[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[House]
[Pages H9987-H9993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

  Mr. McCOLLUM. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2022) to provide for the improvement of interstate 
criminal justice identification, information, communications, and 
forensics, as amended.
  The Clerk read 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. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Table of contents.

          TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

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

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

Sec. 201. Short title.

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

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

                                Overview

                         ARTICLE I--DEFINITIONS

                          ARTICLE II--PURPOSES

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

               ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

                  ARTICLE V--RECORD REQUEST PROCEDURES

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

                  ARTICLE VII--RATIFICATION OF COMPACT

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

                        ARTICLE IX--RENUNCIATION

                        ARTICLE X--SEVERABILITY

                  ARTICLE XI--ADJUDICATION OF DISPUTES

                Subtitle B--Volunteers for Children Act

Sec. 221. Short title.
Sec. 222. Facilitation of fingerprint checks.
          TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

     SEC. 101. SHORT TITLE.

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

     SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE 
                   IDENTIFICATION, INFORMATION, AND COMMUNICATION.

       (a) In General.--Subject to the availability of amounts 
     provided in advance in appropriations Acts, the Office of 
     Justice Programs relying principally on the expertise of the 
     Bureau of Justice Statistics shall make a grant to each 
     State, in a manner consistent with the national criminal 
     history improvement program, which shall be used by the 
     State, in conjunction with units of local government, State 
     and local courts, other States, or combinations thereof, to 
     establish or upgrade an integrated approach to develop 
     information and identification technologies and systems to--
       (1) upgrade criminal history and criminal justice record 
     systems, including systems operated by law enforcement 
     agencies and courts;
       (2) improve criminal justice identification;
       (3) promote compatibility and integration of national, 
     State, and local systems for--
       (A) criminal justice purposes;
       (B) firearms eligibility determinations;
       (C) identification of sexual offenders;
       (D) identification of domestic violence offenders; and
       (E) background checks for other authorized purposes 
     unrelated to criminal justice; and
       (4) capture information for statistical and research 
     purposes to improve the administration of criminal justice.
       (b) Use of Grant Amounts.--Grants under this section may be 
     used for programs to establish, develop, update, or upgrade--
       (1) State centralized, automated, adult and juvenile 
     criminal history record information systems, including arrest 
     and disposition reporting;
       (2) automated fingerprint identification systems that are 
     compatible with standards established by the National 
     Institute of Standards and Technology and interoperable with 
     the Integrated Automated Fingerprint Identification System 
     (IAFIS) of the Federal Bureau of Investigation;
       (3) finger imaging, live scan, and other automated systems 
     to digitize fingerprints and to communicate prints in a 
     manner that is compatible with standards established by the 
     National Institute of Standards and Technology and 
     interoperable with systems operated by States and by the 
     Federal Bureau of Investigation;
       (4) programs and systems to facilitate full participation 
     in the Interstate Identification Index of the National Crime 
     Information Center;
       (5) systems to facilitate full participation in any compact 
     relating to the Interstate Identification Index of the 
     National Crime Information Center;
       (6) systems to facilitate full participation in the 
     national instant criminal background check system established 
     under section 103(b) of the Brady Handgun Violence Prevention 
     Act (18 U.S.C. 922 note) for firearms eligibility 
     determinations;
       (7) integrated criminal justice information systems to 
     manage and communicate criminal justice information among law 
     enforcement agencies, courts, prosecutors, and corrections 
     agencies;
       (8) noncriminal history record information systems relevant 
     to firearms eligibility determinations for availability and 
     accessibility to the national instant criminal background 
     check system established under section 103(b) of the Brady 
     Handgun Violence Prevention Act (18 U.S.C. 922 note);
       (9) court-based criminal justice information systems that 
     promote--
       (A) reporting of dispositions to central State repositories 
     and to the Federal Bureau of Investigation; and
       (B) compatibility with, and integration of, court systems 
     with other criminal justice information systems;
       (10) ballistics identification and information programs 
     that are compatible and integrated with the National 
     Integrated Ballistics Network (NIBN);
       (11) the capabilities of forensic science programs and 
     medical examiner programs related to the administration of 
     criminal justice, including programs leading to accreditation 
     or certification of individuals or departments, agencies, or 
     laboratories, and programs relating to the identification and 
     analysis of deoxyribonucleic acid;
       (12) sexual offender identification and registration 
     systems;
       (13) domestic violence offender identification and 
     information systems;
       (14) programs for fingerprint-supported background checks 
     capability for noncriminal justice purposes, including youth 
     service employees and volunteers and other individuals in 
     positions of responsibility, if authorized by Federal or 
     State law and administered by a government agency;
       (15) criminal justice information systems with a capacity 
     to provide statistical and research products including 
     incident-based reporting systems that are compatible with the 
     National Incident-Based Reporting System (NIBRS) and uniform 
     crime reports; and
       (16) multiagency, multijurisdictional communications 
     systems among the States to share routine and emergency 
     information among Federal, State, and local law enforcement 
     agencies.
       (c) Assurances.--

