Text: S.2022 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-251 (10/09/1998)

 
[105th Congress Public Law 251]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ251.105]


[[Page 1869]]

                INTERSTATE CRIMINAL JUSTICE IMPROVEMENTS

[[Page 112 STAT. 1870]]

Public Law 105-251
105th Congress

                                 An Act


 
     To provide for the improvement of interstate criminal justice 
identification, information, communications, and forensics. <<NOTE: Oct. 
                         9, 1998 -  [S. 2022]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

          TITLE I--CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

Sec. 101. Short title.
Sec. 102. State grant program for criminal justice identification, 
           information, and communication.

   TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

Sec. 201. Short title.

Subtitle A--Exchange of Criminal History Records for Noncriminal Justice 
                                Purposes

Sec. 211. Short title.
Sec. 212. Findings.
Sec. 213. Definitions.
Sec. 214. Enactment and consent of the United States.
Sec. 215. Effect on other laws.
Sec. 216. Enforcement and implementation.
Sec. 217. National Crime Prevention and Privacy Compact.

                                Overview

                         ARTICLE I--DEFINITIONS

                          ARTICLE II--PURPOSES

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

                ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

                  ARTICLE V--RECORD REQUEST PROCEDURES

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

                  ARTICLE VII--RATIFICATION OF COMPACT

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

                        ARTICLE IX--RENUNCIATION

                         ARTICLE X--SEVERABILITY

                  ARTICLE XI--ADJUDICATION OF DISPUTES

                 Subtitle B--Volunteers for Children Act

Sec. 221. Short title.
Sec. 222. Facilitation of fingerprint checks.

[[Page 112 STAT. 1871]]

     TITLE I--CRIME <<NOTE: Crime Identification Technology Act of 
1998.>> IDENTIFICATION TECHNOLOGY ACT OF 1998

SEC. 101. SHORT TITLE. <<NOTE: Records.>> 

     <<NOTE: 42 USC 14601 note.>> This title may be cited as the ``Crime 
Identification Technology Act of 1998''.
SEC. 102. STATE <<NOTE: 42 USC 14601.>> GRANT PROGRAM FOR CRIMINAL 
                        JUSTICE IDENTIFICATION, INFORMATION, AND 
                        COMMUNICATION.

    (a) In General.--Subject to the availability of amounts provided in 
advance in appropriations Acts, the Office of Justice Programs relying 
principally on the expertise of the Bureau of Justice Statistics shall 
make a grant to each State, in a manner consistent with the national 
criminal history improvement program, which shall be used by the State, 
in conjunction with units of local government, State and local courts, 
other States, or combinations thereof, to establish or upgrade an 
integrated approach to develop information and identification 
technologies and systems to--
            (1) upgrade criminal history and criminal justice record 
        systems, including systems operated by law enforcement agencies 
        and courts;
            (2) improve criminal justice identification;
            (3) promote compatibility and integration of national, 
        State, and local systems for--
                    (A) criminal justice purposes;
                    (B) firearms eligibility determinations;
                    (C) identification of sexual offenders;
                    (D) identification of domestic violence offenders; 
                and
                    (E) background checks for other authorized purposes 
                unrelated to criminal justice; and
            (4) capture information for statistical and research 
        purposes to improve the administration of criminal justice.

    (b) Use of Grant Amounts.--Grants under this section may be used for 
programs to establish, develop, update, or upgrade--
            (1) State centralized, automated, adult and juvenile 
        criminal history record information systems, including arrest 
        and disposition reporting;
            (2) automated fingerprint identification systems that are 
        compatible with standards established by the National Institute 
        of Standards and Technology and interoperable with the 
        Integrated Automated Fingerprint Identification System (IAFIS) 
        of the Federal Bureau of Investigation;
            (3) finger imaging, live scan, and other automated systems 
        to digitize fingerprints and to communicate prints in a manner 
        that is compatible with standards established by the National 
        Institute of Standards and Technology and interoperable with 
        systems operated by States and by the Federal Bureau of 
        Investigation;
            (4) programs and systems to facilitate full participation in 
        the Interstate Identification Index of the National Crime 
        Information Center;
            (5) systems to facilitate full participation in any compact 
        relating to the Interstate Identification Index of the National 
        Crime Information Center;
            (6) systems to facilitate full participation in the national 
        instant criminal background check system established under

