105TH CONGRESS

2D SESSION S. 2022

AMENDMENT
In the House of Representatives, U. S.,

October 7, 1998.

Resolved, That the bill from the Senate (S. 2022) entitled ‘‘An Act to provide for the improvement of interstate

criminal justice identification, information, communications,

and forensics’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. TABLE OF CONTENTS.

2 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.
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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.

1 TITLE I—CRIME IDENTIFICATION

2 TECHNOLOGY ACT OF 1998

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Crime Identification

5 Technology Act of 1998’’.

6 SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE

7 IDENTIFICATION, INFORMATION, AND COM8 MUNICATION.

9 (a) IN GENERAL.—Subject to the availability of

10 amounts provided in advance in appropriations Acts, the

11 Office of Justice Programs relying principally on the exper12 tise of the Bureau of Justice Statistics shall make a grant

13 to each State, in a manner consistent with the national
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1 criminal history improvement program, which shall be used

2 by the State, in conjunction with units of local government,

3 State and local courts, other States, or combinations thereof,

4 to establish or upgrade an integrated approach to develop

5 information and identification technologies and systems

6 to—

7 (1) upgrade criminal history and criminal jus8 tice record systems, including systems operated by

9 law enforcement agencies and courts;

10 (2) improve criminal justice identification;

11 (3) promote compatibility and integration of na12 tional, State, and local systems for—

13 (A) criminal justice purposes;

14 (B) firearms eligibility determinations;

15 (C) identification of sexual offenders;

16 (D) identification of domestic violence of17 fenders; and

18 (E) background checks for other authorized

19 purposes unrelated to criminal justice; and

20 (4) capture information for statistical and re21 search purposes to improve the administration of

22 criminal justice.

23 (b) USE OF GRANT AMOUNTS.—Grants under this sec24 tion may be used for programs to establish, develop, update,

25 or upgrade—
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1 (1) State centralized, automated, adult and juve2 nile criminal history record information systems, in3 cluding arrest and disposition reporting;

4 (2) automated fingerprint identification systems

5 that are compatible with standards established by the

6 National Institute of Standards and Technology and

7 interoperable with the Integrated Automated Finger8 print Identification System (IAFIS) of the Federal

9 Bureau of Investigation;

10 (3) finger imaging, live scan, and other auto11 mated systems to digitize fingerprints and to commu12 nicate prints in a manner that is compatible with

13 standards established by the National Institute of

14 Standards and Technology and interoperable with

15 systems operated by States and by the Federal Bu16 reau of Investigation;

17 (4) programs and systems to facilitate full par18 ticipation in the Interstate Identification Index of the

19 National Crime Information Center;

20 (5) systems to facilitate full participation in any

21 compact relating to the Interstate Identification Index

22 of the National Crime Information Center;

23 (6) systems to facilitate full participation in the

24 national instant criminal background check system

25 established under section 103(b) of the Brady Hand-
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1 gun Violence Prevention Act (18 U.S.C. 922 note) for

2 firearms eligibility determinations;

3 (7) integrated criminal justice information sys4 tems to manage and communicate criminal justice in5 formation among law enforcement agencies, courts,

6 prosecutors, and corrections agencies;

7 (8) noncriminal history record information sys8 tems relevant to firearms eligibility determinations

9 for availability and accessibility to the national in10 stant criminal background check system established

11 under section 103(b) of the Brady Handgun Violence

12 Prevention Act (18 U.S.C. 922 note);

13 (9) court-based criminal justice information sys14 tems that promote—

15 (A) reporting of dispositions to central

16 State repositories and to the Federal Bureau of

17 Investigation; and

18 (B) compatibility with, and integration of,

19 court systems with other criminal justice infor20 mation systems;

21 (10) ballistics identification and information

22 programs that are compatible and integrated with the

23 National Integrated Ballistics Network (NIBN);

24 (11) the capabilities of forensic science programs

25 and medical examiner programs related to the admin-
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1 istration of criminal justice, including programs

2 leading to accreditation or certification of individuals

3 or departments, agencies, or laboratories, and pro4 grams relating to the identification and analysis of

5 deoxyribonucleic acid;

6 (12) sexual offender identification and registra7 tion systems;

8 (13) domestic violence offender identification and

9 information systems;

10 (14) programs for fingerprint-supported back11 ground checks capability for noncriminal justice pur12 poses, including youth service employees and volun13 teers and other individuals in positions of responsibil14 ity, if authorized by Federal or State law and admin15 istered by a government agency;

16 (15) criminal justice information systems with a

17 capacity to provide statistical and research products

18 including incident-based reporting systems that are

19 compatible with the National Incident-Based Report20 ing System (NIBRS) and uniform crime reports; and

21 (16) multiagency, multijurisdictional commu22 nications systems among the States to share routine

23 and emergency information among Federal, State,

24 and local law enforcement agencies.

25 (c) ASSURANCES.—
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1 (1) IN GENERAL.—To be eligible to receive a

2 grant under this section, a State shall provide assur3 ances to the Attorney General that the State has the

4 capability to contribute pertinent information to the

5 national instant criminal background check system

6 established under section 103(b) of the Brady Hand7 gun Violence Prevention Act (18 U.S.C. 922 note).

