I

105TH CONGRESS

2D SESSION S. 2022

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1998

Referred to the Committee on the Judiciary

AN ACT

To provide for the improvement of interstate criminal justice

identification, information, communications, and forensics.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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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.

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.
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1 TITLE I—CRIME IDENTIFICA2 TION TECHNOLOGY ACT OF

3 1998

4 SEC. 101. SHORT TITLE.

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

6 Technology Act of 1998’’.

7 SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE

8 IDENTIFICATION, INFORMATION, AND COM9 MUNICATION.

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

11 amounts provided in advance in appropriations Acts, the

12 Attorney General, through the Bureau of Justice Statis13 tics of the Department of Justice, shall make a grant to

14 each State, which shall be used by the State, in conjunc15 tion with units of local government, State and local courts,

16 other States, or combinations thereof, to establish or up17 grade an integrated approach to develop information and

18 identification technologies and systems to—

19 (1) upgrade criminal history and criminal jus20 tice record systems, including systems operated by

21 law enforcement agencies and courts;

22 (2) improve criminal justice identification;

23 (3) promote compatibility and integration of na24 tional, State, and local systems for—

25 (A) criminal justice purposes;
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1 (B) firearms eligibility determinations;

2 (C) identification of sexual offenders;

3 (D) identification of domestic violence of4 fenders; and

5 (E) background checks for other author6 ized purposes unrelated to criminal justice; and

7 (4) capture information for statistical and re8 search purposes to improve the administration of

9 criminal justice.

10 (b) USE OF GRANT AMOUNTS.—Grants under this

11 section may be used for programs to establish, develop,

12 update, or upgrade—

13 (1) State centralized, automated, adult and ju14 venile criminal history record information systems,

15 including arrest and disposition reporting;

16 (2) automated fingerprint identification systems

17 that are compatible with standards established by

18 the National Institute of Standards and Technology

19 and interoperable with the Integrated Automated

20 Fingerprint Identification System (IAFIS) of the

21 Federal Bureau of Investigation;

22 (3) finger imaging, live scan, and other auto23 mated systems to digitize fingerprints and to com24 municate prints in a manner that is compatible with

25 standards established by the National Institute of
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1 Standards and Technology and interoperable with

2 systems operated by States and by the Federal Bu3 reau of Investigation;

4 (4) programs and systems to facilitate full par5 ticipation in the Interstate Identification Index of

6 the National Crime Information Center;

7 (5) systems to facilitate full participation in any

8 compact relating to the Interstate Identification

9 Index of the National Crime Information Center;

10 (6) systems to facilitate full participation in the

11 national instant criminal background check system

12 established under section 103(b) of the Brady Hand13 gun Violence Prevention Act (18 U.S.C. 922 note)

14 for firearms eligibility determinations;

15 (7) integrated criminal justice information sys16 tems to manage and communicate criminal justice

17 information among law enforcement agencies, courts,

18 prosecutors, and corrections agencies;

19 (8) noncriminal history record information sys20 tems relevant to firearms eligibility determinations

21 for availability and accessibility to the national in22 stant criminal background check system established

23 under section 103(b) of the Brady Handgun Vio24 lence Prevention Act (18 U.S.C. 922 note);
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1 (9) court-based criminal justice information sys2 tems that promote—

3 (A) reporting of dispositions to central

4 State repositories and to the Federal Bureau of

5 Investigation; and

6 (B) compatibility with, and integration of,

7 court systems with other criminal justice infor8 mation systems;

9 (10) ballistics identification and information

10 programs that are compatible and integrated with

11 the National Integrated Ballistics Network (NIBN);

12 (11) DNA programs for forensic and identifica13 tion purposes, and identification and information

14 programs to improve forensic analysis and to assist

15 in accrediting crime laboratories;

16 (12) sexual offender identification and registra17 tion systems;

18 (13) domestic violence offender identification

19 and information systems;

20 (14) programs for fingerprint-supported back21 ground checks capability for noncriminal justice pur22 poses, including youth service employees and volun23 teers and other individuals in positions of respon24 sibility, if authorized by Federal or State law and

25 administered by a government agency;
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1 (15) criminal justice information systems with a

2 capacity to provide statistical and research products

3 including incident-based reporting systems that are

4 compatible with the National Incident-Based Report5 ing System (NIBRS) and uniform crime reports;

6 and

7 (16) multiagency, multijurisdictional commu8 nications systems among the States to share routine

9 and emergency information among Federal, State,

10 and local law enforcement agencies.