[[Page 112 STAT. 1872]]

        section 103(b) of the Brady Handgun Violence Prevention Act (18 
        U.S.C. 922 note) for firearms eligibility determinations;
            (7) integrated criminal justice information systems to 
        manage and communicate criminal justice information among law 
        enforcement agencies, courts, prosecutors, and corrections 
        agencies;
            (8) noncriminal history record information systems relevant 
        to firearms eligibility determinations for availability and 
        accessibility to the national instant criminal background check 
        system established under section 103(b) of the Brady Handgun 
        Violence Prevention Act (18 U.S.C. 922 note);
            (9) court-based criminal justice information systems that 
        promote--
                    (A) reporting of dispositions to central State 
                repositories and to the Federal Bureau of Investigation; 
                and
                    (B) compatibility with, and integration of, court 
                systems with other criminal justice information systems;
            (10) ballistics identification and information programs that 
        are compatible and integrated with the National Integrated 
        Ballistics Network (NIBN);
            (11) the capabilities of forensic science programs and 
        medical examiner programs related to the administration of 
        criminal justice, including programs leading to accreditation or 
        certification of individuals or departments, agencies, or 
        laboratories, and programs relating to the identification and 
        analysis of deoxyribonucleic acid;
            (12) sexual offender identification and registration 
        systems;
            (13) domestic violence offender identification and 
        information systems;
            (14) programs for fingerprint-supported background checks 
        capability for noncriminal justice purposes, including youth 
        service employees and volunteers and other individuals in 
        positions of responsibility, if authorized by Federal or State 
        law and administered by a government agency;
            (15) criminal justice information systems with a capacity to 
        provide statistical and research products including incident-
        based reporting systems that are compatible with the National 
        Incident-Based Reporting System (NIBRS) and uniform crime 
        reports; and
            (16) multiagency, multijurisdictional communications systems 
        among the States to share routine and emergency information 
        among Federal, State, and local law enforcement agencies.

    (c) Assurances.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State shall provide assurances to the Attorney 
        General that the State has the capability to contribute 
        pertinent information to the national instant criminal 
        background check system established under section 103(b) of the 
        Brady Handgun Violence Prevention Act (18 U.S.C. 922 note).
            (2) Information sharing.--Such assurances shall include a 
        provision that ensures that a statewide strategy for information 
        sharing systems is underway, or will be initiated, to improve 
        the functioning of the criminal justice system, with an emphasis 
        on integration of all criminal justice components, law 
        enforcement, courts, prosecution, corrections, and probation and 
        parole. The strategy shall be prepared after consultation

[[Page 112 STAT. 1873]]

        with State and local officials with emphasis on the 
        recommendation of officials whose duty it is to oversee, plan, 
        and implement integrated information technology systems, and 
        shall contain--
                    (A) a definition and analysis of ``integration'' in 
                the State and localities developing integrated 
                information sharing systems;
                    (B) an assessment of the criminal justice resources 
                being devoted to information technology;
                    (C) Federal, State, regional, and local information 
                technology coordination requirements;
                    (D) an assurance that the individuals who developed 
                the grant application took into consideration the needs 
                of all branches of the State Government and specifically 
                sought the advice of the chief of the highest court of 
                the State with respect to the application;
                    (E) State and local resource needs;
                    (F) the establishment of statewide priorities for 
                planning and implementation of information technology 
                systems; and
                    (G) a plan for coordinating the programs funded 
                under this title with other federally funded information 
                technology programs, including directly funded local 
                programs such as the Local Law Enforcement Block Grant 
                program (described under the heading ``Violent Crime 
                Reduction Programs, State and Local Law Enforcement 
                Assistance'' of the Departments of Commerce, Justice, 
                and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1998 (Public Law 105-119)) and the 
                M.O.R.E. program established pursuant to part Q of title 
                I of the Omnibus Crime Control and Safe Streets Act of 
                1968.

    (d) Matching Funds.--The Federal share of a grant received under 
this title may not exceed 90 percent of the costs of a program or 
proposal funded under this title unless the Attorney General waives, 
wholly or in part, the requirements of this subsection.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $250,000,000 for each of fiscal years 
        1999 through 2003.
            (2) Limitations.--Of the amount made available to carry out 
        this section in any fiscal year--
                    (A) not more than 3 percent may be used by the 
                Attorney General for salaries and administrative 
                expenses;
                    (B) not more than 5 percent may be used for 
                technical assistance, training and evaluations, and 
                studies commissioned by Bureau of Justice Statistics of 
                the Department of Justice (through discretionary grants 
                or otherwise) in furtherance of the purposes of this 
                section;
                    (C) not less than 20 percent shall be used by the 
                Attorney General for the purposes described in paragraph 
                (11) of subsection (b); and
                    (D) the Attorney General shall ensure the amounts 
                are distributed on an equitable geographic basis.

    (f) Grants to Indian Tribes.--Notwithstanding any other provision of 
this section, the Attorney General may use amounts made available under 
this section to make grants to Indian tribes for use in accordance with 
this section.

[[Page 112 STAT. 1874]]

 TITLE II--NATIONAL <<NOTE: National Criminal History Access and Child 
Protection Act. Records.>> CRIMINAL HISTORY ACCESS AND CHILD PROTECTION 
ACT

SEC. 201. <<NOTE: 42 USC 14601 note.>> SHORT TITLE.

