US (United States) Code. Title 42. Chapter 140: Criminal justice identification, information and comunication

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-CITE-

42 USC CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION,

INFORMATION, AND COMMUNICATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

-HEAD-

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

-MISC1-

SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY

Sec.

14601. State grant program for criminal justice

identification, information, and communication.

(a) In general.

(b) Use of grant amounts.

(c) Assurances.

(d) Matching funds.

(e) Authorization of appropriations.

(f) Grants to Indian tribes.

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR

NONCRIMINAL JUSTICE PURPOSES

14611. Findings.

14612. Definitions.

14613. Enactment and consent of the United States.

14614. Effect on other laws.

(a) Privacy Act of 1974.

(b) Access to certain records not affected.

(c) Authority of FBI under Departments of State,

Justice, and Commerce, the Judiciary, and

Related Agencies Appropriation Act, 1973.

(d) Federal Advisory Committee Act.

(e) Members of Council not Federal officers or

employees.

14615. Enforcement and implementation.

14616. National Crime Prevention and Privacy Compact.

-End-

-CITE-

42 USC SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY

-HEAD-

SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY

-End-

-CITE-

42 USC Sec. 14601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY

-HEAD-

Sec. 14601. State grant program for criminal justice

identification, information, and communication

-STATUTE-

(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;

(16) multiagency, multijurisdictional communications systems

among the States to share routine and emergency information among

Federal, State, and local law enforcement agencies;

(17) the capability of the criminal justice system to deliver

timely, accurate, and complete criminal history record

information to child welfare agencies, organizations, and

programs that are engaged in the assessment of risk and other

activities related to the protection of children, including

protection against child sexual abuse, and placement of children

in foster care; and

(18) notwithstanding subsection (c) of this section,

antiterrorism purposes as they relate to any other uses under

this section or for other antiterrorism programs.

(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

subchapter 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 [42 U.S.C.

3796dd et seq.].

(d) Matching funds

The Federal share of a grant received under this subchapter may

not exceed 90 percent of the costs of a program or proposal funded

under this subchapter 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 2002 through 2007.

(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; and

(C) 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.

-SOURCE-

(Pub. L. 105-251, title I, Sec. 102, Oct. 9, 1998, 112 Stat. 1871;

Pub. L. 106-177, title I, Sec. 102, Mar. 10, 2000, 114 Stat. 35;

Pub. L. 106-561, Sec. 2(c)(4), Dec. 21, 2000, 114 Stat. 2791; Pub.

L. 107-56, title X, Sec. 1015, Oct. 26, 2001, 115 Stat. 400.)

-REFTEXT-

REFERENCES IN TEXT

Section 103(b) of the Brady Handgun Violence Prevention Act,

referred to in subsecs. (b)(6), (8) and (c)(1), is section 103(b)

of Pub. L. 103-159, as amended, which is set out as a note under

section 922 of Title 18, Crimes and Criminal Procedure.

The Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 1998, referred to in

subsec. (c)(2)(G), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat.

2440. Provisions described under the heading "Violent Crime

Reduction Programs, State and Local Law Enforcement Assistance"

appear at 111 Stat. 2452, and are not classified to the Code.

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in subsec. (c)(2)(G), is Pub. L. 90-351, June 19, 1968, 82 Stat.

197, as amended. Part Q of title I of the Act is classified

generally to subchapter XII-E (Sec. 3796dd et seq.) of chapter 46

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3711 of this title and

Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(18). Pub. L. 107-56, Sec. 1015(1), added par.

(18).

Subsec. (e)(1). Pub. L. 107-56, Sec. 1015(2), substituted "this

section $250,000,000 for each of fiscal years 2002 through 2007"

for "this section $250,000,000 for each of fiscal years 1999

through 2003".

2000 - Subsec. (b)(17). Pub. L. 106-177 added par. (17).

Subsec. (e)(2)(B) to (D). Pub. L. 106-561 inserted "and" after

semicolon in subpar. (B), redesignated subpar. (D) as (C), and

struck out former subpar. (C) which read as follows: "not less than

20 percent shall be used by the Attorney General for the purposes

described in paragraph (11) of subsection (b) of this section;

and".

SHORT TITLE

Pub. L. 105-251, title I, Sec. 101, Oct. 9, 1998, 112 Stat. 1871,

provided that: "This title [enacting this subchapter] may be cited

as the 'Crime Identification Technology Act of 1998'."

Pub. L. 105-251, title II, Sec. 201, Oct. 9, 1998, 112 Stat.

1874, provided that: "This title [enacting subchapter II of this

chapter, amending sections 5119a and 5119b of this title, and

enacting provisions set out as a note under section 5101 of this

title] may be cited as the 'National Criminal History Access and

Child Protection Act'."

Pub. L. 105-251, title II, Sec. 211, Oct. 9, 1998, 112 Stat.

1874, provided that: "This subtitle [subtitle A (Secs. 211-217) of

title II of Pub. L. 105-251, enacting subchapter II of this

chapter] may be cited as the 'National Crime Prevention and Privacy

Compact Act of 1998'."