11 (c) ASSURANCES.—To be eligible to receive a grant

12 under this section, a State shall provide assurances to the

13 Attorney General that the State has the capability to con14 tribute pertinent information to the national instant crimi15 nal background check system established under section

16 103(b) of the Brady Handgun Violence Prevention Act

17 (18 U.S.C. 922 note).

18 (d) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) IN GENERAL.—There is authorized to be

20 appropriated to carry out this section $250,000,000

21 for each of fiscal years 1999 through 2003.

22 (2) LIMITATIONS.—Of the amount made avail23 able to carry out this section in any fiscal year—
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1 (A) not more than 3 percent may be used

2 by the Attorney General for salaries and admin3 istrative expenses;

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

5 for technical assistance, training and evalua6 tions, and studies commissioned by Bureau of

7 Justice Statistics of the Department of Justice

8 (through discretionary grants or otherwise) in

9 furtherance of the purposes of this section; and

10 (C) the Attorney General shall ensure the

11 amounts are distributed on an equitable geo12 graphic basis.

13 (e) GRANTS TO INDIAN TRIBES.—Notwithstanding

14 any other provision of this section, the Attorney General

15 may use amounts made available under this section to

16 make grants to Indian tribes for use in accordance with

17 this section.

18 TITLE II—NATIONAL CRIMINAL

19 HISTORY ACCESS AND CHILD

20 PROTECTION ACT

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘National Criminal

23 History Access and Child Protection Act’’.
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1 Subtitle A—Exchange of Criminal

2 History Records for Noncrimi3 nal Justice Purposes

4 SEC. 211. SHORT TITLE.

5 This subtitle may be cited as the ‘‘National Crime

6 Prevention and Privacy Compact Act of 1998’’.

7 SEC. 212. FINDINGS.

8 Congress finds that—

9 (1) both the Federal Bureau of Investigation

10 and State criminal history record repositories main11 tain fingerprint-based criminal history records;

12 (2) these criminal history records are shared

13 and exchanged for criminal justice purposes through

14 a Federal-State program known as the Interstate

15 Identification Index System;

16 (3) although these records are also exchanged

17 for legally authorized, noncriminal justice uses, such

18 as governmental licensing and employment back19 ground checks, the purposes for and procedures by

20 which they are exchanged vary widely from State to

21 State;

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

23 necessary to facilitate authorized interstate criminal

24 history record exchanges for noncriminal justice pur25 poses on a uniform basis, while permitting each
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1 State to effectuate its own dissemination policy with2 in its own borders; and

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

4 records to be provided expeditiously to governmental

5 and nongovernmental agencies that use such records

6 in accordance with pertinent Federal and State law,

7 while simultaneously enhancing the accuracy of the

8 records and safeguarding the information contained

9 therein from unauthorized disclosure or use.

10 SEC. 213. DEFINITIONS.

11 In this subtitle:

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

13 General’’ means the Attorney General of the United

14 States.

15 (2) COMPACT.—The term ‘‘Compact’’ means

16 the National Crime Prevention and Privacy Compact

17 set forth in section 217.

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

19 Compact Council established under Article VI of the

20 Compact.

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

22 Bureau of Investigation.

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

24 means a State that has ratified the Compact.
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1 (6) STATE.—The term ‘‘State’’ means any

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

3 the District of Columbia, and the Commonwealth of

4 Puerto Rico.

5 SEC. 214. ENACTMENT AND CONSENT OF THE UNITED

6 STATES.

7 The National Crime Prevention and Privacy Com8 pact, as set forth in section 217, is enacted into law and

9 entered into by the Federal Government. The consent of

10 Congress is given to States to enter into the Compact.

11 SEC. 215. EFFECT ON OTHER LAWS.

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

13 shall affect the obligations and responsibilities of the FBI

14 under section 552a of title 5, United States Code (com15 monly known as the ‘‘Privacy Act of 1974’’).

16 (b) ACCESS TO CERTAIN RECORDS NOT AF17 FECTED.—Nothing in the Compact shall interfere in any

18 manner with—

19 (1) access, direct or otherwise, to records pur20 suant to—

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

22 Code;

23 (B) the National Child Protection Act;
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1 (C) the Brady Handgun Violence Preven2 tion Act (Public Law 103–159; 107 Stat.