    This title may be cited as the ``National Criminal History Access 
and Child Protection Act''.

 Subtitle <<NOTE: National Crime Prevention and Privacy Compact Act of 
1998. Records.>> A--Exchange of Criminal History Records for Noncriminal 
Justice Purposes

SEC. 211. <<NOTE: 42 USC 14601 note.>> SHORT TITLE.

    This subtitle may be cited as the ``National Crime Prevention and 
Privacy Compact Act of 1998''.

SEC. 212. <<NOTE: 42 USC 14611.>> FINDINGS.

    Congress finds that--
            (1) both the Federal Bureau of Investigation and State 
        criminal history record repositories maintain fingerprint-based 
        criminal history records;
            (2) these criminal history records are shared and exchanged 
        for criminal justice purposes through a Federal-State program 
        known as the Interstate Identification Index System;
            (3) although these records are also exchanged for legally 
        authorized, noncriminal justice uses, such as governmental 
        licensing and employment background checks, the purposes for and 
        procedures by which they are exchanged vary widely from State to 
        State;
            (4) an interstate and Federal-State compact is necessary to 
        facilitate authorized interstate criminal history record 
        exchanges for noncriminal justice purposes on a uniform basis, 
        while permitting each State to effectuate its own dissemination 
        policy within its own borders; and
            (5) such a compact will allow Federal and State records to 
        be provided expeditiously to governmental and nongovernmental 
        agencies that use such records in accordance with pertinent 
        Federal and State law, while simultaneously enhancing the 
        accuracy of the records and safeguarding the information 
        contained therein from unauthorized disclosure or use.

SEC. 213. <<NOTE: 42 USC 14612.>> DEFINITIONS.

    In this subtitle:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Compact.--The term ``Compact'' means the National Crime 
        Prevention and Privacy Compact set forth in section 217.
            (3) Council.--The term ``Council'' means the Compact Council 
        established under Article VI of the Compact.
            (4) FBI.--The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (5) Party state.--The term ``Party State'' means a State 
        that has ratified the Compact.

[[Page 112 STAT. 1875]]

            (6) State.--The term ``State'' means any State, territory, 
        or possession of the United States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.

SEC. 214. <<NOTE: 42 USC 14613.>> ENACTMENT AND CONSENT OF THE UNITED 
            STATES.

    The National Crime Prevention and Privacy Compact, as set forth in 
section 217, is enacted into law and entered into by the Federal 
Government. The consent of Congress is given to States to enter into the 
Compact.

SEC. 215. <<NOTE: 42 USC 14614.>> EFFECT ON OTHER LAWS.

    (a) Privacy Act of 1974.--Nothing in the Compact shall affect the 
obligations and responsibilities of the FBI under section 552a of title 
5, United States Code (commonly known as the ``Privacy Act of 1974'').
    (b) Access to Certain Records Not Affected.--Nothing in the Compact 
shall interfere in any manner with--
            (1) access, direct or otherwise, to records pursuant to--
                    (A) section 9101 of title 5, United States Code;
                    (B) the National Child Protection Act;
                    (C) the Brady Handgun Violence Prevention Act 
                (Public Law 103-159; 107 Stat. 1536);
                    (D) the Violent Crime Control and Law Enforcement 
                Act of 1994 (Public Law 103-322; 108 Stat. 2074) or any 
                amendment made by that Act;
                    (E) the United States Housing Act of 1937 (42 U.S.C. 
                1437 et seq.); or
                    (F) the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.); or
            (2) any direct access to Federal criminal history records 
        authorized by law.

    (c) Authority of FBI Under Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973.--
Nothing in the Compact shall be construed to affect the authority of the 
FBI under the Departments of State, Justice, and Commerce, the 
Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-
544 (86 Stat. 1115)).
    (d) Federal Advisory Committee Act.--The Council shall not be 
considered to be a Federal advisory committee for purposes of the 
Federal Advisory Committee Act (5 U.S.C. App.).
    (e) Members of Council Not Federal Officers or Employees.--Members 
of the Council (other than a member from the FBI or any at-large member 
who may be a Federal official or employee) shall not, by virtue of such 
membership, be deemed--
            (1) to be, for any purpose other than to effect the Compact, 
        officers or employees of the United States (as defined in 
        sections 2104 and 2105 of title 5, United States Code); or
            (2) to become entitled by reason of Council membership to 
        any compensation or benefit payable or made available by the 
        Federal Government to its officers or employees.

SEC. 216. <<NOTE: 42 USC 14615.>> ENFORCEMENT AND IMPLEMENTATION.

