S.Amdt. 2665

SA 2665. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title IX, insert the following:

[[Page S3639]]

SEC. ___. GRANT PROGRAM FOR STATES TO ESTABLISH PROGRAMS FOR
EXPANDING, COLLECTING, STORING, AND MAKING
ACCESSIBLE CRIMINAL HISTORY RECORD INFORMATION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) States should support investigative service providers
conducting background investigations authorized by the
Security Executive Agent or the Suitability and Credentialing
Executive Agent by--
(A) providing automated access to criminal history records
produced by criminal justice agencies; and
(B) expanding State criminal history record systems to
include name-based arrests not supported by biometrics; and
(2) the large volume of requests from investigative service
providers places significant demands on States that exceed
their current resources.
(b) Material Resources and Support.--
(1) Grant program required.--The Attorney General shall, in
coordination with the Government's primary investigative
service provider, establish a competitive grant program to
support States in carrying out the activities described in
subsection (a).
(2) Standards.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent
shall, in consultation with the Council and the Government's
primary investigative service provider, set standards for the
grant program authorized under paragraph (1), including
biometric and biographic information standards.
(3) Derivation of funds.--Amounts to carry out the grant
program authorized under paragraph (1) shall be derived from
amounts appropriated or otherwise made available for the
Department of Justice.
(c) Annual Reports.--Not less frequently than once each
year, the Government's primary investigative service
provider, in coordination with the Council, shall submit to
the appropriate congressional committees a report that
describes the status of--
(1) State efforts to provide automated access to criminal
history records produced by criminal justice agencies;
(2) the efforts of investigative service providers to use
such automated access; and
(3) the use of funds received by States under subsection
(b)(1).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));
(C) the Committee Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate; and
(D) the Committee on Homeland Security, the Committee on
Oversight and Government Reform, and the Committee on the
Judiciary of the House of Representatives.
(2) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to Executive Order 13467 (73
Fed. Reg. 38103; 50 U.S.C. 3161 note).
(3) Criminal history record information.--The term
``criminal history record information'' has the meaning given
such term in section 9101(a) of title 5, United States Code.
(4) Criminal justice agency.--The term ``criminal justice
agency'' has the meaning given such term in such section.
(5) Government's primary investigative service provider.--
The term ``Government's primary investigative service
provider'' means the Government's primary investigative
service provider established pursuant to Executive Order
13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), or any
successor entity.
(6) Security executive agent.--The term ``Security
Executive Agent'' means the Director of National Intelligence
acting as the Security Executive Agent in accordance with
Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161
note).
(7) State.--The term ``State'' has the meaning given such
term in section 9101(a) of title 5, United States Code.
(8) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50
U.S.C. 3161 note).
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