[Congressional Record Volume 144, Number 148 (Friday, October 16, 1998)]
[Senate]
[Pages S12670-S12673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             BAILEY ``USE OR CARRY'' FIREARMS BILL, S. 191

  Mr. DeWINE. Mr. President, I rise to hail the passage last night of 
the Bailey Fix Act, also known as the use or carry bill, after two 
Congresses. This legislation will provide enhanced mandatory minimum 
penalties for those criminals who use guns while trafficking in drugs 
or in the commission of violent crimes. When the Supreme Court handed 
down its decision in Bailey versus United States in 1995, the Court 
dealt a serious blow to law enforcement. Prior to that decision, drug 
traffickers who ``used or carried'' firearms during or in relation to 
their drug trafficking crimes were subject to mandatory minimums of 
five years under Section 924(c) of Title 18. With this decision, the 
Court significantly limited prosecutors' ability to put gun-using, drug 
trafficking criminals away.
  In Bailey, the Supreme Court, in a unanimous decision, announced that 
in order to receive the sentence enhancement for using or carrying a 
firearm during a violent or drug trafficking crime under Title 18 
U.S.C. 924(c), the criminal must ``actively employ'' a firearm. This 
decision severely restricted an important tool used by federal 
prosecutors to put gun-using drug criminals behind bars. According to 
the U.S. Sentencing Commission, there were 9,182 defendants sentenced 
nationwide from 1991 to 1995 under 924(c). The Commission notes that 
the vast majority, about 75% of these cases are drug trafficking and 
bank robbery cases. Since the Bailey decision, the number of federal 
cases involving a 924(c) enhancement has declined by about 17%.
  The question before this Congress for almost four years, two Senate 
hearings, and seven bills was how to restore this crime fighting tool. 
Across the political spectrum there is a consensus about the problem. 
There is also a consensus, I believe, that the purpose of this ``use or 
carry'' provision is twofold; to punish criminals who use guns,

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and to be a deterrent to would-be criminals not to use a gun. So, 
924(c) comes with a message: ``If you mix guns and drugs, or guns and 
violence, we're going to come after you--and the price will be high.''
  The final bill attempts to address the issue: ``Where do we draw the 
line in constructive possession cases?'' How do we address those 
situations when the gun is not in the direct possession of the criminal 
when either the crime is committed or he is caught for the crime.
  This legislation, however, is meant to embrace not only instances of 
brandishing, firing or displaying a firearm during a crime of violence 
or drug trafficking offense, but also to those situations where a 
defendant kept a firearm available to provide security for the 
transaction, its fruit or proceeds, or was otherwise emboldened by its 
presence in the commission of the offense. Many of these instances, 
frankly, are simply an issue of proof. To that extent we must 
acknowledge our limitations in addressing a solution.
  This bill would change the wording of Section 924(c) to add to 
``uses, carries'' ``in furtherance of the crime, possesses a firearm.'' 
The original S. 191 did not contain this ``in furtherance language'' 
that modifies ``possesses.

       [In pertinent part, Section 924(c) would read:
       ``. . . any person who, during and in relation to any crime 
     of violence or drug trafficking crime (including a crime of 
     violence or drug trafficking crime that provides for an 
     enhanced punishment if committed by the use of a deadly or 
     dangerous weapon or device) for which a person may be 
     prosecuted in a court of the United States, uses or carries a 
     firearm, or who, in furtherance of any such crime, possesses 
     a firearm, shall . . .'']

  The purpose of adding the ``in furtherance'' language is to assure 
that someone who possesses a gun that has nothing to do with the crime 
does not fall under 924(c). I believe that the ``in furtherance'' 
language is a slightly higher standard that encompasses ``during and in 
relation to'' language, by requiring an indication of helping forward, 
promote, or advance a crime. This provision applies equally to the 
individual simply exercising his or her right to own a firearm, as well 
as the prosecutor who would bring a 924(c) action where there is, 
arguably, an insufficient nexus between the crime and the gun.
  This bill will:
  Provide for a mandatory minimum sentence of five years for anyone who 
uses, carries or possesses a firearm during a crime of violence or drug 
trafficking offense;
  Provide a seven year sentence for ``brandishing'' by making known the 
presence of a firearm during the commission of a crime.
  Raise the penalty to ten years if the gun is discharged.
  Mr. President, I have always believed that that this is an eminently 
fixable problem. Our prosecutors need full use of this provision now, 
and it is my hope and my belief that this legislation will accomplish 
that purpose.
  I ask unanimous consent that a section-by-section analysis be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