    All departments, agencies, officers, and employees of the United 
States shall enforce the Compact and cooperate with one another and with 
all Party States in enforcing the Compact and effectuating its purposes. 
For the Federal Government, the Attorney General shall make such rules, 
prescribe such instructions, and take such

[[Page 112 STAT. 1876]]

other actions as may be necessary to carry out the Compact and this 
subtitle.

SEC. 217. <<NOTE: 42 USC 14616.>> NATIONAL CRIME PREVENTION AND PRIVACY 
            COMPACT.

    The Contracting Parties agree to the following:

                                Overview

    (a) In General.--This Compact organizes an electronic information 
sharing system among the Federal Government and the States to exchange 
criminal history records for noncriminal justice purposes authorized by 
Federal or State law, such as background checks for governmental 
licensing and employment.
    (b) Obligations of Parties.--Under this Compact, the FBI and the 
Party States agree to maintain detailed databases of their respective 
criminal history records, including arrests and dispositions, and to 
make them available to the Federal Government and to Party States for 
authorized purposes. The FBI shall also manage the Federal data 
facilities that provide a significant part of the infrastructure for the 
system.

                         ARTICLE I--DEFINITIONS

    In this Compact:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Compact officer.--The term ``Compact officer'' means--
                    (A) with respect to the Federal Government, an 
                official so designated by the Director of the FBI; and
                    (B) with respect to a Party State, the chief 
                administrator of the State's criminal history record 
                repository or a designee of the chief administrator who 
                is a regular full-time employee of the repository.
            (3) Council.--The term ``Council'' means the Compact Council 
        established under Article VI.
            (4) Criminal history records.--The term ``criminal history 
        records''--
                    (A) means information collected by criminal justice 
                agencies on individuals consisting of identifiable 
                descriptions and notations of arrests, detentions, 
                indictments, or other formal criminal charges, and any 
                disposition arising therefrom, including acquittal, 
                sentencing, correctional supervision, or release; and
                    (B) does not include identification information such 
                as fingerprint records if such information does not 
                indicate involvement of the individual with the criminal 
                justice system.
            (5) Criminal history record repository.--The term ``criminal 
        history record repository'' means the State agency designated by 
        the Governor or other appropriate executive official or the 
        legislature of a State to perform centralized recordkeeping 
        functions for criminal history records and services in the 
        State.
            (6) Criminal justice.--The term ``criminal justice'' 
        includes activities relating to the detection, apprehension, 
        detention, pretrial release, post-trial release, prosecution, 
        adjudication, correctional supervision, or rehabilitation of 
        accused persons

[[Page 112 STAT. 1877]]

        or criminal offenders. The administration of criminal justice 
        includes criminal identification activities and the collection, 
        storage, and dissemination of criminal history records.
            (7) Criminal justice agency.--The term ``criminal justice 
        agency''--
                    (A) means--
                          (i) courts; and
                          (ii) a governmental agency or any subunit 
                      thereof that--
                                    (I) performs the administration of 
                                criminal justice pursuant to a statute 
                                or Executive order; and
                                    (II) allocates a substantial part of 
                                its annual budget to the administration 
                                of criminal justice; and
                    (B) includes Federal and State inspectors general 
                offices.
            (8) Criminal justice services.--The term ``criminal justice 
        services'' means services provided by the FBI to criminal 
        justice agencies in response to a request for information about 
        a particular individual or as an update to information 
        previously provided for criminal justice purposes.
            (9) Criterion offense.--The term ``criterion offense'' means 
        any felony or misdemeanor offense not included on the list of 
        nonserious offenses published periodically by the FBI.
            (10) Direct access.--The term ``direct access'' means access 
        to the National Identification Index by computer terminal or 
        other automated means not requiring the assistance of or 
        intervention by any other party or agency.
            (11) Executive order.--The term ``Executive order'' means an 
        order of the President of the United States or the chief 
        executive officer of a State that has the force of law and that 
        is promulgated in accordance with applicable law.
            (12) FBI.--The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (13) Interstate identification system.--The term 
        ``Interstate Identification Index System'' or ``III System''--
                    (A) means the cooperative Federal-State system for 
                the exchange of criminal history records; and
                    (B) includes the National Identification Index, the 
                National Fingerprint File and, to the extent of their 
                participation in such system, the criminal history 
                record repositories of the States and the FBI.
            (14) National fingerprint file.--The term ``National 
        Fingerprint File'' means a database of fingerprints, or other 
        uniquely personal identifying information, relating to an 
        arrested or charged individual maintained by the FBI to provide 
        positive identification of record subjects indexed in the III 
        System.
            (15) National identification index.--The term ``National 
        Identification Index'' means an index maintained by the FBI 
        consisting of names, identifying numbers, and other descriptive 
        information relating to record subjects about whom there are 
        criminal history records in the III System.
            (16) National indices.--The term ``National indices'' means 
        the National Identification Index and the National Fingerprint 
        File.