8 (2) INFORMATION SHARING.—Such assurances

9 shall include a provision that ensures that a statewide

10 strategy for information sharing systems is under11 way, or will be initiated, to improve the functioning

12 of the criminal justice system, with an emphasis on

13 integration of all criminal justice components, law

14 enforcement, courts, prosecution, corrections, and pro15 bation and parole. The strategy shall be prepared

16 after consultation with State and local officials with

17 emphasis on the recommendation of officials whose

18 duty it is to oversee, plan, and implement integrated

19 information technology systems, and shall contain—

20 (A) a definition and analysis of ‘‘integration’’ in

21 the State and localities developing integrated infor22 mation sharing systems;

23 (B) an assessment of the criminal justice re24 sources being devoted to information technology;
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1 (C) Federal, State, regional, and local informa2 tion technology coordination requirements;

3 (D) an assurance that the individuals who devel4 oped the grant application took into consideration the

5 needs of all branches of the State Government and

6 specifically sought the advice of the chief of the highest

7 court of the State with respect to the application;

8 (E) State and local resource needs;

9 (F) the establishment of statewide priorities for

10 planning and implementation of information tech11 nology systems; and

12 (G) a plan for coordinating the programs funded

13 under this title with other federally funded informa14 tion technology programs, including directly funded

15 local programs such the Local Law Enforcement

16 Block Grant program (described under the heading

17 ‘Violent Crime Reduction Programs, State and Local

18 Law Enforcement Assistance’ of the Departments of

19 Commerce, Justice, and State, the Judiciary, and Re20 lated Agencies Appropriations Act, 1998 (Public Law

21 105–119)) and the M.O.R.E. program established

22 pursuant to part Q of title I of the Omnibus Crime

23 Control and Safe Streets Act of 1968.

24 (d) MATCHING FUNDS.—The Federal share of a grant

25 received under this title may not exceed 90 percent of the
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1 costs of a program or proposal funded under this title unless

2 the Attorney General waives, wholly or in part, the require3 ments of this subsection.

4 (e) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There is authorized to be ap6 propriated to carry out this section $250,000,000 for

7 each of fiscal years 1999 through 2003.

8 (2) LIMITATIONS.—Of the amount made avail9 able to carry out this section in any fiscal year—

10 (A) not more than 3 percent may be used

11 by the Attorney General for salaries and admin12 istrative expenses;

13 (B) not more than 5 percent may be used

14 for technical assistance, training and evalua15 tions, and studies commissioned by Bureau of

16 Justice Statistics of the Department of Justice

17 (through discretionary grants or otherwise) in

18 furtherance of the purposes of this section;

19 (C) not less than 20 percent shall be used by

20 the Attorney General for the purposes described

21 in paragraph (11) of subsection (b); and

22 (D) the Attorney General shall ensure the

23 amounts are distributed on an equitable geo24 graphic basis.
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1 (f) GRANTS TO INDIAN TRIBES.—Notwithstanding any

2 other provision of this section, the Attorney General may

3 use amounts made available under this section to make

4 grants to Indian tribes for use in accordance with this sec5 tion.

6 TITLE II—NATIONAL CRIMINAL

7 HISTORY ACCESS AND CHILD

8 PROTECTION ACT

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘National Criminal His11 tory Access and Child Protection Act’’.

12 Subtitle A—Exchange of Criminal

13 History Records for Noncriminal

14 Justice Purposes

15 SEC. 211. SHORT TITLE.

16 This subtitle may be cited as the ‘‘National Crime Pre17 vention and Privacy Compact Act of 1998’’.

18 SEC. 212. FINDINGS.

19 Congress finds that—

20 (1) both the Federal Bureau of Investigation and

21 State criminal history record repositories maintain

22 fingerprint-based criminal history records;

23 (2) these criminal history records are shared and

24 exchanged for criminal justice purposes through a
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1 Federal-State program known as the Interstate Iden2 tification Index System;

3 (3) although these records are also exchanged for

4 legally authorized, noncriminal justice uses, such as

5 governmental licensing and employment background

6 checks, the purposes for and procedures by which they

7 are exchanged vary widely from State to State;

8 (4) an interstate and Federal-State compact is

9 necessary to facilitate authorized interstate criminal

10 history record exchanges for noncriminal justice pur11 poses on a uniform basis, while permitting each State

12 to effectuate its own dissemination policy within its

13 own borders; and

14 (5) such a compact will allow Federal and State

15 records to be provided expeditiously to governmental

16 and nongovernmental agencies that use such records

17 in accordance with pertinent Federal and State law,

18 while simultaneously enhancing the accuracy of the

19 records and safeguarding the information contained

20 therein from unauthorized disclosure or use.

21 SEC. 213. DEFINITIONS.

22 In this subtitle:

23 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

24 General’’ means the Attorney General of the United

25 States.
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1 (2) COMPACT.—The term ‘‘Compact’’ means the

2 National Crime Prevention and Privacy Compact set

3 forth in section 217.