National Crime Prevention and Privacy Compact of the National Criminal 
  History Access and Child Protection Act Section-by-Section Analysis

       Section 211.--This section provides the short title of the 
     Act.
       Section 212.--This section sets forth the congressional 
     findings upon which the Act is predicated. The section 
     reflects congressional determinations that both the FBI and 
     the states maintain fingerprint-based criminal history 
     records and exchange them for criminal justice purposes and 
     also, to the extent authorized by federal law and the laws of 
     the various states, use the information contained in these 
     records for certain noncriminal justice purposes. Although 
     this system has operated for years on a reciprocal, voluntary 
     basis, the exchange of records for noncriminal justice 
     purposes has been hampered by the fact that the laws and 
     policies of the states governing the noncriminal justice use 
     of criminal history records and the procedures by which they 
     are exchanged vary widely. A compact will establish a uniform 
     standard for the interstate and federal-state exchange of 
     criminal history records for noncriminal justice purposes, 
     while permitting each state to continue to enforce its own 
     record dissemination laws within its own borders. A compact 
     will also facilitate the interstate and federal-state 
     exchange of information by clarifying the obligations and 
     responsibilities of the respective parties, streamlining the 
     processing of background search applications and eliminating 
     record maintenance duplication at the federal and state 
     levels. Finally, the compact will provide a mechanism for 
     establishing and enforcing uniform standards governing record 
     accuracy and protecting the confidentiality and privacy 
     interests of record subjects.
       Section 213.--This section sets out definitions of key 
     terms used in this subtitle. Definitions of key terms used in 
     the compact are set out in Article I of the compact.
       Section 214.--This section formally enacts the compact into 
     federal law, makes the United States a party, and consents to 
     entry into the Compact by the States.
       Section 215.--This section outlines the effect of the 
     Compact's enactment on certain other laws. First, subsection 
     (a) provides that the Compact is deemed to have no effect on 
     the FBI's obligations and responsibilities under the Privacy 
     Act. The Privacy Act became effective in 1975, and can 
     generally be characterized as a federal code of fair 
     information practices regarding individuals. The Privacy Act 
     regulates the collection, maintenance, use, and dissemination 
     of personal information by the federal government. This 
     Section makes clear that the Compact will neither expand nor 
     diminish the obligations imposed on the FBI by the Privacy 
     Act. All requirements relating to collection, disclosure and 
     administrative matters remain in effect, including standards 
     relating to notice, accuracy and security measures.
       Second, enactment of the Compact will neither expand nor 
     diminish the responsibility of the FBI and the state criminal 
     history record repositories to permit access, direct or 
     otherwise, to criminal history records under the authority of 
     certain other federal laws (enumerated in subsection (b)(1)). 
     These laws include the following:
       The Security Clearance Information Act (Section 9101 of 
     Title 5, United States Code) requires state and local 
     criminal justice agencies to release criminal history record 
     information to certain federal agencies for national security 
     background checks.
       The Brady Handgun Violence Prevention Act prescribes a 
     waiting period before the purchase of a handgun may be 
     consummated in order for a criminal history records check on 
     the purchaser to be completed, and also establishes a 
     national instant background check system to facilitate 
     criminal history checks of firearms purchasers. Under this 
     system, licensed firearms dealers are authorized access to 
     the national instant background check system for purposes of 
     complying with the background check requirement.
       The National Child Protection Act of 1993 (42 U.S.C. Sec.  
     5119a) authorizes states with appropriate state statutes to 
     access and review state and federal criminal history records 
     through the national criminal history background check system 
     for the purpose of determining whether care providers for 
     children, the elderly and the disabled have criminal 
     histories bearing upon their fitness to assume such 
     responsibilities.
       The Violent Crime Control and Law Enforcement Act of 1994 
     authorizes federal and state civil courts to have access to 
     FBI databases containing criminal history records, missing 
     person records and court protection orders for use in 
     connection with stalking and domestic violence cases.
       The United States Housing Act of 1937, as amended by the 
     Housing Opportunity Program Extension Act of 1996, authorizes 
     public housing authorities to obtain federal and state 
     criminal conviction records relating to public hosing 
     applicants or tenants for purposes of applicant screening, 
     lease enforcement and eviction.
       The Native American Housing Assistance and Self-
     Determination Act authorizes Indian tribes or tribally 
     designated housing entities to obtain federal and state 
     conviction records relating to applicants for or tenants of 
     federally assisted housing for purposes of applicant 
     screening, lease enforcement and eviction. Nothing in the 
     Compact would alter any rights of access provided under these 
     laws.
       Subsection (b)(2) provides that the compact shall not 
     affect any direct access to federal criminal history records 
     authorized by law. Under existing legal authority, the FBI 
     has provided direct terminal access to certain federal 
     agencies, including the Office of Management and Budget and 
     the Immigration and Naturalization Service, to facilitate the 
     processing of large numbers of background search requests by 
     these agencies for such purposes as federal employment, 
     immigration and naturalization matters, and the issuance of 
     security clearances. This access will not be affected by the 
     compact.
       Subsection (c) provides that the Compact's enactment will 
     not affect the FBI's authority to use its criminal history 
     records for noncriminal justice purposes under Public Law 92-
     544--the State, Justice, Commerce Appropriations Act of 1973. 
     This law restored the Bureau's authority to exchange its 
     identification records with the states and certain other 
     organizations or entities, such as federally chartered or 
     insured banking institutions, for employment and licensing 
     purposes, after a federal district court had declared the 
     FBI's practice of doing so to be without foundation. (See 
     Menard v. Mitchell, 328 F. Supp. 718 (D.D.C. 1971).
       Subsection (d) provides that the Council created by the 
     Compact to facilitate its administration is deemed not to be 
     a federal advisory committee as defined under the Federal 
     Advisory Committee Act. This provision is necessary since 
     nonfederal employees will sit on the Compact Council together

