[105th Congress Public Law 251]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ251.105]
[[Page 1869]]
INTERSTATE CRIMINAL JUSTICE IMPROVEMENTS
[[Page 112 STAT. 1870]]
Public Law 105-251
105th Congress
An Act
To provide for the improvement of interstate criminal justice
identification, information, communications, and forensics. <<NOTE: Oct.
9, 1998 - [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.
[[Page 112 STAT. 1871]]
TITLE I--CRIME <<NOTE: Crime Identification Technology Act of
1998.>> IDENTIFICATION TECHNOLOGY ACT OF 1998
SEC. 101. SHORT TITLE. <<NOTE: Records.>>
<<NOTE: 42 USC 14601 note.>> This title may be cited as the ``Crime
Identification Technology Act of 1998''.
SEC. 102. STATE <<NOTE: 42 USC 14601.>> 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
[[Page 112 STAT. 1872]]
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.--
(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
[[Page 112 STAT. 1873]]
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 as 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.
[[Page 112 STAT. 1874]]
TITLE II--NATIONAL <<NOTE: National Criminal History Access and Child
Protection Act. Records.>> CRIMINAL HISTORY ACCESS AND CHILD PROTECTION
ACT
SEC. 201. <<NOTE: 42 USC 14601 note.>> SHORT TITLE.
This title may be cited as the ``National Criminal History Access
and Child Protection Act''.
Subtitle <<NOTE: National Crime Prevention and Privacy Compact Act of
1998. Records.>> A--Exchange of Criminal History Records for Noncriminal
Justice Purposes
SEC. 211. <<NOTE: 42 USC 14601 note.>> SHORT TITLE.
This subtitle may be cited as the ``National Crime Prevention and
Privacy Compact Act of 1998''.
SEC. 212. <<NOTE: 42 USC 14611.>> 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. <<NOTE: 42 USC 14612.>> 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.
[[Page 112 STAT. 1875]]
(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. <<NOTE: 42 USC 14613.>> 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. <<NOTE: 42 USC 14614.>> 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. <<NOTE: 42 USC 14615.>> 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
[[Page 112 STAT. 1876]]
other actions as may be necessary to carry out the Compact and this
subtitle.
SEC. 217. <<NOTE: 42 USC 14616.>> NATIONAL CRIME PREVENTION AND PRIVACY
COMPACT.
The Contracting Parties agree to the following:
Overview
(a) In General.--This Compact organizes an electronic information
sharing system among the Federal Government and the States to exchange
criminal history records for noncriminal justice purposes authorized by
Federal or State law, such as background checks for governmental
licensing and employment.
(b) Obligations of Parties.--Under this Compact, the FBI and the
Party States agree to maintain detailed databases of their respective
criminal history records, including arrests and dispositions, and to
make them available to the Federal Government and to Party States for
authorized purposes. The FBI shall also manage the Federal data
facilities that provide a significant part of the infrastructure for the
system.
ARTICLE I--DEFINITIONS
In this Compact:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Compact officer.--The term ``Compact officer'' means--
(A) with respect to the Federal Government, an
official so designated by the Director of the FBI; and
(B) with respect to a Party State, the chief
administrator of the State's criminal history record
repository or a designee of the chief administrator who
is a regular full-time employee of the repository.
(3) Council.--The term ``Council'' means the Compact Council
established under Article VI.
(4) Criminal history records.--The term ``criminal history
records''--
(A) means information collected by criminal justice
agencies on individuals consisting of identifiable
descriptions and notations of arrests, detentions,
indictments, or other formal criminal charges, and any
disposition arising therefrom, including acquittal,
sentencing, correctional supervision, or release; and
(B) does not include identification information such
as fingerprint records if such information does not
indicate involvement of the individual with the criminal
justice system.
(5) Criminal history record repository.--The term ``criminal
history record repository'' means the State agency designated by
the Governor or other appropriate executive official or the
legislature of a State to perform centralized recordkeeping
functions for criminal history records and services in the
State.
(6) Criminal justice.--The term ``criminal justice''
includes activities relating to the detection, apprehension,
detention, pretrial release, post-trial release, prosecution,
adjudication, correctional supervision, or rehabilitation of
accused persons
[[Page 112 STAT. 1877]]
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.
[[Page 112 STAT. 1878]]
(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,
[[Page 112 STAT. 1879]]
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;
(2) establish and maintain a criminal history record
repository, which shall provide--
[[Page 112 STAT. 1880]]
(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
[[Page 112 STAT. 1881]]
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 a 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
[[Page 112 STAT. 1882]]
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.--
[[Page 112 STAT. 1883]]
(1) In general.--The Council shall meet at 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, <<NOTE: Public information. Federal Register,
publication.>> Procedures, and Standards.--The Council shall make
available for public inspection and copying at the Council office within
the FBI, and shall publish in the Federal Register, any rules,
procedures, or standards established by the Council.
(f) Assistance From FBI.--The Council may request from the FBI such
reports, studies, statistics, or other information or materials as the
Council determines to be necessary to enable the Council to perform its
duties under this Compact. The FBI, to the extent authorized by law, may
provide such assistance or information upon such a request.
(g) Committees.--The Chairman may establish committees as necessary
to carry out this Compact and may prescribe their membership,
responsibilities, and duration.
ARTICLE VII--RATIFICATION OF COMPACT
This <<NOTE: Effective date.>> 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.
[[Page 112 STAT. 1884]]
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) <<NOTE: Effective date.>> 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.
[[Page 112 STAT. 1885]]
Subtitle <<NOTE: Volunteers for Children Act.>> B--Volunteers for
Children Act
SEC. 221. <<NOTE: 42 USC 5101 note.>> 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''.
Approved October 9, 1998.
LEGISLATIVE HISTORY--S. 2022:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
July 13, considered and passed Senate.
Oct. 7, considered and passed House, amended.
Oct. 8, Senate concurred in House amendment.
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