4 (3) COUNCIL.—The term ‘‘Council’’ means the

5 Compact Council established under Article VI of the

6 Compact.

7 (4) FBI.—The term ‘‘FBI’’ means the Federal

8 Bureau of Investigation.

9 (5) PARTY STATE.—The term ‘‘Party State’’

10 means a State that has ratified the Compact.

11 (6) STATE.—The term ‘‘State’’ means any State,

12 territory, or possession of the United States, the Dis13 trict of Columbia, and the Commonwealth of Puerto

14 Rico.

15 SEC. 214. ENACTMENT AND CONSENT OF THE UNITED

16 STATES.

17 The National Crime Prevention and Privacy Compact,

18 as set forth in section 217, is enacted into law and entered

19 into by the Federal Government. The consent of Congress

20 is given to States to enter into the Compact.

21 SEC. 215. EFFECT ON OTHER LAWS.

22 (a) PRIVACY ACT OF 1974.—Nothing in the Compact

23 shall affect the obligations and responsibilities of the FBI

24 under section 552a of title 5, United States Code (commonly

25 known as the ‘‘Privacy Act of 1974’’).
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1 (b) ACCESS TO CERTAIN RECORDS NOT AFFECTED.—

2 Nothing in the Compact shall interfere in any manner

3 with—

4 (1) access, direct or otherwise, to records pursu5 ant to—

6 (A) section 9101 of title 5, United States

7 Code;

8 (B) the National Child Protection Act;

9 (C) the Brady Handgun Violence Preven10 tion Act (Public Law 103–159; 107 Stat. 1536);

11 (D) the Violent Crime Control and Law En12 forcement Act of 1994 (Public Law 103–322; 108

13 Stat. 2074) or any amendment made by that

14 Act;

15 (E) the United States Housing Act of 1937

16 (42 U.S.C. 1437 et seq.); or

17 (F) the Native American Housing Assist18 ance and Self-Determination Act of 1996 (25

19 U.S.C. 4101 et seq.); or

20 (2) any direct access to Federal criminal history

21 records authorized by law.

22 (c) AUTHORITY OF FBI UNDER DEPARTMENTS OF

23 STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND

24 RELATED AGENCIES APPROPRIATION ACT, 1973.—Nothing

25 in the Compact shall be construed to affect the authority
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1 of the FBI under the Departments of State, Justice, and

2 Commerce, the Judiciary, and Related Agencies Appropria3 tion Act, 1973 (Public Law 92–544 (86 Stat. 1115)).

4 (d) FEDERAL ADVISORY COMMITTEE ACT.—The Coun5 cil shall not be considered to be a Federal advisory commit6 tee for purposes of the Federal Advisory Committee Act (5

7 U.S.C. App.).

8 (e) MEMBERS OF COUNCIL NOT FEDERAL OFFICERS

9 OR EMPLOYEES.—Members of the Council (other than a

10 member from the FBI or any at-large member who may

11 be a Federal official or employee) shall not, by virtue of

12 such membership, be deemed—

13 (1) to be, for any purpose other than to effect the

14 Compact, officers or employees of the United States

15 (as defined in sections 2104 and 2105 of title 5,

16 United States Code); or

17 (2) to become entitled by reason of Council mem18 bership to any compensation or benefit payable or

19 made available by the Federal Government to its offi20 cers or employees.

21 SEC. 216. ENFORCEMENT AND IMPLEMENTATION.

22 All departments, agencies, officers, and employees of

23 the United States shall enforce the Compact and cooperate

24 with one another and with all Party States in enforcing

25 the Compact and effectuating its purposes. For the Federal
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1 Government, the Attorney General shall make such rules,

2 prescribe such instructions, and take such other actions as

3 may be necessary to carry out the Compact and this sub4 title.

5 SEC. 217. NATIONAL CRIME PREVENTION AND PRIVACY

6 COMPACT.

7 The Contracting Parties agree to the following:

8 OVERVIEW

9 (a) IN GENERAL.—This Compact organizes an elec10 tronic information sharing system among the Federal Gov11 ernment and the States to exchange criminal history records

12 for noncriminal justice purposes authorized by Federal or

13 State law, such as background checks for governmental li14 censing and employment.

15 (b) OBLIGATIONS OF PARTIES.—Under this Compact,

16 the FBI and the Party States agree to maintain detailed

17 databases of their respective criminal history records, in18 cluding arrests and dispositions, and to make them avail19 able to the Federal Government and to Party States for au20 thorized purposes. The FBI shall also manage the Federal

21 data facilities that provide a significant part of the infra22 structure for the system.

23 ARTICLE I—DEFINITIONS

24 In this Compact:
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1 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

2 General’’ means the Attorney General of the United

3 States;

4 (2) COMPACT OFFICER.—The term ‘‘Compact of5 ficer’’ means—

6 (A) with respect to the Federal Government,

7 an official so designated by the Director of the

8 FBI; and

9 (B) with respect to a Party State, the chief

10 administrator of the State’s criminal history

11 record repository or a designee of the chief ad12 ministrator who is a regular full-time employee

13 of the repository.