[[Page S12672]]

     with federal personnel and the Council may from time to time 
     be called upon to provide the Director of the FBI or the 
     Attorney General with collective advice on the administration 
     of the Compact. Without this stipulation, such features might 
     cause the Council to be considered an advisory committee 
     within the meaning of the Federal Advisory Committee Act. 
     Even though the Council will not be considered an advisory 
     committee for purposes of the Act, it will hold public 
     meetings.
       Similarly, to avoid any question on the subject, Subsection 
     (e) provides that members of the Compact Council will not be 
     deemed to be federal employees or officers by virtue of their 
     Council membership for any purpose other than to effect the 
     Compact. Thus, state officials and other nonfederal personnel 
     who are appointed to the Council will be considered federal 
     officials only to the extent of their roles as Council 
     members. They will not be entitled to compensation or 
     benefits accruing to federal employees or officers, but they 
     could receive reimbursement from federal funds for travel and 
     subsistence expenses incurred in attending council meetings.
       Section 216.--This Section admonishes all federal personnel 
     to enforce the Compact and to cooperate in its 
     implementation. It also directs the U.S. Attorney General to 
     take such action as may be necessary to implement the Compact 
     within the federal government, including the promulgation of 
     regulations.
       Section 217.--This is the core of the subtitle and sets 
     forth the text of the Compact:


                                Overview

       This briefly describes what the Compact is and how it is 
     meant to work. Under the Compact, the FBI and the states 
     agree to maintain their respective databases of criminal 
     history records and to make them available to Compact parties 
     for authorized purposes by means of an electronic information 
     sharing system established cooperatively by the federal 
     government and the states.


