Crime Identification Technology Act of 1998
PL 105-251 (S.2022), enacted 10/09/1998

112 STAT. 1870 
PUBLIC LAW 105-251—OCT. 9, 1998 
Public Law 105-251 
105th Congress 
An Act 
Oct. 9, 1998 
To provide for the improvement of interstate criminal justice identification, informa-
[S. 2022] 
^''^'^> 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 i998 
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 
Subtitie B—Volunteers for Children Act 
Sec. 221. Short titie. 
Sec. 222. Facilitation of fingerprint checks. 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1871 
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 IDENTI-
FICATION, INFORMATION, AND COMMUNICATION. 
(a) IN GENERAL.—Subject to the availability of amounts pro-
vided in advance in appropriations Acts, the OfRce of Justice Pro-
grams 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 govern-
ment, State and local courts, other States, or combinations thereof, 
to establish or upgrade an integrated approach to develop informa-
tion and identification technologies and systems to— 
(1) upgrade criminal history and criminal justice record 
systems, including systems operated by law enforcement agen-
cies 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 pur-
poses 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 crimi-
nal 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 
(lAFIS) 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 fiill 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 
Crime 
Identification 
Technology Act 
of 1998. 
Records. 
42 use 14601 
note. 
42 use 14601. 
112 STAT. 1872 
PUBLIC LAW 105-251—OCT. 9, 1998 
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 man-
age and communicate criminal justice information among law 
enforcement agencies, courts, prosecutors, and corrections agen-
cies; 
(8) noncriminal history record information systems relevant 
to firearms eligibility determinations for availability and acces-
sibility to the national instant criminal background check sys-
tem 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 reposi-
tories and to the Federal Bureau of Investigation; and 
(B) compatibility with, and integration of, court sys-
tems 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 medi-
cal examiner programs related to the administration of criminal 
justice, including programs leading to accreditation or certifi-
cation 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 informa-
tion systems; 
(14) programs for fingerprint-supported background checks 
capability for noncriminal justice purposes, including youth 
service employees and volunteers and other individuals in posi-
tions of responsibility, if authorized by Federal or State law 
and administered by a government agency; 
(15) criminal justice information systems with a capacity 
to provide statistical and research products including incident-
based reporting systems that are compatible with the National 
Incident-Based Reporting System (NIBRS) and uniform crime 
reports; and 
(16) multiagency, multijurisdictional communications sys-
tems among the States to share routine and emergency informa-
tion 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 informa-
tion 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 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1873 
with State and local officials with emphasis on the recommenda-
tion 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 shar-
ing systems; 
(B) an assessment of the criminal justice resources 
being devoted to information technology; 
(C) Federal, State, regional, and local information tech-
nology 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 plan-
ning and implementation of information technology sys-
tems; and 
(G) a plan for coordinating the programs funded under 
this title with other federally funded information tech-
nology 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 estab-
lished 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 Attor-
ney General for salaries and administrative expenses; 
(B) not more than 5 percent may be used for technical 
assistance, training and evaluations, and studies commis-
sioned 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. 
112 STAT. 1874 
PUBLIC LAW 105-251—OCT. 9, 1998 
National 
Criminal History 
Access and Child 
Protection Act. 
Records. 
TITLE 
II~NATIONAL CRIMINAL HIS-
TORY ACCESS AND CHILD PROTEC-
TION ACT 
42 u s e 14601 
note. 
National Crime 
Prevention and 
Privacy Compact 
Act of 1998. 
Records. 
42 u s e 14601 
note. 
42 u s e 14611. 
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 
'National Crime Prevention 
42 u s e 14612. 
SEC. 211. SHORT TITLE. 
This subtitle may be cited as the 
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 nongovern-
mental agencies that use such records in accordance with perti-
nent 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. 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1875 
(6) STATE.—The term "State" means any State, territory, 
or possession of the United States, the District of Columbia, 
and the Commonwealth of Puerto Rico. 
SEC. 214. ENACTMENT AND CONSENT OF THE UNITED STATES. 
42 USC 14613. 
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. 
42 USC 14614. 
(a) PRIVACY ACT OF 1974.—^Nothing in the Compact shall affect 
the obligations and responsibilities of the FBI under section 552a 
of title 5, United States Code (commonly known as the "Privacy 
Act of 1974"). 