14 (3) COUNCIL.—The term ‘‘Council’’ means the

15 Compact Council established under Article VI.

16 (4) CRIMINAL HISTORY RECORDS.—The term

17 ‘‘criminal history records’’—

18 (A) means information collected by crimi19 nal justice agencies on individuals consisting of

20 identifiable descriptions and notations of arrests,

21 detentions, indictments, or other formal criminal

22 charges, and any disposition arising therefrom,

23 including acquittal, sentencing, correctional su24 pervision, or release; and
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1 (B) does not include identification informa2 tion such as fingerprint records if such informa3 tion does not indicate involvement of the individ4 ual with the criminal justice system.

5 (5) CRIMINAL HISTORY RECORD REPOSITORY.—

6 The term ‘‘criminal history record repository’’ means

7 the State agency designated by the Governor or other

8 appropriate executive official or the legislature of a

9 State to perform centralized recordkeeping functions

10 for criminal history records and services in the State.

11 (6) CRIMINAL JUSTICE.—The term ‘‘criminal

12 justice’’ includes activities relating to the detection,

13 apprehension, detention, pretrial release, post-trial re14 lease, prosecution, adjudication, correctional super15 vision, or rehabilitation of accused persons or crimi16 nal offenders. The administration of criminal justice

17 includes criminal identification activities and the col18 lection, storage, and dissemination of criminal his19 tory records.

20 (7) CRIMINAL JUSTICE AGENCY.—The term

21 ‘‘criminal justice agency’’—

22 (A) means—

23 (i) courts; and

24 (ii) a governmental agency or any

25 subunit thereof that—
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1 (I) performs the administration of

2 criminal justice pursuant to a statute

3 or Executive order; and

4 (II) allocates a substantial part of

5 its annual budget to the administra6 tion of criminal justice; and

7 (B) includes Federal and State inspectors

8 general offices.

9 (8) CRIMINAL JUSTICE SERVICES.—The term

10 ‘‘criminal justice services’’ means services provided by

11 the FBI to criminal justice agencies in response to a

12 request for information about a particular individual

13 or as an update to information previously provided

14 for criminal justice purposes.

15 (9) CRITERION OFFENSE.—The term ‘‘criterion

16 offense’’ means any felony or misdemeanor offense not

17 included on the list of nonserious offenses published

18 periodically by the FBI.

19 (10) DIRECT ACCESS.—The term ‘‘direct access’’

20 means access to the National Identification Index by

21 computer terminal or other automated means not re22 quiring the assistance of or intervention by any other

23 party or agency.

24 (11) EXECUTIVE ORDER.—The term ‘‘Executive

25 order’’ means an order of the President of the United
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1 States or the chief executive officer of a State that has

2 the force of law and that is promulgated in accord3 ance with applicable law.

4 (12) FBI.—The term ‘‘FBI’’ means the Federal

5 Bureau of Investigation.

6 (13) INTERSTATE IDENTIFICATION SYSTEM.—The

7 term ‘‘Interstate Identification Index System’’ or ‘‘III

8 System’’—

9 (A) means the cooperative Federal-State

10 system for the exchange of criminal history

11 records; and

12 (B) includes the National Identification

13 Index, the National Fingerprint File and, to the

14 extent of their participation in such system, the

15 criminal history record repositories of the States

16 and the FBI.

17 (14) NATIONAL FINGERPRINT FILE.—The term

18 ‘‘National Fingerprint File’’ means a database of fin19 gerprints, or other uniquely personal identifying in20 formation, relating to an arrested or charged individ21 ual maintained by the FBI to provide positive identi22 fication of record subjects indexed in the III System.

23 (15) NATIONAL IDENTIFICATION INDEX.—The

24 term ‘‘National Identification Index’’ means an index

25 maintained by the FBI consisting of names, identify-
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1 ing numbers, and other descriptive information relat2 ing to record subjects about whom there are criminal

3 history records in the III System.

4 (16) NATIONAL INDICES.—The term ‘‘National

5 indices’’ means the National Identification Index and

6 the National Fingerprint File.

7 (17) NONPARTY STATE.—The term ‘‘Nonparty

8 State’’ means a State that has not ratified this Com9 pact.

10 (18) NONCRIMINAL JUSTICE PURPOSES.—The

11 term ‘‘noncriminal justice purposes’’ means uses of

12 criminal history records for purposes authorized by

13 Federal or State law other than purposes relating to

14 criminal justice activities, including employment

15 suitability, licensing determinations, immigration

16 and naturalization matters, and national security

17 clearances.

18 (19) PARTY STATE.—The term ‘‘Party State’’

19 means a State that has ratified this Compact.

20 (20) POSITIVE IDENTIFICATION.—The term

21 ‘‘positive identification’’ means a determination,

22 based upon a comparison of fingerprints or other

23 equally reliable biometric identification techniques,

24 that the subject of a record search is the same person

25 as the subject of a criminal history record or records
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1 indexed in the III System. Identifications based solely

2 upon a comparison of subjects’ names or other non3 unique identification characteristics or numbers, or

4 combinations thereof, shall not constitute positive

5 identification.

6 (21) SEALED RECORD INFORMATION.—The term

7 ‘‘sealed record information’’ means—

8 (A) with respect to adults, that portion of a

9 record that is—

10 (i) not available for criminal justice

11 uses;

12 (ii) not supported by fingerprints or

13 other accepted means of positive identifica14 tion; or

15 (iii) subject to restrictions on dissemi16 nation for noncriminal justice purposes

17 pursuant to a court order related to a par18 ticular subject or pursuant to a Federal or

19 State statute that requires action on a seal20 ing petition filed by a particular record

21 subject; and

22 (B) with respect to juveniles, whatever each

23 State determines is a sealed record under its own

24 law and procedure.
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1 (22) STATE.—The term ‘‘State’’ means any

2 State, territory, or possession of the United States, the

3 District of Columbia, and the Commonwealth of Puer4 to Rico.

5 ARTICLE II—PURPOSES

6 The purposes of this Compact are to—

7 (1) provide a legal framework for the establish8 ment of a cooperative Federal-State system for the

9 interstate and Federal-State exchange of criminal his10 tory records for noncriminal justice uses;

11 (2) require the FBI to permit use of the National

12 Identification Index and the National Fingerprint

13 File by each Party State, and to provide, in a timely

14 fashion, Federal and State criminal history records to

15 requesting States, in accordance with the terms of this

16 Compact and with rules, procedures, and standards

17 established by the Council under Article VI;

18 (3) require Party States to provide information

19 and records for the National Identification Index and

20 the National Fingerprint File and to provide crimi21 nal history records, in a timely fashion, to criminal

22 history record repositories of other States and the

23 Federal Government for noncriminal justice purposes,

24 in accordance with the terms of this Compact and
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1 with rules, procedures, and standards established by

2 the Council under Article VI;

3 (4) provide for the establishment of a Council to

4 monitor III System operations and to prescribe sys5 tem rules and procedures for the effective and proper

6 operation of the III System for noncriminal justice

7 purposes; and

8 (5) require the FBI and each Party State to ad9 here to III System standards concerning record dis10 semination and use, response times, system security,

11 data quality, and other duly established standards,

12 including those that enhance the accuracy and pri13 vacy of such records.

14 ARTICLE III—RESPONSIBILITIES OF COMPACT

15 PARTIES

16 (a) FBI RESPONSIBILITIES.—The Director of the FBI

17 shall—

18 (1) appoint an FBI Compact officer who shall—

19 (A) administer this Compact within the De20 partment of Justice and among Federal agencies

21 and other agencies and organizations that sub22 mit search requests to the FBI pursuant to Arti23 cle V(c);

24 (B) ensure that Compact provisions and

25 rules, procedures, and standards prescribed by
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1 the Council under Article VI are complied with

2 by the Department of Justice and the Federal

3 agencies and other agencies and organizations

4 referred to in Article III(1)(A); and

5 (C) regulate the use of records received by

6 means of the III System from Party States when

7 such records are supplied by the FBI directly to

8 other Federal agencies;

9 (2) provide to Federal agencies and to State

10 criminal history record repositories, criminal history

11 records maintained in its database for the noncrimi12 nal justice purposes described in Article IV, includ13 ing—

14 (A) information from Nonparty States; and

15 (B) information from Party States that is

16 available from the FBI through the III System,

17 but is not available from the Party State through

18 the III System;

19 (3) provide a telecommunications network and

20 maintain centralized facilities for the exchange of

21 criminal history records for both criminal justice pur22 poses and the noncriminal justice purposes described

23 in Article IV, and ensure that the exchange of such

24 records for criminal justice purposes has priority over

25 exchange for noncriminal justice purposes; and
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1 (4) modify or enter into user agreements with

2 Nonparty State criminal history record repositories to

3 require them to establish record request procedures

4 conforming to those prescribed in Article V.

5 (b) STATE RESPONSIBILITIES.—Each Party State

6 shall—

7 (1) appoint a Compact officer who shall—

8 (A) administer this Compact within that

9 State;

10 (B) ensure that Compact provisions and

11 rules, procedures, and standards established by

12 the Council under Article VI are complied with

13 in the State; and

14 (C) regulate the in-State use of records re15 ceived by means of the III System from the FBI

16 or from other Party States;

17 (2) establish and maintain a criminal history

18 record repository, which shall provide—

19 (A) information and records for the Na20 tional Identification Index and the National

21 Fingerprint File; and

22 (B) the State’s III System-indexed criminal

23 history records for noncriminal justice purposes

24 described in Article IV;
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1 (3) participate in the National Fingerprint File;

2 and

3 (4) provide and maintain telecommunications

4 links and related equipment necessary to support the

5 services set forth in this Compact.