[[Page H9988]]

       (1) In general.--To be eligible to receive a grant under 
     this section, a State shall provide assurances to the 
     Attorney General that the State has the capability to 
     contribute pertinent information to the national instant 
     criminal background check system established under section 
     103(b) of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note).
       (2) Information sharing.--Such assurances shall include a 
     provision that ensures that a statewide strategy for 
     information sharing systems is underway, or will be 
     initiated, to improve the functioning of the criminal justice 
     system, with an emphasis on integration of all criminal 
     justice components, law enforcement, courts, prosecution, 
     corrections, and probation and parole. The strategy shall be 
     prepared after consultation with State and local officials 
     with emphasis on the recommendation of officials whose duty 
     it is to oversee, plan, and implement integrated information 
     technology systems, and shall contain--
       (A) a definition and analysis of ``integration'' in the 
     State and localities developing integrated information 
     sharing systems;
       (B) an assessment of the criminal justice resources being 
     devoted to information technology;
       (C) Federal, State, regional, and local information 
     technology coordination requirements;
       (D) an assurance that the individuals who developed the 
     grant application took into consideration the needs of all 
     branches of the State Government and specifically sought the 
     advice of the chief of the highest court of the State with 
     respect to the application;
       (E) State and local resource needs;
       (F) the establishment of statewide priorities for planning 
     and implementation of information technology systems; and
       (G) a plan for coordinating the programs funded under this 
     title with other federally funded information technology 
     programs, including directly funded local programs such the 
     Local Law Enforcement Block Grant program (described under 
     the heading `Violent Crime Reduction Programs, State and 
     Local Law Enforcement Assistance' of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1998 (Public Law 105-119)) and 
     the M.O.R.E. program established pursuant to part Q of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968.
       (d) Matching Funds.--The Federal share of a grant received 
     under this title may not exceed 90 percent of the costs of a 
     program or proposal funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this subsection.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $250,000,000 for each of fiscal years 
     1999 through 2003.
       (2) Limitations.--Of the amount made available to carry out 
     this section in any fiscal year--
       (A) not more than 3 percent may be used by the Attorney 
     General for salaries and administrative expenses;
       (B) not more than 5 percent may be used for technical 
     assistance, training and evaluations, and studies 
     commissioned by Bureau of Justice Statistics of the 
     Department of Justice (through discretionary grants or 
     otherwise) in furtherance of the purposes of this section;
       (C) not less than 20 percent shall be used by the Attorney 
     General for the purposes described in paragraph (11) of 
     subsection (b); and
       (D) the Attorney General shall ensure the amounts are 
     distributed on an equitable geographic basis.
       (f) Grants to Indian Tribes.--Notwithstanding any other 
     provision of this section, the Attorney General may use 
     amounts made available under this section to make grants to 
     Indian tribes for use in accordance with this section.
  TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Criminal History 
     Access and Child Protection Act''.
   Subtitle A--Exchange of Criminal History Records for Noncriminal 
                            Justice Purposes

     SEC. 211. SHORT TITLE.

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

     SEC. 212. FINDINGS.

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

     SEC. 213. DEFINITIONS.

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

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

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

     SEC. 215. EFFECT ON OTHER LAWS.

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

     SEC. 216. ENFORCEMENT AND IMPLEMENTATION.

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

     SEC. 217. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.

       The Contracting Parties agree to the following:

                                Overview

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

                         ARTICLE I--DEFINITIONS

       In this Compact:
       (1) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States;

[[Page H9989]]

       (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;

[[Page H9990]]

       (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.

[[Page H9991]]

                  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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. McCollum) and the gentlewoman from Texas (Ms. Jackson-Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. McCollum).


