-CITE-
    42 USC CHAPTER 140 - CRIMINAL JUSTICE IDENTIFICATION,
           INFORMATION, AND COMMUNICATION                  01/02/2006

-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       01/02/2006

-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                                           01/02/2006

-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
        Edward Byrne Justice Assistance Grant Program 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; Pub.
    L. 109-162, title XI, Sec. 1111(c)(1), Jan. 5, 2006, 119 Stat.
    3101.)

-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 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                            
      2006 - Subsec. (c)(2)(G). Pub. L. 109-162 substituted "such as
    the Edward Byrne Justice Assistance Grant Program and the M.O.R.E.
    program" for "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".
      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".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-162 applicable with respect to the first
    fiscal year beginning after Jan. 5, 2006, and each fiscal year
    thereafter, see section 1111(d) of Pub. L. 109-162, set out as a
    note under section 3750 of this title.

                                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        01/02/2006

-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                                           01/02/2006

-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-

-CITE-
    42 USC Sec. 14612                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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 former 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                                           01/02/2006

-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                                           01/02/2006

-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:

                                 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.

-End-