6 (c) COMPLIANCE WITH III SYSTEM STANDARDS.—In

7 carrying out their responsibilities under this Compact, the

8 FBI and each Party State shall comply with III System

9 rules, procedures, and standards duly established by the

10 Council concerning record dissemination and use, response

11 times, data quality, system security, accuracy, privacy pro12 tection, and other aspects of III System operation.

13 (d) MAINTENANCE OF RECORD SERVICES.—

14 (1) Use of the III System for noncriminal justice

15 purposes authorized in this Compact shall be man16 aged so as not to diminish the level of services pro17 vided in support of criminal justice purposes.

18 (2) Administration of Compact provisions shall

19 not reduce the level of service available to authorized

20 noncriminal justice users on the effective date of this

21 Compact.

22 ARTICLE IV—AUTHORIZED RECORD

23 DISCLOSURES

24 (a) STATE CRIMINAL HISTORY RECORD REPOSI25 TORIES.—To the extent authorized by section 552a of title
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1 5, United States Code (commonly known as the ‘‘Privacy

2 Act of 1974’’), the FBI shall provide on request criminal

3 history records (excluding sealed records) to State criminal

4 history record repositories for noncriminal justice purposes

5 allowed by Federal statute, Federal Executive order, or a

6 State statute that has been approved by the Attorney Gen7 eral and that authorizes national indices checks.

8 (b) CRIMINAL JUSTICE AGENCIES AND OTHER GOV9 ERNMENTAL OR NONGOVERNMENTAL AGENCIES.—The FBI,

10 to the extent authorized by section 552a of title 5, United

11 States Code (commonly known as the ‘‘Privacy Act of

12 1974’’), and State criminal history record repositories shall

13 provide criminal history records (excluding sealed records)

14 to criminal justice agencies and other governmental or non15 governmental agencies for noncriminal justice purposes al16 lowed by Federal statute, Federal Executive order, or a

17 State statute that has been approved by the Attorney Gen18 eral, that authorizes national indices checks.

19 (c) PROCEDURES.—Any record obtained under this

20 Compact may be used only for the official purposes for

21 which the record was requested. Each Compact officer shall

22 establish procedures, consistent with this Compact, and

23 with rules, procedures, and standards established by the

24 Council under Article VI, which procedures shall protect the

25 accuracy and privacy of the records, and shall—
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1 (1) ensure that records obtained under this Com2 pact are used only by authorized officials for author3 ized purposes;

4 (2) require that subsequent record checks are re5 quested to obtain current information whenever a new

6 need arises; and

7 (3) ensure that record entries that may not le8 gally be used for a particular noncriminal justice

9 purpose are deleted from the response and, if no infor10 mation authorized for release remains, an appro11 priate ‘‘no record’’ response is communicated to the

12 requesting official.

13 ARTICLE V—RECORD REQUEST PROCEDURES

14 (a) POSITIVE IDENTIFICATION.—Subject fingerprints

15 or other approved forms of positive identification shall be

16 submitted with all requests for criminal history record

17 checks for noncriminal justice purposes.

18 (b) SUBMISSION OF STATE REQUESTS.—Each request

19 for a criminal history record check utilizing the national

20 indices made under any approved State statute shall be sub21 mitted through that State’s criminal history record reposi22 tory. A State criminal history record repository shall proc23 ess an interstate request for noncriminal justice purposes

24 through the national indices only if such request is trans-
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1 mitted through another State criminal history record repos2 itory or the FBI.

3 (c) SUBMISSION OF FEDERAL REQUESTS.—Each re4 quest for criminal history record checks utilizing the na5 tional indices made under Federal authority shall be sub6 mitted through the FBI or, if the State criminal history

7 record repository consents to process fingerprint submis8 sions, through the criminal history record repository in the

9 State in which such request originated. Direct access to the

10 National Identification Index by entities other than the

11 FBI and State criminal history records repositories shall

12 not be permitted for noncriminal justice purposes.

13 (d) FEES.—A State criminal history record repository

14 or the FBI—

15 (1) may charge a fee, in accordance with appli16 cable law, for handling a request involving finger17 print processing for noncriminal justice purposes;

18 and

19 (2) may not charge a fee for providing criminal

20 history records in response to an electronic request for

21 a record that does not involve a request to process fin22 gerprints.

23 (e) ADDITIONAL SEARCH.—

24 (1) If a State criminal history record repository

25 cannot positively identify the subject of a record re-
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1 quest made for noncriminal justice purposes, the re2 quest, together with fingerprints or other approved

3 identifying information, shall be forwarded to the

4 FBI for a search of the national indices.

5 (2) If, with respect to an request forwarded by

6 a State criminal history record repository under

7 paragraph (1), the FBI positively identifies the sub8 ject as having a III System-indexed record or

9 records—

10 (A) the FBI shall so advise the State crimi11 nal history record repository; and

12 (B) the State criminal history record repos13 itory shall be entitled to obtain the additional

14 criminal history record information from the

15 FBI or other State criminal history record re16 positories.

17 ARTICLE VI—ESTABLISHMENT OF COMPACT

18 COUNCIL

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—There is established a council

21 to be known as the ‘‘Compact Council’’, which shall

22 have the authority to promulgate rules and procedures

23 governing the use of the III System for noncriminal

24 justice purposes, not to conflict with FBI administra25 tion of the III System for criminal justice purposes.
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1 (2) ORGANIZATION.—The Council shall—

2 (A) continue in existence as long as this

3 Compact remains in effect;

4 (B) be located, for administrative purposes,

5 within the FBI; and

6 (C) be organized and hold its first meeting

7 as soon as practicable after the effective date of

8 this Compact.