3 1536);

4 (D) the Violent Crime Control and Law

5 Enforcement Act of 1994 (Public Law 103–

6 322; 108 Stat. 2074) or any amendment made

7 by that Act;

8 (E) the United States Housing Act of

9 1937 (42 U.S.C. 1437 et seq.); or

10 (F) the Native American Housing Assist11 ance and Self-Determination Act of 1996 (25

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

13 (2) any direct access to Federal criminal history

14 records authorized by law.

15 (c) AUTHORITY OF FBI UNDER DEPARTMENTS OF

16 STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND

17 RELATED AGENCIES APPROPRIATION ACT, 1973.—Noth18 ing in the Compact shall be construed to affect the author19 ity of the FBI under the Departments of State, Justice,

20 and Commerce, the Judiciary, and Related Agencies Ap21 propriation Act, 1973 (Public Law 92–544 (86 Stat.

22 1115)).

23 (d) FEDERAL ADVISORY COMMITTEE ACT.—The

24 Council shall not be considered to be a Federal advisory
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1 committee for purposes of the Federal Advisory Commit2 tee Act (5 U.S.C. App.).

3 (e) MEMBERS OF COUNCIL NOT FEDERAL OFFICERS

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

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

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

7 such membership, be deemed—

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

9 the Compact, officers or employees of the United

10 States (as defined in sections 2104 and 2105 of title

11 5, United States Code); or

12 (2) to become entitled by reason of Council

13 membership to any compensation or benefit payable

14 or made available by the Federal Government to its

15 officers or employees.

16 SEC. 216. ENFORCEMENT AND IMPLEMENTATION.

17 All departments, agencies, officers, and employees of

18 the United States shall enforce the Compact and cooperate

19 with one another and with all Party States in enforcing

20 the Compact and effectuating its purposes. For the Fed21 eral Government, the Attorney General shall make such

22 rules, prescribe such instructions, and take such other ac23 tions as may be necessary to carry out the Compact and

24 this subtitle.
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1 SEC. 217. NATIONAL CRIME PREVENTION AND PRIVACY

2 COMPACT.

3 The Contracting Parties agree to the following:

4 OVERVIEW

5 (a) IN GENERAL.—This Compact organizes an elec6 tronic information sharing system among the Federal Gov7 ernment and the States to exchange criminal history

8 records for noncriminal justice purposes authorized by

9 Federal or State law, such as background checks for gov10 ernmental licensing and employment.

11 (b) OBLIGATIONS OF PARTIES.—Under this Com12 pact, the FBI and the Party States agree to maintain de13 tailed databases of their respective criminal history

14 records, including arrests and dispositions, and to make

15 them available to the Federal Government and to Party

16 States for authorized purposes. The FBI shall also man17 age the Federal data facilities that provide a significant

18 part of the infrastructure for the system.

19 ARTICLE I—DEFINITIONS

20 In this Compact:

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

22 General’’ means the Attorney General of the United

23 States;

24 (2) COMPACT OFFICER.—The term ‘‘Compact

25 officer’’ means—
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1 (A) with respect to the Federal Govern2 ment, an official so designated by the Director

3 of the FBI; and

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

5 administrator of the State’s criminal history

6 record repository or a designee of the chief ad7 ministrator who is a regular full-time employee

8 of the repository.

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

10 Compact Council established under Article VI.

11 (4) CRIMINAL HISTORY RECORDS.—The term

12 ‘‘criminal history records’’—

13 (A) means information collected by crimi14 nal justice agencies on individuals consisting of

15 identifiable descriptions and notations of ar16 rests, detentions, indictments, or other formal

17 criminal charges, and any disposition arising

18 therefrom, including acquittal, sentencing, cor19 rectional supervision, or release; and

20 (B) does not include identification informa21 tion such as fingerprint records if such informa22 tion does not indicate involvement of the indi23 vidual with the criminal justice system.

24 (5) CRIMINAL HISTORY RECORD REPOSITORY.—

25 The term ‘‘criminal history record repository’’ means
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1 the State agency designated by the Governor or

2 other appropriate executive official or the legislature

3 of a State to perform centralized recordkeeping

4 functions for criminal history records and services in

5 the State.

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

7 justice’’ includes activities relating to the detection,

8 apprehension, detention, pretrial release, post-trial

9 release, prosecution, adjudication, correctional super10 vision, or rehabilitation of accused persons or crimi11 nal offenders. The administration of criminal justice

12 includes criminal identification activities and the col13 lection, storage, and dissemination of criminal his14 tory records.

