[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3638-S3639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2665. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title IX, insert the following:

[[Page S3639]]

  


     SEC. ___. GRANT PROGRAM FOR STATES TO ESTABLISH PROGRAMS FOR 
                   EXPANDING, COLLECTING, STORING, AND MAKING 
                   ACCESSIBLE CRIMINAL HISTORY RECORD INFORMATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) States should support investigative service providers 
     conducting background investigations authorized by the 
     Security Executive Agent or the Suitability and Credentialing 
     Executive Agent by--
       (A) providing automated access to criminal history records 
     produced by criminal justice agencies; and
       (B) expanding State criminal history record systems to 
     include name-based arrests not supported by biometrics; and
       (2) the large volume of requests from investigative service 
     providers places significant demands on States that exceed 
     their current resources.
       (b) Material Resources and Support.--
       (1) Grant program required.--The Attorney General shall, in 
     coordination with the Government's primary investigative 
     service provider, establish a competitive grant program to 
     support States in carrying out the activities described in 
     subsection (a).
       (2) Standards.--Not later than 180 days after the date of 
     the enactment of this Act, the Security Executive Agent 
     shall, in consultation with the Council and the Government's 
     primary investigative service provider, set standards for the 
     grant program authorized under paragraph (1), including 
     biometric and biographic information standards.
       (3) Derivation of funds.--Amounts to carry out the grant 
     program authorized under paragraph (1) shall be derived from 
     amounts appropriated or otherwise made available for the 
     Department of Justice.
       (c) Annual Reports.--Not less frequently than once each 
     year, the Government's primary investigative service 
     provider, in coordination with the Council, shall submit to 
     the appropriate congressional committees a report that 
     describes the status of--
       (1) State efforts to provide automated access to criminal 
     history records produced by criminal justice agencies;
       (2) the efforts of investigative service providers to use 
     such automated access; and
       (3) the use of funds received by States under subsection 
     (b)(1).
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the congressional intelligence committees (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003));
       (C) the Committee Homeland Security and Governmental 
     Affairs and the Committee on the Judiciary of the Senate; and
       (D) the Committee on Homeland Security, the Committee on 
     Oversight and Government Reform, and the Committee on the 
     Judiciary of the House of Representatives.
       (2) Council.--The term ``Council'' means the Security, 
     Suitability, and Credentialing Performance Accountability 
     Council established pursuant to Executive Order 13467 (73 
     Fed. Reg. 38103; 50 U.S.C. 3161 note).
       (3) Criminal history record information.--The term 
     ``criminal history record information'' has the meaning given 
     such term in section 9101(a) of title 5, United States Code.
       (4) Criminal justice agency.--The term ``criminal justice 
     agency'' has the meaning given such term in such section.
       (5) Government's primary investigative service provider.--
     The term ``Government's primary investigative service 
     provider'' means the Government's primary investigative 
     service provider established pursuant to Executive Order 
     13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), or any 
     successor entity.
       (6) Security executive agent.--The term ``Security 
     Executive Agent'' means the Director of National Intelligence 
     acting as the Security Executive Agent in accordance with 
     Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 
     note).
       (7) State.--The term ``State'' has the meaning given such 
     term in section 9101(a) of title 5, United States Code.
       (8) Suitability and credentialing executive agent.--The 
     term ``Suitability and Credentialing Executive Agent'' means 
     the Director of the Office of Personnel Management acting as 
     the Suitability and Credentialing Executive Agent in 
     accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 
     U.S.C. 3161 note).
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