9 (b) MEMBERSHIP.—The Council shall be composed of

10 15 members, each of whom shall be appointed by the Attor11 ney General, as follows:

12 (1) Nine members, each of whom shall serve a 2-

13 year term, who shall be selected from among the Com14 pact officers of Party States based on the rec15 ommendation of the Compact officers of all Party

16 States, except that, in the absence of the requisite

17 number of Compact officers available to serve, the

18 chief administrators of the criminal history record re19 positories of Nonparty States shall be eligible to serve

20 on an interim basis.

21 (2) Two at-large members, nominated by the Di22 rector of the FBI, each of whom shall serve a 3-year

23 term, of whom—
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1 (A) 1 shall be a representative of the crimi2 nal justice agencies of the Federal Government

3 and may not be an employee of the FBI; and

4 (B) 1 shall be a representative of the non5 criminal justice agencies of the Federal Govern6 ment.

7 (3) Two at-large members, nominated by the

8 Chairman of the Council, once the Chairman is elect9 ed pursuant to Article VI(c), each of whom shall serve

10 a 3-year term, of whom—

11 (A) 1 shall be a representative of State or

12 local criminal justice agencies; and

13 (B) 1 shall be a representative of State or

14 local noncriminal justice agencies.

15 (4) One member, who shall serve a 3-year term,

16 and who shall simultaneously be a member of the

17 FBI’s advisory policy board on criminal justice infor18 mation services, nominated by the membership of that

19 policy board.

20 (5) One member, nominated by the Director of

21 the FBI, who shall serve a 3-year term, and who shall

22 be an employee of the FBI.

23 (c) CHAIRMAN AND VICE CHAIRMAN.—

24 (1) IN GENERAL.—From its membership, the

25 Council shall elect a Chairman and a Vice Chairman
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1 of the Council, respectively. Both the Chairman and

2 Vice Chairman of the Council—

3 (A) shall be a Compact officer, unless there

4 is no Compact officer on the Council who is will5 ing to serve, in which case the Chairman may be

6 an at-large member; and

7 (B) shall serve a 2-year term and may be

8 reelected to only 1 additional 2-year term.

9 (2) DUTIES OF VICE CHAIRMAN.—The Vice

10 Chairman of the Council shall serve as the Chairman

11 of the Council in the absence of the Chairman.

12 (d) MEETINGS.—

13 (1) IN GENERAL.—The Council shall meet a least

14 once each year at the call of the Chairman. Each

15 meeting of the Council shall be open to the public. The

16 Council shall provide prior public notice in the Fed17 eral Register of each meeting of the Council, including

18 the matters to be addressed at such meeting.

19 (2) QUORUM.—A majority of the Council or any

20 committee of the Council shall constitute a quorum of

21 the Council or of such committee, respectively, for the

22 conduct of business. A lesser number may meet to hold

23 hearings, take testimony, or conduct any business not

24 requiring a vote.
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1 (e) RULES, PROCEDURES, AND STANDARDS.—The

2 Council shall make available for public inspection and

3 copying at the Council office within the FBI, and shall pub4 lish in the Federal Register, any rules, procedures, or stand5 ards established by the Council.

6 (f) ASSISTANCE FROM FBI.—The Council may request

7 from the FBI such reports, studies, statistics, or other infor8 mation or materials as the Council determines to be nec9 essary to enable the Council to perform its duties under this

10 Compact. The FBI, to the extent authorized by law, may

11 provide such assistance or information upon such a request.

12 (g) COMMITTEES.—The Chairman may establish com13 mittees as necessary to carry out this Compact and may

14 prescribe their membership, responsibilities, and duration.

15 ARTICLE VII—RATIFICATION OF COMPACT

16 This Compact shall take effect upon being entered into

17 by 2 or more States as between those States and the Federal

18 Government. Upon subsequent entering into this Compact

19 by additional States, it shall become effective among those

20 States and the Federal Government and each Party State

21 that has previously ratified it. When ratified, this Compact

22 shall have the full force and effect of law within the ratify23 ing jurisdictions. The form of ratification shall be in ac24 cordance with the laws of the executing State.
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1 ARTICLE VIII—MISCELLANEOUS PROVISIONS

2 (a) RELATION OF COMPACT TO CERTAIN FBI ACTIVI3 TIES.—Administration of this Compact shall not interfere

4 with the management and control of the Director of the FBI

5 over the FBI’s collection and dissemination of criminal his6 tory records and the advisory function of the FBI’s advisory

7 policy board chartered under the Federal Advisory Commit8 tee Act (5 U.S.C. App.) for all purposes other than non9 criminal justice.

