National Criminal History Access and Child Protection Act
Referred to the Subcommittee on Crime.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Jul 13, 1998
TABLE OF CONTENTS: Title I: Exchange of Criminal History Records for Noncriminal Justice Purposes Title II: Volunteers for Children Act National Criminal History Access and Child Protection Act - Title I: Exchange of Criminal History Records for Noncriminal Justice Purposes - National Crime Prevention and Privacy Compact Act of 1998 - Enacts into law, and grants congressional consent to States to enter into, the National Crime Prevention and Privacy Compact as set forth in section 107 of this Act. (Sec. 106) Directs: (1) all departments, agencies, officers, and employees of the United States to enforce the Compact and cooperate with one another and with all party States (i.e., States that have ratified the Compact) in enforcing the Compact and effectuating its purposes; and (2) the Attorney General to make such rules and take other necessary actions to carry out the Compact and this title. (Sec. 107) Sets forth the Compact, which 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. Specifies that the Federal Bureau of Investigation (FBI) and the contracting parties agree to maintain detailed databases of their respective criminal history records and to make them available to the Federal Government and to party States for authorized purposes. Provides that the FBI shall manage the Federal data facilities that provide a significant part of the infrastructure for the system. Sets forth provisions regarding: (1) the purposes of the Compact; (2) the responsibilities of Compact parties; (3) compliance with Interstate Identification Index System (III System) standards (i.e., the cooperative Federal-State system for the exchange of criminal history records); and (4) maintenance of record services. Requires, to the extent authorized by the Privacy Act of 1974: (1) the FBI to provide upon 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; and (2) the FBI and State criminal history record repositories to provide such 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 such checks. Specifies that any record obtained under the Compact may be used only for the official purposes for which the record was requested. Directs that each Compact officer establish procedures to protect the accuracy and privacy of the records. Requires that: (1) subject fingerprints or other approved forms of positive identification be submitted with all requests for criminal history record checks for noncriminal justice purposes; and (2) each request for a criminal history record check utilizing the national indices made under any approved State statute be submitted through that State's criminal history record repository which 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. Sets forth provisions regarding procedures for the submission of Federal requests, fees, and additional searches. Establishes the Compact Council, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the System for criminal justice purposes. Sets forth provisions regarding Compact ratification, renunciation, severability, and dispute adjudication. Title II: Volunteers for Children Act - Volunteers for Children Act - Amends the National Child Protection Act of 1993 to authorize a qualified, designated entity, in the absence of State procedures requiring qualified entities designated by the State to contact an authorized State agency, to request national criminal fingerprint background checks. Exempts a request from a qualified entity for such a check from certain statutory requirements. Reauthorizes funding for child abuse crime information improvement grants through FY 2002.
Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S8069-8073)
Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S8069-8073)
Introduced in Senate
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