                         Article I--Definitions

       This article sets out definitions for key terms used in the 
     Compact. Most of the definitions are substantially identical 
     to definitions commonly used in federal and state laws and 
     regulations relating to criminal history records and need no 
     explanation. However, the following definitions merit 
     comment:
     (20) Positive identification
       This term refers, in brief, to association of a person with 
     his or her criminal history record through a comparison of 
     fingerprints or other equally reliable biometric 
     identification techniques. Such techniques eliminate or 
     substantially reduce the risks of associating a person with 
     someone else's record or failing to find a record of a person 
     who uses a false name. At present, the method of establishing 
     positive identification in use in criminal justice agencies 
     throughout the United States is based upon comparison of 
     fingerprint patterns, which are essentially unique and 
     unchanging and thus provide a highly reliable basis for 
     identification. It is anticipated that this method of 
     positive identification will remain in use for many years to 
     come, particularly since federal and state agencies are 
     investing substantial amounts of money to acquire automated 
     fingerprint identification equipment and related devices 
     which facilitate the capturing and transmission of 
     fingerprint images and provide searching and matching methods 
     that are efficient and highly accurate. However, there are 
     other biometric identification techniques, including retinal 
     scanning, voice-print analysis and DNA typing, which might be 
     adapted for criminal record identification purposes. The 
     wording of the definition contemplates that at some future 
     time the Compact Council might authorize the use of one or 
     more of these techniques for establishing positive 
     identification, if it determines that the reliability of such 
     technique(s) is at least equal to the reliability of 
     fingerprint comparison.
     (21) Sealed record information
       Article IV, paragraph (b), permits the FBI and state 
     criminal history record repositories to delete sealed record 
     information when responding to an interstate record request 
     pursuant to the Compact. Thus, the definition of ``sealed'' 
     becomes important, particularly since state sealing laws vary 
     considerably, ranging from laws that are quite restrictive in 
     their application to others that are very broad. The 
     definition set out here is intended to be a narrow one in 
     keeping with a basic tenet of the Compact--that state 
     repositories shall release as much information as possible 
     for interstate exchange purposes, with issues concerning the 
     use of particular information for particular purposes to be 
     decided under the laws of the receiving states. Consistent 
     with the definition, an adult record, or a portion of it, may 
     be considered sealed only if its release for noncriminal 
     justice purposes has been prohibited by a court order or by 
     action of a designated official or board, such as a State 
     Attorney General or a Criminal Record Privacy Board, acting 
     pursuant to a federal or state law. Further, to qualify under 
     the definition, a court order, whether issued in response to 
     a petition or on the court's own motion, must apply only to a 
     particular record subject or subjects referred to by name in 
     the order. So-called ``blanket'' court orders applicable to 
     multiple unnamed record subjects who fall into particular 
     classifications or circumstances, such as first-time non-
     serious drug offenders, do not fit the definition. Similarly, 
     sealing orders issued by designated officials or boards 
     acting pursuant to statutory authority meet the definition 
     only if such orders are issued in response to petitions filed 
     by individual record subjects who are referred to by name in 
     the orders. So-called ``automatic'' sealing laws, which 
     restrict the noncriminal justice use of the records of 
     certain defined classes of individuals, such as first-time 
     offenders who successfully complete probation terms, do not 
     satisfy the definition, because they do not require the 
     filing of individual petitions and the issuance of 
     individualized sealing orders.
       Concerning juvenile records, each state is free to adopt 
     whatever definition of sealing it prefers.


                          Article II--Purposes

       Five purposes are listed: creation of a legal framework for 
     establishment of the Compact; delineation of the FBI's 
     obligations under the Compact; delineation of the obligations 
     of party states; creation of a Compact Council to monitor 
     system operations and promulgate necessary rules and 
     procedures; and, establishment of an obligation by the 
     parties to adhere to the Compact and its related rules and 
     standards.


            Article III--Responsibilities of Compact Parties

       This article details FBI and state responsibilities under 
     the Compact and provides for the appointment of Compact 
     Officers by the FBI and by party states. Compact officers 
     shall have primary responsibility for ensuring the proper 
     administration of the Compact within their jurisdictions.
       The FBI is required to provide criminal history records 
     maintained in its automated database for noncriminal justice 
     purposes described in Article IV of the Compact. These 
     responses will include federal criminal history records and, 
     to the extent that the FBI has such data in its files, 
     information from non-Compact States and information from 
     Compact States relating to records which such states cannot 
     provide through the III System. The FBI is also responsible 
     for providing and maintaining the centralized system and 
     equipment necessary for the Compact's success and ensuring 
     that requests made for criminal justice purposes will have 
     priority over requests made for noncriminal justice purposes.
       State responsibilities are similar. Each Party State must 
     grant other states access to its III system-indexed criminal 
     history records for authorized noncriminal justice purposes 
     and must submit to the FBI fingerprint records and subject 
     identification information that are necessary to maintain the 
     national indices. Each state must comply with duly 
     established system rules, procedures, and standards. Finally, 
     each state is responsible for providing and maintaining the 
     telecommunications links and equipment necessary to support 
     system operations within that state.
       Administration of Compact provisions will not be permitted 
     to reduce the level of service available to authorized 
     criminal justice and noncriminal justice users on the 
     effective date of the Compact.