[[Page 112 STAT. 1878]]

            (17) Nonparty state.--The term ``Nonparty State'' means a 
        State that has not ratified this Compact.
            (18) Noncriminal justice purposes.--The term ``noncriminal 
        justice purposes'' means uses of criminal history records for 
        purposes authorized by Federal or State law other than purposes 
        relating to criminal justice activities, including employment 
        suitability, licensing determinations, immigration and 
        naturalization matters, and national security clearances.
            (19) Party state.--The term ``Party State'' means a State 
        that has ratified this Compact.
            (20) Positive identification.--The term ``positive 
        identification'' means a determination, based upon a comparison 
        of fingerprints or other equally reliable biometric 
        identification techniques, that the subject of a record search 
        is the same person as the subject of a criminal history record 
        or records indexed in the III System. Identifications based 
        solely upon a comparison of subjects' names or other nonunique 
        identification characteristics or numbers, or combinations 
        thereof, shall not constitute positive identification.
            (21) Sealed record information.--The term ``sealed record 
        information'' means--
                    (A) with respect to adults, that portion of a record 
                that is--
                          (i) not available for criminal justice uses;
                          (ii) not supported by fingerprints or other 
                      accepted means of positive identification; or
                          (iii) subject to restrictions on dissemination 
                      for noncriminal justice purposes pursuant to a 
                      court order related to a particular subject or 
                      pursuant to a Federal or State statute that 
                      requires action on a sealing petition filed by a 
                      particular record subject; and
                    (B) with respect to juveniles, whatever each State 
                determines is a sealed record under its own law and 
                procedure.
            (22) State.--The term ``State'' means any State, territory, 
        or possession of the United States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.

                          ARTICLE II--PURPOSES

    The purposes of this Compact are to--
            (1) provide a legal framework for the establishment of a 
        cooperative Federal-State system for the interstate and Federal-
        State exchange of criminal history records for noncriminal 
        justice uses;
            (2) require the FBI to permit use of the National 
        Identification Index and the National Fingerprint File by each 
        Party State, and to provide, in a timely fashion, Federal and 
        State criminal history records to requesting States, in 
        accordance with the terms of this Compact and with rules, 
        procedures, and standards established by the Council under 
        Article VI;
            (3) require Party States to provide information and records 
        for the National Identification Index and the National 
        Fingerprint File and to provide criminal history records, in a 
        timely fashion, to criminal history record repositories of other 
        States and the Federal Government for noncriminal justice 
        purposes, in accordance with the terms of this Compact and with 
        rules,

[[Page 112 STAT. 1879]]

        procedures, and standards established by the Council under 
        Article VI;
            (4) provide for the establishment of a Council to monitor 
        III System operations and to prescribe system rules and 
        procedures for the effective and proper operation of the III 
        System for noncriminal justice purposes; and
            (5) require the FBI and each Party State to adhere to III 
        System standards concerning record dissemination and use, 
        response times, system security, data quality, and other duly 
        established standards, including those that enhance the accuracy 
        and privacy of such records.

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

    (a) FBI Responsibilities.--The Director of the FBI shall--
            (1) appoint an FBI Compact officer who shall--
                    (A) administer this Compact within the Department of 
                Justice and among Federal agencies and other agencies 
                and organizations that submit search requests to the FBI 
                pursuant to Article V(c);
                    (B) ensure that Compact provisions and rules, 
                procedures, and standards prescribed by the Council 
                under Article VI are complied with by the Department of 
                Justice and the Federal agencies and other agencies and 
                organizations referred to in Article III(1)(A); and
                    (C) regulate the use of records received by means of 
                the III System from Party States when such records are 
                supplied by the FBI directly to other Federal agencies;
            (2) provide to Federal agencies and to State criminal 
        history record repositories, criminal history records maintained 
        in its database for the noncriminal justice purposes described 
        in Article IV, including--
                    (A) information from Nonparty States; and
                    (B) information from Party States that is available 
                from the FBI through the III System, but is not 
                available from the Party State through the III System;
            (3) provide a telecommunications network and maintain 
        centralized facilities for the exchange of criminal history 
        records for both criminal justice purposes and the noncriminal 
        justice purposes described in Article IV, and ensure that the 
        exchange of such records for criminal justice purposes has 
        priority over exchange for noncriminal justice purposes; and
            (4) modify or enter into user agreements with Nonparty State 
        criminal history record repositories to require them to 
        establish record request procedures conforming to those 
        prescribed in Article V.