10 (b) NO AUTHORITY FOR NONAPPROPRIATED EXPENDI11 TURES.—Nothing in this Compact shall require the FBI to

12 obligate or expend funds beyond those appropriated to the

13 FBI.

14 (c) RELATING TO PUBLIC LAW 92–544.—Nothing in

15 this Compact shall diminish or lessen the obligations, re16 sponsibilities, and authorities of any State, whether a Party

17 State or a Nonparty State, or of any criminal history

18 record repository or other subdivision or component thereof,

19 under the Departments of State, Justice, and Commerce,

20 the Judiciary, and Related Agencies Appropriation Act,

21 1973 (Public Law 92–544), or regulations and guidelines

22 promulgated thereunder, including the rules and procedures

23 promulgated by the Council under Article VI(a), regarding

24 the use and dissemination of criminal history records and

25 information.
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1 ARTICLE IX—RENUNCIATION

2 (a) IN GENERAL.—This Compact shall bind each

3 Party State until renounced by the Party State.

4 (b) EFFECT.—Any renunciation of this Compact by

5 a Party State shall—

6 (1) be effected in the same manner by which the

7 Party State ratified this Compact; and

8 (2) become effective 180 days after written notice

9 of renunciation is provided by the Party State to each

10 other Party State and to the Federal Government.

11 ARTICLE X—SEVERABILITY

12 The provisions of this Compact shall be severable, and

13 if any phrase, clause, sentence, or provision of this Compact

14 is declared to be contrary to the constitution of any partici15 pating State, or to the Constitution of the United States,

16 or the applicability thereof to any government, agency, per17 son, or circumstance is held invalid, the validity of the re18 mainder of this Compact and the applicability thereof to

19 any government, agency, person, or circumstance shall not

20 be affected thereby. If a portion of this Compact is held con21 trary to the constitution of any Party State, all other por22 tions of this Compact shall remain in full force and effect

23 as to the remaining Party States and in full force and effect

24 as to the Party State affected, as to all other provisions.
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1 ARTICLE XI—ADJUDICATION OF DISPUTES

2 (a) IN GENERAL.—The Council shall—

3 (1) have initial authority to make determina4 tions with respect to any dispute regarding—

5 (A) interpretation of this Compact;

6 (B) any rule or standard established by the

7 Council pursuant to Article V; and

8 (C) any dispute or controversy between any

9 parties to this Compact; and

10 (2) hold a hearing concerning any dispute de11 scribed in paragraph (1) at a regularly scheduled

12 meeting of the Council and only render a decision

13 based upon a majority vote of the members of the

14 Council. Such decision shall be published pursuant to

15 the requirements of Article VI(e).

16 (b) DUTIES OF FBI.—The FBI shall exercise imme17 diate and necessary action to preserve the integrity of the

18 III System, maintain system policy and standards, protect

19 the accuracy and privacy of records, and to prevent abuses,

20 until the Council holds a hearing on such matters.

21 (c) RIGHT OF APPEAL.—The FBI or a Party State

22 may appeal any decision of the Council to the Attorney

23 General, and thereafter may file suit in the appropriate dis24 trict court of the United States, which shall have original

25 jurisdiction of all cases or controversies arising under this
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1 Compact. Any suit arising under this Compact and initi2 ated in a State court shall be removed to the appropriate

3 district court of the United States in the manner provided

4 by section 1446 of title 28, United States Code, or other

5 statutory authority.

6 Subtitle B—Volunteers for Children

7 Act

8 SEC. 221. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Volunteers for Chil10 dren Act’’.

11 SEC. 222. FACILITATION OF FINGERPRINT CHECKS.

12 (a) STATE AGENCY.—Section 3(a) of the National

13 Child Protection Act of 1993 (42 U.S.C. 5119a(a)) is

14 amended by adding at the end the following:

15 ‘‘(3) In the absence of State procedures referred to in

16 paragraph (1), a qualified entity designated under para17 graph (1) may contact an authorized agency of the State

18 to request national criminal fingerprint background checks.

19 Qualified entities requesting background checks under this

20 paragraph shall comply with the guidelines set forth in sub21 section (b) and with procedures for requesting national

22 criminal fingerprint background checks, if any, established

23 by the State.’’.

24 (b) FEDERAL LAW.—Section 3(b)(5) of the National

25 Child Protection Act of 1993 (42 U.S.C. 5119a(b)(5)) is
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1 amended by inserting before the period at the end the follow2 ing: ‘‘, except that this paragraph does not apply to any

3 request by a qualified entity for a national criminal finger4 print background check pursuant to subsection (a)(3)’’.

5 (c) AUTHORIZATION.—Section 4(b)(2) of the National

6 Child Protection Act of 1993 (42 U.S.C. 5119b(b)(2)) is

7 amended by striking ‘‘1994, 1995, 1996, and 1997’’ and in8 serting ‘‘1999, 2000, 2001, and 2002’’.

Attest:

Clerk.