 
children, elderly, and persons with disabilities. This provision amends 
the NCPA to permit child care, elder care, and volunteer organizations, 
known as ``qualified entities,'' to request background checks through 
state agencies in the absence of state laws implementing the NCPA. The 
1993 NCPA and its 1994 amendments extending its coverage to elder care 
and disabled care workers conditioned part of state's Byrne grant 
funding on the establishment of procedures for records checks for child 
care and elder care workers and volunteers, but many states have not 
done so. Qualified entities are not permitted to request a background 
check from states absent state establishment of procedures. This 
provision is a modest change to current law, and permits qualified 
entities to request the background check, but does not override any 
state laws regarding use or dissemination of records. The provision is 
based on H.R. 2488, and is supported by volunteer groups, including the 
Boy Scouts and the Boys and Girls Clubs. This provision recently passed 
the House of Representatives as an amendment to other legislation.
  Mr. President, this legislation is a modest but important step in 
protecting the most vulnerable in our society from those who would 
abuse unique access to prey on them. I appreciate the support of my 
cosponsors for this legislation, and urge its approval by the Senate.
  Mr. ALLARD. I ask unanimous consent that the bill be deemed read a 
third time and passed, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill appear in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2294) was deemed read a third time and passed, as 
follows:

                                S. 2294

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Criminal History Access and Child Protection Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

 TITLE I--EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE 
                                PURPOSES

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Sec. 104. Enactment and consent of the United States.
Sec. 105. Effect on other laws.
Sec. 106. Enforcement and implementation.
Sec. 107. 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

                 TITLE II--VOLUNTEERS FOR CHILDREN ACT

Sec. 201. Short title.
Sec. 202. Facilitation of fingerprint checks.
 TITLE I--EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE 
                                PURPOSES

     SEC. 101. SHORT TITLE.

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

     SEC. 102. 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. 103. DEFINITIONS.

       In this title:
       (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 107.
       (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. 104. ENACTMENT AND CONSENT OF THE UNITED STATES.

       The National Crime Prevention and Privacy Compact, as set 
     forth in section 107, 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. 105. 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.

[[Page S8071]]

     SEC. 106. 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 title.

     SEC. 107. 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

[[Page S8072]]

     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.

[[Page S8073]]

       (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.
                 TITLE II--VOLUNTEERS FOR CHILDREN ACT

     SEC. 201. SHORT TITLE.

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

     SEC. 202. 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''.

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