-End-

-CITE-

42 USC SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY

RECORDS FOR NONCRIMINAL JUSTICE PURPOSES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR

NONCRIMINAL JUSTICE PURPOSES

-End-

-CITE-

42 USC Sec. 14611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14611. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 212, Oct. 9, 1998, 112 Stat.

1874.)

-End-

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42 USC Sec. 14612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14612. Definitions

-STATUTE-

In this subchapter:

(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 14616 of this title.

(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.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 213, Oct. 9, 1998, 112 Stat.

1874.)

-End-

-CITE-

42 USC Sec. 14613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14613. Enactment and consent of the United States

-STATUTE-

The National Crime Prevention and Privacy Compact, as set forth

in section 14616 of this title, is enacted into law and entered

into by the Federal Government. The consent of Congress is given to

States to enter into the Compact.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 214, Oct. 9, 1998, 112 Stat.

1875.)

-End-

-CITE-

42 USC Sec. 14614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14614. Effect on other laws

-STATUTE-

(a) Privacy Act of 1974

Nothing in the Compact shall affect the obligations and

responsibilities of the FBI under section 552a of title 5 (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;

(B) the National Child Protection Act [42 U.S.C. 5119 et

seq.];

(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); 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.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 215, Oct. 9, 1998, 112 Stat.

1875.)

-REFTEXT-

REFERENCES IN TEXT

The Privacy Act of 1974, referred to in subsec. (a), is Pub. L.

93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted

section 552a of Title 5, Government Organization and Employees, and

provisions set out as notes under section 552a of Title 5. For

complete classification of this Act to the Code, see Short Title

note set out under section 552a of Title 5 and Tables.

The National Child Protection Act, referred to in subsec.

(b)(1)(B), probably means the National Child Protection Act of

1993, Pub. L. 103-209, Dec. 20, 1993, 107 Stat. 2490, as amended,

which is classified principally to subchapter VI (Sec. 5119 et

seq.) of chapter 67 of this title. For complete classification of

this Act to the Code, see Short Title of 1993 Amendment note set

out under section 5101 of this title and Tables.

The Brady Handgun Violence Prevention Act, referred to in subsec.

(b)(1)(C), is title I of Pub. L. 103-159, Nov. 30, 1993, 107 Stat.

1536, which enacted section 925A of Title 18, Crimes and Criminal

Procedure, amended section 3759 of this title and sections 921,

922, and 924 of Title 18, and enacted provisions set out as notes

under sections 921 and 922 of Title 18. For complete classification

of this Act to the Code, see Short Title of 1993 Amendment note set

out under section 921 of Title 18 and Tables.

The Violent Crime Control and Law Enforcement Act of 1994,

referred to in subsec. (b)(1)(D), is Pub. L. 103-322, Sept. 13,

1994, 108 Stat. 1796, as amended. For complete classification of

this Act to the Code, see Short Title note set out under section

13701 of this title and Tables.

The United States Housing Act of 1937, referred to in subsec.

(b)(1)(E), is act Sept. 1, 1937, ch. 896, as revised generally by

Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to chapter 8 (Sec. 1437 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1437 of this title and

Tables.

The Native American Housing Assistance and Self-Determination Act

of 1996, referred to in subsec. (b)(1)(F), is Pub. L. 104-330, Oct.

26, 1996, 110 Stat. 4016, as amended, which is classified

principally to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians.

For complete classification of this Act to the Code, see Short

Title note set out under section 4101 of Title 25 and Tables.

The Departments of State, Justice, and Commerce, the Judiciary,

and Related Agencies Appropriation Act, 1973, referred to in

subsec. (c), is Pub. L. 92-544, Oct. 25, 1972, 86 Stat. 1109, as

amended. For complete classification of this Act to the Code, see

Tables.

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 14615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14615. Enforcement and implementation

-STATUTE-

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

subchapter.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 216, Oct. 9, 1998, 112 Stat.

1875.)

-End-

-CITE-

42 USC Sec. 14616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND

COMMUNICATION

SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL

JUSTICE PURPOSES

-HEAD-

Sec. 14616. National Crime Prevention and Privacy Compact

-STATUTE-

The Contracting Parties agree to the following:

-HEAD-

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 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.

(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,

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 -

(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 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 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

(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 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 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.

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

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.

-SOURCE-

(Pub. L. 105-251, title II, Sec. 217, Oct. 9, 1998, 112 Stat.

1876.)

-REFTEXT-

REFERENCES IN TEXT

The Privacy Act of 1974, referred to in Article IV(a), (b), is

Pub. L. 93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which

enacted section 552a of Title 5, Government Organization and

Employees, and provisions set out as notes under section 552a of

Title 5. For complete classification of this Act to the Code, see

Short Title note set out under section 552a of Title 5 and Tables.

The Federal Advisory Committee Act, referred to in Article

VIII(a), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Departments of State, Justice, and Commerce, the Judiciary,

and Related Agencies Appropriation Act, 1973, referred to in

Article VIII(c), is Pub. L. 92-544, Oct. 25, 1972, 86 Stat. 1109,

as amended. For complete classification of this Act to the Code,

see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14612, 14613 of this

title.

-End-