                             General Leave

  Mr. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks on the 
bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may 
consume.
  Efficient access to criminal history data and criminal justice 
information has become a necessity, not only for law enforcement 
agencies, but for school districts, volunteer organizations, child 
protection services, and a host of professions who want to conduct 
background checks to avoid hiring convicted offenders who pose a danger 
to the community. Information is absolutely crucial to successful law 
enforcement and neighborhood safety.
  The Federal Government has invested billions of dollars in Federal 
information and identification systems, but the States are still 
lagging far behind in their ability to use these initiatives. There is 
a wide disparity between the criminal identification systems that are 
available, and the ability of State and local law enforcement to 
connect on any broad scale with these systems, which are operated by 
the FBI.
  The types of information and identification technology initiatives to 
which I am referring are not fancy luxuries that would simply be 
convenient to have. They are necessary for law enforcement to compete 
in our information age.
  Television programs that show police bringing up the record and 
photograph of a convicted offender at the touch of a button simply do 
not depict the reality of today's criminal justice system. Many States 
are still a long way from becoming computerized. They are unable to 
exchange compatible data in a timely manner, or on a widespread 
geographic basis. Some States still use card catalog systems. While 
Congress has invested significant resources in Federal information and 
identification systems, the benefits of these Federal initiatives are 
not being realized because the States do not have the technology to use 
them. It is the purpose of this bill to allow States to make use of 
Federal programs and to improve how we use information to solve crimes 
in this information age.
  S. 2022, the Crime Identification Technology Act of 1998, authorizes 
$250 million a year for 5 years for flexible discretionary grants to 
States to upgrade criminal history records systems; promote integration 
of local, State and national criminal justice information and 
communications systems; and assist crime laboratories to reduce the 
backlog of forensic analysis requests that currently exist throughout 
the country. Grants may be given to States to be used in conjunction 
with local units of government, State and local courts, and other 
States.
  It is also the intention of the bill to consolidate currently 
existing grant programs which provide technology assistance to the 
States. While the full funding of this proposal would require some new 
expenditures, the consolidation of current programs would generally 
provide for existing funding to go toward this act in the future.
  Lastly, let me briefly mention that this bill also contains two other 
important provisions. Title II of the bill is

[[Page H9992]]

