Legislación
US (United States) Code. Title 42. Chapter 140: Criminal justice identification, information and comunication
-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-
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42 USC SUBCHAPTER I - CRIME IDENTIFICATION TECHNOLOGY 01/06/03
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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-
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42 USC Sec. 14601 01/06/03
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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'."
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42 USC SUBCHAPTER II - EXCHANGE OF CRIMINAL HISTORY
RECORDS FOR NONCRIMINAL JUSTICE PURPOSES 01/06/03
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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-
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42 USC Sec. 14611 01/06/03
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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.)
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42 USC Sec. 14612 01/06/03
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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-
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42 USC Sec. 14613 01/06/03
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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-
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42 USC Sec. 14614 01/06/03
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |