[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2022 Enrolled Bill (ENR)]
S.2022
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To provide for the improvement of interstate criminal justice
identification, information, communications, and forensics.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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The table of contents for this Act is as follows:

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TITLE I

-CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

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

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TITLE II

-NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

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

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This title may be cited as the ``Crime Identification Technology
Act of 1998''.

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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 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 with State and local
officials with emphasis on the recommendation of officials whose
duty it is to oversee, plan, and implement integrated information
technology systems, and shall contain--
(A) a definition and analysis of ``integration'' in the
State and localities developing integrated information sharing
systems;
(B) an assessment of the criminal justice resources being
devoted to information technology;
(C) Federal, State, regional, and local information
technology coordination requirements;
(D) an assurance that the individuals who developed the
grant application took into consideration the needs of all
branches of the State Government and specifically sought the
advice of the chief of the highest court of the State with
respect to the application;
(E) State and local resource needs;
(F) the establishment of statewide priorities for planning
and implementation of information technology systems; and
(G) a plan for coordinating the programs funded under this
title with other federally funded information technology
programs, including directly funded local programs such as the
Local Law Enforcement Block Grant program (described under the
heading ``Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance'' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119)) and the M.O.R.E.
program established pursuant to part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968.
(d) Matching Funds.--The Federal share of a grant received under
this title may not exceed 90 percent of the costs of a program or
proposal funded under this title unless the Attorney General waives,
wholly or in part, the requirements of this subsection.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $250,000,000 for each of fiscal years 1999
through 2003.
(2) Limitations.--Of the amount made available to carry out
this section in any fiscal year--
(A) not more than 3 percent may be used by the Attorney
General for salaries and administrative expenses;
(B) not more than 5 percent may be used for technical
assistance, training and evaluations, and studies commissioned
by Bureau of Justice Statistics of the Department of Justice
(through discretionary grants or otherwise) in furtherance of
the purposes of this section;
(C) not less than 20 percent shall be used by the Attorney
General for the purposes described in paragraph (11) of
subsection (b); and
(D) the Attorney General shall ensure the amounts are
distributed on an equitable geographic basis.
(f) Grants to Indian Tribes.--Notwithstanding any other provision
of this section, the Attorney General may use amounts made available
under this section to make grants to Indian tribes for use in
accordance with this section.

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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

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

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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.

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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.
(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.

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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.

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(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.

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

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

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

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Crime Identification Technology Act of 1998

Other Sections

TITLE I

TITLE II

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