15 (7) CRIMINAL JUSTICE AGENCY.—The term

16 ‘‘criminal justice agency’’—

17 (A) means—

18 (i) courts; and

19 (ii) a governmental agency or any

20 subunit thereof that—

21 (I) performs the administration

22 of criminal justice pursuant to a stat23 ute or Executive order; and
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1 (II) allocates a substantial part

2 of its annual budget to the adminis3 tration of criminal justice; and

4 (B) includes Federal and State inspectors

5 general offices.

6 (8) CRIMINAL JUSTICE SERVICES.—The term

7 ‘‘criminal justice services’’ means services provided

8 by the FBI to criminal justice agencies in response

9 to a request for information about a particular indi10 vidual or as an update to information previously pro11 vided for criminal justice purposes.

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

13 offense’’ means any felony or misdemeanor offense

14 not included on the list of nonserious offenses pub15 lished periodically by the FBI.

16 (10) DIRECT ACCESS.—The term ‘‘direct ac17 cess’’ means access to the National Identification

18 Index by computer terminal or other automated

19 means not requiring the assistance of or intervention

20 by any other party or agency.

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

22 order’’ means an order of the President of the

23 United States or the chief executive officer of a

24 State that has the force of law and that is promul25 gated in accordance with applicable law.
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1 (12) FBI.—The term ‘‘FBI’’ means the Fed2 eral Bureau of Investigation.

3 (13) INTERSTATE IDENTIFICATION SYSTEM.—

4 The term ‘‘Interstate Identification Index System’’

5 or ‘‘III System’’—

6 (A) means the cooperative Federal-State

7 system for the exchange of criminal history

8 records; and

9 (B) includes the National Identification

10 Index, the National Fingerprint File and, to the

11 extent of their participation in such system, the

12 criminal history record repositories of the

13 States and the FBI.

14 (14) NATIONAL FINGERPRINT FILE.—The term

15 ‘‘National Fingerprint File’’ means a database of

16 fingerprints, or other uniquely personal identifying

17 information, relating to an arrested or charged indi18 vidual maintained by the FBI to provide positive

19 identification of record subjects indexed in the III

20 System.

21 (15) NATIONAL IDENTIFICATION INDEX.—The

22 term ‘‘National Identification Index’’ means an

23 index maintained by the FBI consisting of names,

24 identifying numbers, and other descriptive informa-
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1 tion relating to record subjects about whom there

2 are criminal history records in the III System.

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

4 indices’’ means the National Identification Index

5 and the National Fingerprint File.

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

7 State’’ means a State that has not ratified this Com8 pact.

9 (18) NONCRIMINAL JUSTICE PURPOSES.—The

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

11 criminal history records for purposes authorized by

12 Federal or State law other than purposes relating to

13 criminal justice activities, including employment

14 suitability, licensing determinations, immigration

15 and naturalization matters, and national security

16 clearances.

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

18 means a State that has ratified this Compact.

19 (20) POSITIVE IDENTIFICATION.—The term

20 ‘‘positive identification’’ means a determination,

21 based upon a comparison of fingerprints or other

22 equally reliable biometric identification techniques,

23 that the subject of a record search is the same per24 son as the subject of a criminal history record or

25 records indexed in the III System. Identifications
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1 based solely upon a comparison of subjects’ names

2 or other nonunique identification characteristics or

3 numbers, or combinations thereof, shall not con4 stitute positive identification.

5 (21) SEALED RECORD INFORMATION.—The

6 term ‘‘sealed record information’’ means—

7 (A) with respect to adults, that portion of

8 a record that is—

9 (i) not available for criminal justice

10 uses;

11 (ii) not supported by fingerprints or

12 other accepted means of positive identifica13 tion; or

14 (iii) subject to restrictions on dissemi15 nation for noncriminal justice purposes

16 pursuant to a court order related to a par17 ticular subject or pursuant to a Federal or

18 State statute that requires action on a

19 sealing petition filed by a particular record

20 subject; and

21 (B) with respect to juveniles, whatever

22 each State determines is a sealed record under

23 its own law and procedure.