called the National Criminal History Access and Child Protection Act, 
which provides for a compact between the States and the Federal 
Government to facilitate the exchange of criminal history records. The 
compact is somewhat administrative in nature and requires no 
authorization for funding. It would establish the ``rules of the road'' 
for interstate exchange of criminal history records, including records 
for background checks for child care workers. The compact provides for 
State-to-State and Federal-to-State sharing of records, while 
permitting each State to protect its own dissemination and privacy 
policies within its own borders.
  The last provision in this bill is called the Volunteers for Children 
Act, which would amend the National Child Protection Act of 1993, often 
called the Oprah Act, to allow child care, elder care and volunteer 
organizations to request access to FBI criminal fingerprint background 
checks in the absence of specific State laws or procedures allowing 
such access. The House passed this provision in H.R. 3494, the Child 
Protection and Sexual Predator Punishment Act, which is pending in the 
other body.
  Now, I know there are some volunteer organizations that find criminal 
fingerprint background checks to be a costly procedure, and many States 
are unable to deliver these checks on a timely basis. This bill in no 
way requires these organizations to conduct fingerprint checks, nor 
does it preclude them from using other resources such as State criminal 
history data to conduct background checks. The bill simply provides 
organizations with the option of requesting the checks if there is no 
law in place precluding them.
  Passage of this bill should not be construed to create a new duty on 
the part of volunteer organizations. Accordingly, the failure to 
conduct such background checks should not be considered as evidence of 
negligence in civil litigation. It is simply not the intent of this 
bill to open up volunteer organizations to such liability.
  Madam Speaker, as my colleagues can see, there is a pretty extensive 
bill here, but it will make some important changes to current law to 
allow for the better use of criminal history information. Let me say 
additionally that the administration strongly supports the proposal. 
Information is absolutely crucial to successful law enforcement, and I 
am convinced this bill will be a great assistance to the criminal 
justice community, and I urge my colleagues to support it.
  Madam Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  I rise in support of this legislation, S. 2022, which was introduced 
by Senator DeWine in the Senate and passed that body by unanimous 
consent.
  The Crime Identification Technology Act of 1998 directs the Attorney 
General to make grants to permit State and local governments to update 
their technological capabilities so that they more readily respond to 
the problem of crime. The bill authorizes $250 million in such grants 
per year over 5 years for these purposes. In order to be eligible for 
these grants, the State must show that it is able to contribute 
information required by the Instacheck system mandated by the Brady 
bill.
  As a former member of the Houston City Council, I can assure my 
colleagues that these grants will be of great use by local and State 
authorities. It is extremely useful to be able to partake of the 
national technology to assist in crime fighting.
  The bill also contains titles providing for a compact between the 
States and Federal Government to facilitate the exchange of criminal 
history records and also allow child care, elder care and volunteer 
organizations to request access to FBI fingerprint background checks. I 
can assure my colleagues as well, in cities that spend a lot of time 
with after-school programs or volunteer parks programs or recreational 
programs using volunteers, this is going to be of great assistance in 
protecting our children. Obviously, we do not suggest that our 
volunteers are filled with pedophiles, but how much more comfortable we 
will be with opening up our parks and libraries and other facilities 
where we have after-school programs or summer programs and using 
volunteers when our city governments and other volunteer associations 
can be assured that these people are not dangerous to our children.
  This is a good, bipartisan bill. It takes advantage of the 
opportunities that the Federal Government have to enhance crime 
fighting techniques, and it is a collaborative effort between our local 
and Federal governments. This is a good bipartisan bill, and I urge its 
adoption.
  I rise in support of this legislation, which was introduced by 
Senator DeWine in the Senate and passed that body by unanimous consent.
  The Crime Identification Technology Act of 1998 directs the Attorney 
General to make grants to permit state and local governments to update 
their technological capabilities so that they more readily respond to 
the problem of crime. The bill authorizes $250 million in such grants 
per year over five years for these purposes. In order to be eligible 
for these grants, the state must show that it as able to contribute 
information required by the Instacheck system mandated by the Brady 
Bill.
  The bill also contains titles providing for a compact between the 
states and federal government to facilitate the exchange of criminal 
history records, and also allow child care, elder care and volunteer 
organizations to request access to FBI fingerprint background checks.
  This is a good, bipartisan bill and I urge its adoption.
  Madam Speaker, I reserve the balance of my time.
  Mr. McCOLLUM. Madam Speaker, I yield 4 minutes to the gentleman from 
Florida (Mr. Foley), who has been so instrumental in this bill.
  Mr. FOLEY. Madam Speaker, I rise to strongly support this legislation 
and to thank specifically our subcommittee chairman, the gentleman from 
Florida (Mr. McCollum), for his extremely hard work on this issue. This 
bill is vitally important to America's families and its children, and I 
will strongly suggest that this measure here will make America safer.
  This bill contains much-needed help to States across America to 
improve their anticrime technology. It also contains the Volunteers for 
Children Act, a bill of mine that this body approved unanimously many 
months ago, which the other body unanimously added to this important 
legislation.
  The Volunteers for Children provisions will give volunteer groups 
access, if they want that access, to fingerprint-based FBI background 
checks. Let me reiterate the gentleman from Florida's comments a moment 
ago. It does not require any group to seek these background checks, nor 
does it incur liability if they choose not to.
  This access is supported by every group concerned about using the 
best tools possible to protect their young charges. Organizations like 
the Boys and Girls Clubs have been asking for this access because 
fingerprint checks are virtually the only way they can know whether a 
person who shows up in a community to volunteer around children has, in 
fact, a criminal background in another State.
  As a report last year by the General Accounting Office put it, 
``National fingerprint-based background checks may be the only 
effective way to readily identify the potentially worst abusers of 
children; that is, the pedophiles who change their names and move from 
State to State to continue their sexually perverse patterns of 
behavior.''
  Two of the biggest problems with using fingerprint-based FBI checks 
has been that they have taken too long and cost too much to use them 
more than occasionally. But the FBI has been developing a computerized 
system that will all but eliminate both those concerns once States have 
comparable technology. That is the crux of this overall bill before us 
today: helping States acquire that technology.
  Madam Speaker, it is critical that we give States the help we can in 
upgrading their crime-fighting technology. And it is critical that we 
allow volunteer groups, schools and others who work with young children 
access to the most effective resources they need to ensure that they 
are not inadvertently hiring criminals to work around young children.
  As Robbie Callaway, the senior vice president for the Boys and Girls 
Clubs of America and a strong supporter of this legislation, put it, 
``Our clubs and most youth-serving organizations want every possible 
legal tool to guarantee the safety of the children we serve.''
  We are all dedicated to doing what we can to protect children from 
harm,

[[Page H9993]]

and this bill will significantly advance those efforts.
  Again, I thank the gentleman from Florida (Mr. McCollum) for bringing 
this measure to the floor. I thank my local constituent, Jody Gorran, 
for bringing this to my attention. I want to specifically thank Erica 
Bryant from the staff of the gentleman from Florida (Mr. McCollum) for 
her very, very hard work and dedication to this issue, and of course to 
my staffer, Liz Nicolson, who has really worked with me to see this to 
success on the floor tonight, because it really does suggest that this 
is about protecting our children.
  Is it fool-proof? No. Will it do everything? No, of course it will 
not. But it gives those organizations one more tool in their arsenal to 
protect our children.
  I want to thank the gentlewoman from Texas (Ms. Jackson-Lee) for her 
help on this bill and the National Center for Missing and Exploited 
Children for weighing in on this issue when it was most timely during 
committee hearings that the chairman agreed to hear on this bill, and 
again I thank my colleagues for not only supporting the portion that I 
am here today to speak on, but the entire bill, because it will be an 
effective tool for law enforcement in this country.
  Ms. JACKSON-LEE of Texas. Madam Speaker, this is a great bill, and I 
hope we can make sure it passes, and I yield back the balance of my 
time.
  Mr. McCOLLUM. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. McCollum) that the House suspend the rules 
and pass the Senate bill, S. 2202, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________