    (b) State Responsibilities.--Each Party State shall--
            (1) appoint a Compact officer who shall--
                    (A) administer this Compact within that State;
                    (B) ensure that Compact provisions and rules, 
                procedures, and standards established by the Council 
                under Article VI are complied with in the State; and
                    (C) regulate the in-State use of records received by 
                means of the III System from the FBI or from other Party 
                States;
            (2) establish and maintain a criminal history record 
        repository, which shall provide--

[[Page 112 STAT. 1880]]

                    (A) information and records for the National 
                Identification Index and the National Fingerprint File; 
                and
                    (B) the State's III System-indexed criminal history 
                records for noncriminal justice purposes described in 
                Article IV;
            (3) participate in the National Fingerprint File; and
            (4) provide and maintain telecommunications links and 
        related equipment necessary to support the services set forth in 
        this Compact.

    (c) Compliance With III System Standards.--In carrying out their 
responsibilities under this Compact, the FBI and each Party State shall 
comply with III System rules, procedures, and standards duly established 
by the Council concerning record dissemination and use, response times, 
data quality, system security, accuracy, privacy protection, and other 
aspects of III System operation.
    (d) Maintenance of Record Services.--
            (1) Use of the III System for noncriminal justice purposes 
        authorized in this Compact shall be managed so as not to 
        diminish the level of services provided in support of criminal 
        justice purposes.
            (2) Administration of Compact provisions shall not reduce 
        the level of service available to authorized noncriminal justice 
        users on the effective date of this Compact.

                ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

    (a) State Criminal History Record Repositories.--To the extent 
authorized by section 552a of title 5, United States Code (commonly 
known as the ``Privacy Act of 1974''), the FBI shall provide on request 
criminal history records (excluding sealed records) to State criminal 
history record repositories for noncriminal justice purposes allowed by 
Federal statute, Federal Executive order, or a State statute that has 
been approved by the Attorney General and that authorizes national 
indices checks.
    (b) Criminal Justice Agencies and Other Governmental or 
Nongovernmental Agencies.--The FBI, to the extent authorized by section 
552a of title 5, United States Code (commonly known as the ``Privacy Act 
of 1974''), and State criminal history record repositories shall provide 
criminal history records (excluding sealed records) to criminal justice 
agencies and other governmental or nongovernmental agencies for 
noncriminal justice purposes allowed by Federal statute, Federal 
Executive order, or a State statute that has been approved by the 
Attorney General, that authorizes national indices checks.
    (c) Procedures.--Any record obtained under this Compact may be used 
only for the official purposes for which the record was requested. Each 
Compact officer shall establish procedures, consistent with this 
Compact, and with rules, procedures, and standards established by the 
Council under Article VI, which procedures shall protect the accuracy 
and privacy of the records, and shall--
            (1) ensure that records obtained under this Compact are used 
        only by authorized officials for authorized purposes;
            (2) require that subsequent record checks are requested to 
        obtain current information whenever a new need arises; and
            (3) ensure that record entries that may not legally be used 
        for a particular noncriminal justice purpose are deleted

[[Page 112 STAT. 1881]]

        from the response and, if no information authorized for release 
        remains, an appropriate ``no record'' response is communicated 
        to the requesting official.

                  ARTICLE V--RECORD REQUEST PROCEDURES

    (a) Positive Identification.--Subject fingerprints or other approved 
forms of positive identification shall be submitted with all requests 
for criminal history record checks for noncriminal justice purposes.
    (b) Submission of State Requests.--Each request for a criminal 
history record check utilizing the national indices made under any 
approved State statute shall be submitted through that State's criminal 
history record repository. A State criminal history record repository 
shall process an interstate request for noncriminal justice purposes 
through the national indices only if such request is transmitted through 
another State criminal history record repository or the FBI.
    (c) Submission of Federal Requests.--Each request for criminal 
history record checks utilizing the national indices made under Federal 
authority shall be submitted through the FBI or, if the State criminal 
history record repository consents to process fingerprint submissions, 
through the criminal history record repository in the State in which 
such request originated. Direct access to the National Identification 
Index by entities other than the FBI and State criminal history records 
repositories shall not be permitted for noncriminal justice purposes.
    (d) Fees.--A State criminal history record repository or the FBI--
            (1) may charge a fee, in accordance with applicable law, for 
        handling a request involving fingerprint processing for 
        noncriminal justice purposes; and
            (2) may not charge a fee for providing criminal history 
        records in response to an electronic request for a record that 
        does not involve a request to process fingerprints.

    (e) Additional Search.--
            (1) If a State criminal history record repository cannot 
        positively identify the subject of a record request made for 
        noncriminal justice purposes, the request, together with 
        fingerprints or other approved identifying information, shall be 
        forwarded to the FBI for a search of the national indices.
            (2) If, with respect to a request forwarded by a State 
        criminal history record repository under paragraph (1), the FBI 
        positively identifies the subject as having a III System-indexed 
        record or records--
                    (A) the FBI shall so advise the State criminal 
                history record repository; and
                    (B) the State criminal history record repository 
                shall be entitled to obtain the additional criminal 
                history record information from the FBI or other State 
                criminal history record repositories.