24 (22) STATE.—The term ‘‘State’’ means any

25 State, territory, or possession of the United States,
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1 the District of Columbia, and the Commonwealth of

2 Puerto Rico.

3 ARTICLE II—PURPOSES

4 The purposes of this Compact are to—

5 (1) provide a legal framework for the establish6 ment of a cooperative Federal-State system for the

7 interstate and Federal-State exchange of criminal

8 history records for noncriminal justice uses;

9 (2) require the FBI to permit use of the Na10 tional Identification Index and the National Finger11 print File by each Party State, and to provide, in a

12 timely fashion, Federal and State criminal history

13 records to requesting States, in accordance with the

14 terms of this Compact and with rules, procedures,

15 and standards established by the Council under Arti16 cle VI;

17 (3) require Party States to provide information

18 and records for the National Identification Index

19 and the National Fingerprint File and to provide

20 criminal history records, in a timely fashion, to

21 criminal history record repositories of other States

22 and the Federal Government for noncriminal justice

23 purposes, in accordance with the terms of this Com24 pact and with rules, procedures, and standards es25 tablished by the Council under Article VI;
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1 (4) provide for the establishment of a Council

2 to monitor III System operations and to prescribe

3 system rules and procedures for the effective and

4 proper operation of the III System for noncriminal

5 justice purposes; and

6 (5) require the FBI and each Party State to

7 adhere to III System standards concerning record

8 dissemination and use, response times, system secu9 rity, data quality, and other duly established stand10 ards, including those that enhance the accuracy and

11 privacy of such records.

12 ARTICLE III—RESPONSIBILITIES OF COMPACT

13 PARTIES

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

15 FBI shall—

16 (1) appoint an FBI Compact officer who

17 shall—

18 (A) administer this Compact within the

19 Department of Justice and among Federal

20 agencies and other agencies and organizations

21 that submit search requests to the FBI pursu22 ant to Article V(c);

23 (B) ensure that Compact provisions and

24 rules, procedures, and standards prescribed by

25 the Council under Article VI are complied with
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1 by the Department of Justice and the Federal

2 agencies and other agencies and organizations

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

4 (C) regulate the use of records received by

5 means of the III System from Party States

6 when such records are supplied by the FBI di7 rectly to other Federal agencies;

8 (2) provide to Federal agencies and to State

9 criminal history record repositories, criminal history

10 records maintained in its database for the noncrimi11 nal justice purposes described in Article IV, includ12 ing—

13 (A) information from Nonparty States;

14 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

18 through 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

22 purposes and the noncriminal justice purposes de23 scribed in Article IV, and ensure that the exchange

24 of such records for criminal justice purposes has pri-
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1 ority over exchange for noncriminal justice purposes;

2 and

3 (4) modify or enter into user agreements with

4 Nonparty State criminal history record repositories

5 to require them to establish record request proce6 dures conforming to those prescribed in Article V.

7 (b) STATE RESPONSIBILITIES.—Each Party State

8 shall—

9 (1) appoint a Compact officer who shall—

10 (A) administer this Compact within that

11 State;

12 (B) ensure that Compact provisions and

13 rules, procedures, and standards established by

14 the Council under Article VI are complied with

15 in the State; and

16 (C) regulate the in-State use of records re17 ceived by means of the III System from the

18 FBI or from other Party States;

19 (2) establish and maintain a criminal history

20 record repository, which shall provide—

21 (A) information and records for the Na22 tional Identification Index and the National

23 Fingerprint File; and
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1 (B) the State’s III System-indexed crimi2 nal history records for noncriminal justice pur3 poses described in Article IV;

4 (3) participate in the National Fingerprint File;

5 and

6 (4) provide and maintain telecommunications

7 links and related equipment necessary to support the

8 services set forth in this Compact.

9 (c) COMPLIANCE WITH III SYSTEM STANDARDS.—

10 In carrying out their responsibilities under this Compact,

11 the FBI and each Party State shall comply with III Sys12 tem rules, procedures, and standards duly established by

13 the Council concerning record dissemination and use, re14 sponse times, data quality, system security, accuracy, pri15 vacy protection, and other aspects of III System operation.

16 (d) MAINTENANCE OF RECORD SERVICES.—

17 (1) Use of the III System for noncriminal jus18 tice purposes authorized in this Compact shall be

19 managed so as not to diminish the level of services

20 provided in support of criminal justice purposes.