               Article IV--Authorized Record Disclosures

       This article requires the FBI, to the extent authorized by 
     the Privacy Act, and the state criminal history record 
     repositories to provide criminal history records to one 
     another for use by governmental or nongovernmental agencies 
     for noncriminal justice purposes that are authorized by 
     federal statute, by federal executive order, or by a state 
     statute that has been approved by the U.S. Attorney General. 
     Compact parties will be required to provide criminal history 
     records to other compact parties for noncriminal justice uses 
     that are authorized by law in the requesting jurisdiction 
     even though the law of the responding jurisdiction does not 
     authorize such uses within its borders. Further, the 
     responding party must provide all of the criminal history 
     record information it holds on the individual who is the 
     subject of the request (deleting only sealed record 
     information) and the law of the requesting jurisdiction will 
     determine how much of the information will actually be 
     released to the noncriminal justice agency on behalf of which 
     the request was made. This approach provides a uniform 
     dissemination standard for interstate exchanges, while 
     permitting each compact party to enforce its own record 
     dissemination laws within its borders.
       To provide uniformity of interpretation, state laws 
     authorizing noncriminal justice uses of criminal history 
     records under this article must be reviewed by the U.S. 
     Attorney General to ensure that the laws explicitly authorize 
     searches of the national indices.
       Records provided through the III System pursuant to the 
     Compact may be used only by authorized officials for 
     authorized purposes. Compact officers must establish 
     procedures to ensure compliance with this limitation as well 
     as procedures to ensure that criminal history record 
     information provided for noncriminal justice purposes is 
     current and accurate and is protected from unauthorized 
     release. Further, procedures must be established to ensure 
     that records received from other compact parties are screened 
     to ensure that only legally authorized information is 
     released. For example, if the law of the receiving 
     jurisdiction provides that only conviction records may be 
     released for a particular noncriminal justice purpose,

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     all other entries, such as acquittal or dismissal notations 
     or arrest notations with no accompanying disposition 
     notation, must be deleted.


                  Article V--Record Request Procedures

       This article provides that direct access to the National 
     Identification Index and the National Fingerprint File for 
     purposes of conducting criminal history record searches for 
     noncriminal justice purposes shall be limited to the FBI and 
     the state criminal history record repositories. A noncriminal 
     justice agency authorized to obtain national searches 
     pursuant to an approved state statute must submit the search 
     application through the state repository in the state in 
     which the agency is located. A state repository receiving a 
     search application directly from a noncriminal justice agency 
     in another state may process the application through its own 
     criminal history record system, if it has legal authority 
     to do so, but it may not conduct a search of the national 
     indices on behalf of such an out-of-state agency nor may 
     it obtain out-of-state or federal records for such an 
     agency through the III System.
       Noncriminal justice agencies authorized to obtain national 
     record checks under federal law or federal executive order, 
     including federal agencies, federally chartered or insured 
     financial institutions and certain securities and commodities 
     establishments, must submit search applications through the 
     FBI or, if the repository consents to process the 
     application, through the state repository in the state in 
     which the agency is located.
       All noncriminal justice search applications submitted to 
     the FBI or to the state repositories must be accompanied by 
     fingerprints or some other approved form of positive 
     identification. If, a state repository positively identifies 
     the subject of such a search application as having a III 
     System-indexed record maintained by another state repository 
     or the FBI, the state repository shall be entitled to obtain 
     such records from such other state repositories or the FBI. 
     If a state repository cannot positively identify the subject 
     of a noncriminal justice search application, the repository 
     shall forward the application, together with fingerprints or 
     other approved identifying information, to the FBI. If the 
     FBI positively identifies the search application subject as 
     having a III System-indexed record or records, it shall 
     notify the state repository which submitted the application 
     and that repository shall be entitled to obtain any III 
     System-indexed record or records relating to the search 
     subject maintained by any other state repository on the FBI.
       The FBI and state repositories may charge fees for 
     processing noncriminal justice search applications, but may 
     not charge fees for providing criminal history records by 
     electronic means in response to authorized III System record 
     requests.