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

    (a) Establishment.--
            (1) In general.--There is established a council to be known 
        as the ``Compact Council'', which shall have the authority to 
        promulgate rules and procedures governing the use of the III

[[Page 112 STAT. 1882]]

        System for noncriminal justice purposes, not to conflict with 
        FBI administration of the III System for criminal justice 
        purposes.
            (2) Organization.--The Council shall--
                    (A) continue in existence as long as this Compact 
                remains in effect;
                    (B) be located, for administrative purposes, within 
                the FBI; and
                    (C) be organized and hold its first meeting as soon 
                as practicable after the effective date of this Compact.

    (b) Membership.--The Council shall be composed of 15 members, each 
of whom shall be appointed by the Attorney General, as follows:
            (1) Nine members, each of whom shall serve a 2-year term, 
        who shall be selected from among the Compact officers of Party 
        States based on the recommendation of the Compact officers of 
        all Party States, except that, in the absence of the requisite 
        number of Compact officers available to serve, the chief 
        administrators of the criminal history record repositories of 
        Nonparty States shall be eligible to serve on an interim basis.
            (2) Two at-large members, nominated by the Director of the 
        FBI, each of whom shall serve a 3-year term, of whom--
                    (A) 1 shall be a representative of the criminal 
                justice agencies of the Federal Government and may not 
                be an employee of the FBI; and
                    (B) 1 shall be a representative of the noncriminal 
                justice agencies of the Federal Government.
            (3) Two at-large members, nominated by the Chairman of the 
        Council, once the Chairman is elected pursuant to Article VI(c), 
        each of whom shall serve a 3-year term, of whom--
                    (A) 1 shall be a representative of State or local 
                criminal justice agencies; and
                    (B) 1 shall be a representative of State or local 
                noncriminal justice agencies.
            (4) One member, who shall serve a 3-year term, and who shall 
        simultaneously be a member of the FBI's advisory policy board on 
        criminal justice information services, nominated by the 
        membership of that policy board.
            (5) One member, nominated by the Director of the FBI, who 
        shall serve a 3-year term, and who shall be an employee of the 
        FBI.

    (c) Chairman and Vice Chairman.--
            (1) In general.--From its membership, the Council shall 
        elect a Chairman and a Vice Chairman of the Council, 
        respectively. Both the Chairman and Vice Chairman of the 
        Council--
                    (A) shall be a Compact officer, unless there is no 
                Compact officer on the Council who is willing to serve, 
                in which case the Chairman may be an at-large member; 
                and
                    (B) shall serve a 2-year term and may be reelected 
                to only 1 additional 2-year term.
            (2) Duties of vice chairman.--The Vice Chairman of the 
        Council shall serve as the Chairman of the Council in the 
        absence of the Chairman.

    (d) Meetings.--

[[Page 112 STAT. 1883]]

            (1) In general.--The Council shall meet at least once each 
        year at the call of the Chairman. Each meeting of the Council 
        shall be open to the public. The Council shall provide prior 
        public notice in the Federal Register of each meeting of the 
        Council, including the matters to be addressed at such meeting.
            (2) Quorum.--A majority of the Council or any committee of 
        the Council shall constitute a quorum of the Council or of such 
        committee, respectively, for the conduct of business. A lesser 
        number may meet to hold hearings, take testimony, or conduct any 
        business not requiring a vote.

    (e) Rules, <<NOTE: Public information. Federal Register, 
publication.>> Procedures, and Standards.--The Council shall make 
available for public inspection and copying at the Council office within 
the FBI, and shall publish in the Federal Register, any rules, 
procedures, or standards established by the Council.

    (f) Assistance From FBI.--The Council may request from the FBI such 
reports, studies, statistics, or other information or materials as the 
Council determines to be necessary to enable the Council to perform its 
duties under this Compact. The FBI, to the extent authorized by law, may 
provide such assistance or information upon such a request.
    (g) Committees.--The Chairman may establish committees as necessary 
to carry out this Compact and may prescribe their membership, 
responsibilities, and duration.

                  ARTICLE VII--RATIFICATION OF COMPACT

    This <<NOTE: Effective date.>> Compact shall take effect upon being 
entered into by 2 or more States as between those States and the Federal 
Government. Upon subsequent entering into this Compact by additional 
States, it shall become effective among those States and the Federal 
Government and each Party State that has previously ratified it. When 
ratified, this Compact shall have the full force and effect of law 
within the ratifying jurisdictions. The form of ratification shall be in 
accordance with the laws of the executing State.