21 (2) Administration of Compact provisions shall

22 not reduce the level of service available to authorized

23 noncriminal justice users on the effective date of this

24 Compact.
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1 ARTICLE IV—AUTHORIZED RECORD

2 DISCLOSURES

3 (a) STATE CRIMINAL HISTORY RECORD REPOSI4 TORIES.—To the extent authorized by section 552a of title

5 5, United States Code (commonly known as the ‘‘Privacy

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

7 history records (excluding sealed records) to State crimi8 nal history record repositories for noncriminal justice pur9 poses allowed by Federal statute, Federal Executive order,

10 or a State statute that has been approved by the Attorney

11 General and that authorizes national indices checks.

12 (b) CRIMINAL JUSTICE AGENCIES AND OTHER GOV13 ERNMENTAL OR NONGOVERNMENTAL AGENCIES.—The

14 FBI, to the extent authorized by section 552a of title 5,

15 United States Code (commonly known as the ‘‘Privacy Act

16 of 1974’’), and State criminal history record repositories

17 shall provide criminal history records (excluding sealed

18 records) to criminal justice agencies and other govern19 mental or nongovernmental agencies for noncriminal jus20 tice purposes allowed by Federal statute, Federal Execu21 tive order, or a State statute that has been approved by

22 the Attorney General, that authorizes national indices

23 checks.

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

25 Compact may be used only for the official purposes for
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1 which the record was requested. Each Compact officer

2 shall establish procedures, consistent with this Compact,

3 and with rules, procedures, and standards established by

4 the Council under Article VI, which procedures shall pro5 tect the accuracy and privacy of the records, and shall—

6 (1) ensure that records obtained under this

7 Compact are used only by authorized officials for au8 thorized purposes;

9 (2) require that subsequent record checks are

10 requested to obtain current information whenever a

11 new need arises; and

12 (3) ensure that record entries that may not le13 gally be used for a particular noncriminal justice

14 purpose are deleted from the response and, if no in15 formation authorized for release remains, an appro16 priate ‘‘no record’’ response is communicated to the

17 requesting official.

18 ARTICLE V—RECORD REQUEST PROCEDURES

19 (a) POSITIVE IDENTIFICATION.—Subject fingerprints

20 or other approved forms of positive identification shall be

21 submitted with all requests for criminal history record

22 checks for noncriminal justice purposes.

23 (b) SUBMISSION OF STATE REQUESTS.—Each re24 quest for a criminal history record check utilizing the na25 tional indices made under any approved State statute shall
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1 be submitted through that State’s criminal history record

2 repository. A State criminal history record repository shall

3 process an interstate request for noncriminal justice pur4 poses through the national indices only if such request is

5 transmitted through another State criminal history record

6 repository or the FBI.

7 (c) SUBMISSION OF FEDERAL REQUESTS.—Each re8 quest for criminal history record checks utilizing the na9 tional indices made under Federal authority shall be sub10 mitted through the FBI or, if the State criminal history

11 record repository consents to process fingerprint submis12 sions, through the criminal history record repository in the

13 State in which such request originated. Direct access to

14 the National Identification Index by entities other than

15 the FBI and State criminal history records repositories

16 shall not be permitted for noncriminal justice purposes.

17 (d) FEES.—A State criminal history record reposi18 tory or the FBI—

19 (1) may charge a fee, in accordance with appli20 cable law, for handling a request involving finger21 print processing for noncriminal justice purposes;

22 and

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

24 history records in response to an electronic request
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1 for a record that does not involve a request to proc2 ess fingerprints.

3 (e) ADDITIONAL SEARCH.—

4 (1) If a State criminal history record repository

5 cannot positively identify the subject of a record re6 quest made for noncriminal justice purposes, the re7 quest, together with fingerprints or other approved

8 identifying information, shall be forwarded to the

9 FBI for a search of the national indices.

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

11 a State criminal history record repository under

12 paragraph (1), the FBI positively identifies the sub13 ject as having a III System-indexed record or

14 records—

15 (A) the FBI shall so advise the State

16 criminal history record repository; and

17 (B) the State criminal history record re18 pository shall be entitled to obtain the addi19 tional criminal history record information from

20 the FBI or other State criminal history record

21 repositories.

22 ARTICLE VI—ESTABLISHMENT OF COMPACT

23 COUNCIL

24 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—There is established a coun2 cil to be known as the ‘‘Compact Council’’, which

3 shall have the authority to promulgate rules and

4 procedures governing the use of the III System for

5 noncriminal justice purposes, not to conflict with

6 FBI administration of the III System for criminal

7 justice purposes.