(b) ACCESS TO CERTAIN RECORDS NOT AFFECTED.—Nothing in 
the Compact shall interfere in any manner with— 
(1) access, direct or otherwise, to records pursuant to— 
(A) section 9101 of title 5, United States Code; 
(B) the National Child Protection Act; 
(C) the Brady Handgun Violence Prevention Act (Public 
Law 103-159; 107 Stat. 1536); 
(D) the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322; 108 Stat. 2074) or any 
amendment made by that Act; 
(E) the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.); or 
(F) the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); or 
(2) any direct access to Federal criminal history records 
authorized by law. 
(c) AUTHORITY OF FBI UNDER DEPARTMENTS OF STATE, JUSTICE, 
AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES 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 Appro-
priation 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. 
42 USC 14615. 
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 Grovernment, the Attorney General 
shall make such rules, prescribe such instructions, and take such 
112 STAT. 1876 
PUBLIC LAW 105-251—OCT. 9, 1998 
other actions as may be necessary to carry out the Compact and 
this subtitle. 
42 use 14616. 
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 back-
ground 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 disposi-
tions, 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 Greneral 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 adminis-
trator 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 his-
tory records"— 
(A) means information collected by criminal justice 
agencies on individuals consisting of identifiable descrip-
tions 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 offi-
cial or the legislature of a State to perform centralized record-
keeping 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 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1877 
or criminal offenders. The administration of criminal justice 
includes criminal identification activities and the collection, 
storage, and dissemination of criminal history records. 
(7) CRIMINAL JUSTICE AGENCY.—The term "criminal justice 
agency"— 
(A) means— 
(i) courts; and 
(ii) a governmental agency or any subunit thereof 
that— 
(I) performs the administration of criminal jus-
tice 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 termi-
nal 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 "Inter-
state 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 partici-
pation in such system, the criminal history record reposi-
tories 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 Sys-
tem. 
(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. 
112 STAT. 1878 
PUBLIC LAW 105-251—OCT. 9, 1998 
(17) NONPARTY STATE.—The term "Nonparty State" means 
a State that has not ratified this Compact. 
(18) NONCRIMINAL JUSTICE PURPOSES.—The term "non-
criminal 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 identi-
fication" 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 identifica-
tion 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 peti-
tion 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 proce-
dure. 
(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 Fed-
eral-State exchange of criminal history records for noncriminal 
justice uses; 
(2) require the FBI to permit use of the National Identifica-
tion 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 Finger-
print 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, 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1879 
procedures, and standards established by the Council under 
Article VI; 
(4) provide for the establishment of a Council to monitor 
III System operations and to prescribe system rules and proce-
dures 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 ciuality, 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 vathin 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, proce-
dures, and standards prescribed by the Council under Arti-
cle VI are complied with by the Department of Justice 
and the Federal agencies and other agencies and organiza-
tions 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 purpioses described in Arti-
cle IV, including— 
(A) information from Nonparty States; and 
(B) information from Party Stjites 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 FV, 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 coniforming to those pre-
scribed 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)l ensure that Compact provisions and rules, proce-
dures, and standards established by the Council under 
Article VI are complied with in the Stjite; 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 reposi-
tory, which shall provide— 
112 STAT. 1880 
PUBLIC LAW 105-251—OCT. 9, 1998 
(A) information and records for the National Identifica-
tion 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 author-
ized 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, consist-
ent 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 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1881 
from the response and, if no information authorized for release 
remains, an appropriate "no record" response is communicated 
to the requesting official. 
ARTICLE V—RECORD REQUEST PROCEDURES 
(a) POSITIVE IDENTIFICATION.—Subject fingerprints or other 
approved forms of positive identification shall be submitted with 
all requests for criminal history record checks for noncriminal jus-
tice purposes. 
(b) SUBMISSION OF STATE REQUESTS.—Each request for a crimi-
nal 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 reposi-
tory or the FBI. 
(c) SUBMISSION OF FEDERAL REQUESTS.—Each request for crimi-
nal 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 finger-
print 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 per-
mitted for noncriminal justice purposes. 