              Article VI--Establishment of Compact Council

       This article establishes a Compact Council to promulgate 
     rules and procedures governing the use of the III System for 
     noncriminal justice purposes. Such rules cannot conflict with 
     the FBI's administration of the III System for criminal 
     justice purposes. Issues concerning whether particular rules 
     or procedures promulgated by the Council conflict with FBI 
     authority under this article shall be adjudicated pursuant to 
     Article XI.
       The Council shall consist of 15 members from compact states 
     and federal and local criminal justice and noncriminal 
     justice agencies. All members shall be appointed by the U.S. 
     Attorney General. Council members shall elect a Council 
     Chairman and Vice Chairman, both of whom shall be compact 
     officers unless there are no compact officers on the Council 
     who are willing to serve, in which case at-large members may 
     be elected to these offices.
       The 15 Council members include nine members who must be 
     state compact officers or state repository administrators, 
     four at-large members representing federal, state and local 
     criminal justice and noncriminal justice interests, one 
     member from the FBI's advisory policy board on criminal 
     justice information services and one member who is an FBI 
     employee. Although, as noted, all members will be appointed 
     by the U.S. Attorney General, they will be nominated by other 
     persons, as specified in the Compact. If the Attorney General 
     declines to appoint any person so nominated, the Attorney 
     General shall request another nomination from the person or 
     persons who nominated the rejected person. Similarly, if a 
     Council membership vacancy occurs, for any reason, the 
     Attorney General shall request a replacement nomination from 
     the person or persons who made the original nomination.
       Persons who are appointed to the Council who are not 
     already federal officials or employees shall, by virtue of 
     their appointment by the Attorney General, become federal 
     officials to the extent of their duties and responsibilities 
     as Council members. They shall, therefore, have authority to 
     participate in the development and issuance of rules and 
     procedures, and to participate in other actions within the 
     scope of their duties as Council members, which may be 
     binding upon federal officers and employees or otherwise 
     affect federal interests.
       The Council shall be located for administrative purposes 
     within the FBI and shall have authority to request relevant 
     assistance and information from the FBI. Although the Council 
     will not be considered a Federal Advisory Committee (see 
     Section 215(d)), it will hold public meetings and will 
     publish its rules and procedures in the Federal Register and 
     make them available for public inspection and copying at a 
     Council office within the FBI.


                  Article VII--Ratification of Compact

       This article states that the Compact will become effective 
     immediately upon its execution by two or more states and the 
     United States Government and will have the full force and 
     effect of law within the ratifying jurisdictions. Each state 
     will follow its own laws in effecting ratification.


                 Article VIII--Miscellaneous Provisions

       This article makes clear that administration of the Compact 
     shall not interfere with the authority of the FBI Director 
     over the management and control of the FBI's collection and 
     dissemination of criminal history records for any purpose 
     other than noncriminal justice. Similarly, nothing in the 
     Compact diminishes a state's obligations and authority under 
     Public Law 92-544 regarding the dissemination or use of 
     criminal history record information (see analysis of Section 
     214, above). The Compact does not require the FBI to obligate 
     or expend funds beyond its appropriations.


                        Article IX--Renunciation

       This article provides that a state wishing to end its 
     obligations by renouncing the Compact shall do so in the same 
     manner by which it ratified the Compact and shall provide six 
     months' advance notice to other compact parties.


                        Article X--Severability

       This article provides that the remaining provisions of the 
     Compact shall not be affected if a particular provision is 
     found to be in violation of the Federal Constitution or the 
     constitution of a party state. Similarly, a finding in one 
     state that a portion of the Compact is legally objectionable 
     will have no effect on the viability of the Compact in other 
     Party States.


                  Article XI--Adjudication of Disputes

       This article vests initial authority in the Compact Council 
     to interpret its own rules and standards and to resolve 
     disputes among parties to the Compact. Decisions are to be 
     rendered upon a majority vote of Council members after a 
     hearing on the issue. Any Compact party may appeal any such 
     Council decision to the U.S. Attorney General and thereafter 
     may file suit in the appropriate United States district 
     court. Any suit concerning the compact filed in any state 
     court shall be removed to the appropriate federal district 
     court.

                          ____________________