8 (2) ORGANIZATION.—The Council shall—

9 (A) continue in existence as long as this

10 Compact remains in effect;

11 (B) be located, for administrative pur12 poses, within the FBI; and

13 (C) be organized and hold its first meeting

14 as soon as practicable after the effective date of

15 this Compact.

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

17 15 members, each of whom shall be appointed by the At18 torney General, as follows:

19 (1) Nine members, each of whom shall serve a

20 2-year term, who shall be selected from among the

21 Compact officers of Party States based on the rec22 ommendation of the Compact officers of all Party

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

24 number of Compact officers available to serve, the

25 chief administrators of the criminal history record
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1 repositories of Nonparty States shall be eligible to

2 serve on an interim basis.

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

4 Director of the FBI, each of whom shall serve a 3-

5 year term, of whom—

6 (A) 1 shall be a representative of the

7 criminal justice agencies of the Federal Govern8 ment and may not be an employee of the FBI;

9 and

10 (B) 1 shall be a representative of the non11 criminal justice agencies of the Federal Govern12 ment.

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

14 Chairman of the Council, once the Chairman is

15 elected pursuant to Article VI(c), each of whom shall

16 serve a 3-year term, of whom—

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

18 local criminal justice agencies; and

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

20 local noncriminal justice agencies.

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

22 and who shall simultaneously be a member of the

23 FBI’s advisory policy board on criminal justice in24 formation services, nominated by the membership of

25 that policy board.
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1 (5) One member, nominated by the Director of

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

3 shall be an employee of the FBI.

4 (c) CHAIRMAN AND VICE CHAIRMAN.—

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

6 Council shall elect a Chairman and a Vice Chairman

7 of the Council, respectively. Both the Chairman and

8 Vice Chairman of the Council—

9 (A) shall be a Compact officer, unless

10 there is no Compact officer on the Council who

11 is willing to serve, in which case the Chairman

12 may be an at-large member; and

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

14 reelected to only 1 additional 2-year term.

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

16 Chairman of the Council shall serve as the Chair17 man of the Council in the absence of the Chairman.

18 (d) MEETINGS.—

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

20 least once each year at the call of the Chairman.

21 Each meeting of the Council shall be open to the

22 public. The Council shall provide prior public notice

23 in the Federal Register of each meeting of the Coun24 cil, including the matters to be addressed at such

25 meeting.
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1 (2) QUORUM.—A majority of the Council or any

2 committee of the Council shall constitute a quorum

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

4 the conduct of business. A lesser number may meet

5 to hold hearings, take testimony, or conduct any

6 business not requiring a vote.

7 (e) RULES, PROCEDURES, AND STANDARDS.—The

8 Council shall make available for public inspection and

9 copying at the Council office within the FBI, and shall

10 publish in the Federal Register, any rules, procedures, or

11 standards established by the Council.

12 (f) ASSISTANCE FROM FBI.—The Council may re13 quest from the FBI such reports, studies, statistics, or

14 other information or materials as the Council determines

15 to be necessary to enable the Council to perform its duties

16 under this Compact. The FBI, to the extent authorized

17 by law, may provide such assistance or information upon

18 such a request.

19 (g) COMMITTEES.—The Chairman may establish

20 committees as necessary to carry out this Compact and

21 may prescribe their membership, responsibilities, and du22 ration.

23 ARTICLE VII—RATIFICATION OF COMPACT

24 This Compact shall take effect upon being entered

25 into by 2 or more States as between those States and the
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1 Federal Government. Upon subsequent entering into this

2 Compact by additional States, it shall become effective

3 among those States and the Federal Government and each

4 Party State that has previously ratified it. When ratified,

5 this Compact shall have the full force and effect of law

6 within the ratifying jurisdictions. The form of ratification

7 shall be in accordance with the laws of the executing State.

8 ARTICLE VIII—MISCELLANEOUS PROVISIONS

9 (a) RELATION OF COMPACT TO CERTAIN FBI AC10 TIVITIES.—Administration of this Compact shall not inter11 fere with the management and control of the Director of

12 the FBI over the FBI’s collection and dissemination of

13 criminal history records and the advisory function of the

14 FBI’s advisory policy board chartered under the Federal

15 Advisory Committee Act (5 U.S.C. App.) for all purposes

16 other than noncriminal justice.