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

    (a) Relation of Compact to Certain FBI Activities.--Administration 
of this Compact shall not interfere with the management and control of 
the Director of the FBI over the FBI's collection and dissemination of 
criminal history records and the advisory function of the FBI's advisory 
policy board chartered under the Federal Advisory Committee Act (5 
U.S.C. App.) for all purposes other than noncriminal justice.
    (b) No Authority for Nonappropriated Expenditures.--Nothing in this 
Compact shall require the FBI to obligate or expend funds beyond those 
appropriated to the FBI.
    (c) Relating to Public Law 92-544.--Nothing in this Compact shall 
diminish or lessen the obligations, responsibilities, and authorities of 
any State, whether a Party State or a Nonparty State, or of any criminal 
history record repository or other subdivision or component thereof, 
under the Departments of State, Justice, and Commerce, the Judiciary, 
and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or 
regulations and guidelines promulgated thereunder, including the rules 
and procedures promulgated by the Council under Article VI(a), regarding 
the use and dissemination of criminal history records and information.

[[Page 112 STAT. 1884]]

                        ARTICLE IX--RENUNCIATION

    (a) In General.--This Compact shall bind each Party State until 
renounced by the Party State.
    (b) Effect.--Any renunciation of this Compact by a Party State 
shall--
            (1) be effected in the same manner by which the Party State 
        ratified this Compact; and
            (2) <<NOTE: Effective date.>> become effective 180 days 
        after written notice of renunciation is provided by the Party 
        State to each other Party State and to the Federal Government.

                         ARTICLE X--SEVERABILITY

    The provisions of this Compact shall be severable, and if any 
phrase, clause, sentence, or provision of this Compact is declared to be 
contrary to the constitution of any participating State, or to the 
Constitution of the United States, or the applicability thereof to any 
government, agency, person, or circumstance is held invalid, the 
validity of the remainder of this Compact and the applicability thereof 
to any government, agency, person, or circumstance shall not be affected 
thereby. If a portion of this Compact is held contrary to the 
constitution of any Party State, all other portions of this Compact 
shall remain in full force and effect as to the remaining Party States 
and in full force and effect as to the Party State affected, as to all 
other provisions.

                  ARTICLE XI--ADJUDICATION OF DISPUTES

    (a) In General.--The Council shall--
            (1) have initial authority to make determinations with 
        respect to any dispute regarding--
                    (A) interpretation of this Compact;
                    (B) any rule or standard established by the Council 
                pursuant to Article V; and
                    (C) any dispute or controversy between any parties 
                to this Compact; and
            (2) hold a hearing concerning any dispute described in 
        paragraph (1) at a regularly scheduled meeting of the Council 
        and only render a decision based upon a majority vote of the 
        members of the Council. Such decision shall be published 
        pursuant to the requirements of Article VI(e).

    (b) Duties of FBI.--The FBI shall exercise immediate and necessary 
action to preserve the integrity of the III System, maintain system 
policy and standards, protect the accuracy and privacy of records, and 
to prevent abuses, until the Council holds a hearing on such matters.
    (c) Right of Appeal.--The FBI or a Party State may appeal any 
decision of the Council to the Attorney General, and thereafter may file 
suit in the appropriate district court of the United States, which shall 
have original jurisdiction of all cases or controversies arising under 
this Compact. Any suit arising under this Compact and initiated in a 
State court shall be removed to the appropriate district court of the 
United States in the manner provided by section 1446 of title 28, United 
States Code, or other statutory authority.

[[Page 112 STAT. 1885]]

   Subtitle <<NOTE: Volunteers for Children Act.>> B--Volunteers for 
Children Act

SEC. 221. <<NOTE: 42 USC 5101 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Volunteers for Children Act''.

SEC. 222. FACILITATION OF FINGERPRINT CHECKS.

    (a) State Agency.--Section 3(a) of the National Child Protection Act 
of 1993 (42 U.S.C. 5119a(a)) is amended by adding at the end the 
following:
    ``(3) In the absence of State procedures referred to in paragraph 
(1), a qualified entity designated under paragraph (1) may contact an 
authorized agency of the State to request national criminal fingerprint 
background checks. Qualified entities requesting background checks under 
this paragraph shall comply with the guidelines set forth in subsection 
(b) and with procedures for requesting national criminal fingerprint 
background checks, if any, established by the State.''.
    (b) Federal Law.--Section 3(b)(5) of the National Child Protection 
Act of 1993 (42 U.S.C. 5119a(b)(5)) is amended by inserting before the 
period at the end the following: ``, except that this paragraph does not 
apply to any request by a qualified entity for a national criminal 
fingerprint background check pursuant to subsection (a)(3)''.
    (c) Authorization.--Section 4(b)(2) of the National Child Protection 
Act of 1993 (42 U.S.C. 5119b(b)(2)) is amended by striking ``1994, 1995, 
1996, and 1997'' and inserting ``1999, 2000, 2001, and 2002''.

    Approved October 9, 1998.

LEGISLATIVE HISTORY--S. 2022:
---------------------------------------------------------------------------

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.

                                  <all>