(d) FEES.—A State criminal history record repository or the 
F B I -
CD may charge a fee, in accordance with applicable law, 
for handling a request involving fingerprint processing for non-
criminal 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 finger-
prints or other approved identifying information, shall be for-
warded to the FBI for a search of the national indices. 
(2) If, with respect to a request forwarded by a State 
criminal history record repository under paragraph (1), the 
FBI positively identifies the subject as having a III System-
indexed record or records— 
(A) the FBI shall so advise the State criminal history 
record repository; and 
(B) the State criminal history record repository shall 
be entitled to obtain the additional criminal history record 
information from the FBI or other State criminal history 
record repositories. 
ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—^There is established a council to be known 
as the "Compact Council", which shall have the authority to 
promulgate rules and procedures governing the use of the III 
112 STAT. 1882 
PUBLIC LAW 105-251—OCT. 9, 1998 
System for noncriminal justice purposes, not to conflict with 
FBI administration of the III System for criminal justice pur-
poses. 
(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 mem-
bers, 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 reposi-
tories 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 jus-
tice 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 non-
criminal 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, respec-
tively. Both the Chairman and Vice Chairman of the Council^ 
(A) shall be a Compact officer, unless there is no Com-
pact 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.— 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1883 
(1) IN GENERAL.—^The Council shall meet at least once 
each year at the call of the Chairman. Each meeting of the 
Council shall be open to the public. The Council shall provide 
prior public notice in the Federal Register of each meeting 
of the Council, including the matters to be addressed at such 
meeting. 
(2) QUORUM.—^A majority of the Council or any committee 
of the Council shall constitute a quorum of the Council or 
of such committee, respectively, for the conduct of business. 
A lesser number may meet to hold hearings, take testimony, 
or conduct any business not requiring a vote. 
(e) RULES, 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 mate-
rials 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 mem-
bership, responsibilities, and duration. 
ARTICLE VII—RATIFICATION OF COMPACT 
This Compact shall take effect upon basing entered into by 
2 or more States as between those States and the Federal Govern-
ment. 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 manage-
ment 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 subdivi-
sion 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. 
Public 
information. 
Federal Register, 
publication. 
Effective date. 
112 STAT. 1884 
PUBLIC LAW 105-251—OCT. 9, 1998 
Effective date. 
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 renun-
ciation 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 );^ith 
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, main-
tain 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. 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1885 
Subtitle B—^Volunteers for Children Act 
Volunteers for 
Children Act. 
SEC. 221. SHORT TITLE. 
42 USC 5101 
This subtitle may be cited as the "Volunteers for Children 
Act". 
SEC. 222. FACILITATION OF FINGERPRINT CHEC KS. 
(a) STATE AGENCY.—Section 3(a) of the National Child Protec-
tion 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 back-
ground checks under this paragraph shall comply with the guide-
lines 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 Protec-
tion 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 strik-
ing "1994, 1995, 1996, and 1997" and inserting "1999, 2000, 2001, 
and 2002". 
Approved October 9, 1998. 
LEGISLATIVE HISTORY—S. 2022: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 13, considered and passed Senate. 
Oct. 7, considered and passed House, amended. 
Oct. 8, Senate concurred in House amendment. 
112 STAT. 1884 
PUBLIC LAW 105-251—OCT. 9, 1998 
Effective date. 
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 renun-
ciation 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 );^ith 
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, main-
tain 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. 
PUBLIC LAW 105-251—OCT. 9, 1998 
112 STAT. 1885 
Subtitle B—^Volunteers for Children Act 
Volunteers for 
Children Act. 
SEC. 221. SHORT TITLE. 
42 USC 5101 
This subtitle may be cited as the "Volunteers for Children 
Act". 
SEC. 222. FACILITATION OF FINGERPRINT CHEC KS. 
(a) STATE AGENCY.—Section 3(a) of the National Child Protec-
tion 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 back-
ground checks under this paragraph shall comply with the guide-
lines 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 Protec-
tion 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 strik-
ing "1994, 1995, 1996, and 1997" and inserting "1999, 2000, 2001, 
and 2002". 
Approved October 9, 1998. 
LEGISLATIVE HISTORY—S. 2022: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 13, considered and passed Senate. 
Oct. 7, considered and passed House, amended. 
Oct. 8, Senate concurred in House amendment.