17 (b) NO AUTHORITY FOR NONAPPROPRIATED EX18 PENDITURES.—Nothing in this Compact shall require the

19 FBI to obligate or expend funds beyond those appro20 priated to the FBI.

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

22 this Compact shall diminish or lessen the obligations, re23 sponsibilities, and authorities of any State, whether a

24 Party State or a Nonparty State, or of any criminal his25 tory record repository or other subdivision or component
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1 thereof, under the Departments of State, Justice, and

2 Commerce, the Judiciary, and Related Agencies Appro3 priation Act, 1973 (Public Law 92–544), or regulations

4 and guidelines promulgated thereunder, including the

5 rules and procedures promulgated by the Council under

6 Article VI(a), regarding the use and dissemination of

7 criminal history records and information.

8 ARTICLE IX—RENUNCIATION

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

10 Party State until renounced by the Party State.

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

12 a Party State shall—

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

14 the Party State ratified this Compact; and

15 (2) become effective 180 days after written no16 tice of renunciation is provided by the Party State

17 to each other Party State and to the Federal Gov18 ernment.

19 ARTICLE X—SEVERABILITY

20 The provisions of this Compact shall be severable,

21 and if any phrase, clause, sentence, or provision of this

22 Compact is declared to be contrary to the constitution of

23 any participating State, or to the Constitution of the

24 United States, or the applicability thereof to any govern25 ment, agency, person, or circumstance is held invalid, the
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1 validity of the remainder of this Compact and the applica2 bility thereof to any government, agency, person, or cir3 cumstance shall not be affected thereby. If a portion of

4 this Compact is held contrary to the constitution of any

5 Party State, all other portions of this Compact shall re6 main in full force and effect as to the remaining Party

7 States and in full force and effect as to the Party State

8 affected, as to all other provisions.

9 ARTICLE XI—ADJUDICATION OF DISPUTES

10 (a) IN GENERAL.—The Council shall—

11 (1) have initial authority to make determina12 tions with respect to any dispute regarding—

13 (A) interpretation of this Compact;

14 (B) any rule or standard established by the

15 Council pursuant to Article V; and

16 (C) any dispute or controversy between

17 any parties to this Compact; and

18 (2) hold a hearing concerning any dispute de19 scribed in paragraph (1) at a regularly scheduled

20 meeting of the Council and only render a decision

21 based upon a majority vote of the members of the

22 Council. Such decision shall be published pursuant

23 to the requirements of Article VI(e).

24 (b) DUTIES OF FBI.—The FBI shall exercise imme25 diate and necessary action to preserve the integrity of the
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1 III System, maintain system policy and standards, protect

2 the accuracy and privacy of records, and to prevent

3 abuses, until the Council holds a hearing on such matters.

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

5 may appeal any decision of the Council to the Attorney

6 General, and thereafter may file suit in the appropriate

7 district court of the United States, which shall have origi8 nal jurisdiction of all cases or controversies arising under

9 this Compact. Any suit arising under this Compact and

10 initiated in a State court shall be removed to the appro11 priate district court of the United States in the manner

12 provided by section 1446 of title 28, United States Code,

13 or other statutory authority.

14 Subtitle B—Volunteers for

15 Children Act

16 SEC. 221. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Volunteers for

18 Children Act’’.

19 SEC. 222. FACILITATION OF FINGERPRINT CHECKS.

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

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

22 amended by adding at the end the following:

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

24 in paragraph (1), a qualified entity designated under para25 graph (1) may contact an authorized agency of the State
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1 to request national criminal fingerprint background

2 checks. Qualified entities requesting background checks

3 under this paragraph shall comply with the guidelines set

4 forth in subsection (b) and with procedures for requesting

5 national criminal fingerprint background checks, if any,

6 established by the State.’’.

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

8 Child Protection Act of 1993 (42 U.S.C. 5119a(b)(5)) is

9 amended by inserting before the period at the end the fol10 lowing: ‘‘, except that this paragraph does not apply to

11 any request by a qualified entity for a national criminal

12 fingerprint background check pursuant to subsection

13 (a)(3)’’.

14 (c) AUTHORIZATION.—Section 4(b)(2) of the Na15 tional Child Protection Act of 1993 (42 U.S.C.

16 5119b(b)(2)) is amended by striking ‘‘1994, 1995, 1996,

17 and 1997’’ and inserting ‘‘1999, 2000, 2001, and 2002’’.

Passed the Senate July 13, 1998.

Attest: GARY SISCO,

Secretary.