S. 2022

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To provide for the improvement of interstate criminal justice identification, information, communications, and forensics.

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.
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TITLE I—CRIME IDENTIFICATION

TECHNOLOGY ACT OF 1998

SEC. 101. SHORT TITLE.

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

Act of 1998’’.

SEC. 102. STATE 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
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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 incidentbased 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
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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.
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TITLE II—NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘National Criminal History Access

and Child Protection Act’’.

Subtitle A—Exchange of Criminal History

Records for Noncriminal Justice Purposes

SEC. 211. SHORT TITLE.

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

and Privacy Compact Act of 1998’’.

SEC. 212. 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. 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.
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(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. 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. 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 SelfDetermination 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 APPRO- PRIATION 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 EMPLOY- EES.—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. 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
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other actions as may be necessary to carry out the Compact and

this subtitle.

SEC. 217. 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
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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.
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(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,
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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—
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(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
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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 Systemindexed 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
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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.—
S. 2022—14

(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, 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 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.
S. 2022—15

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) 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.
S. 2022—16

Subtitle B—Volunteers for Children Act

SEC. 221. 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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.