§ 114‑19.50. The National Crime Prevention andPrivacy Compact.
The National Crime Prevention and Privacy Compact is enacted into lawand entered into with all jurisdictions legally joining in the compact in theform substantially as set forth in this section, as follows:
Preamble.
Whereas, it is in the interest of the State to facilitate thedissemination of criminal history records from other states for use in NorthCarolina as authorized by State law; and
Whereas, the National Crime Prevention and Privacy Compact creates alegal framework for the cooperative exchange of criminal history records fornoncriminal justice purposes; and
Whereas, the compact provides for the organization of an electronicinformation‑sharing system among the federal government and the states toexchange criminal history records for noncriminal justice purposes authorizedby federal or state law, such as background checks for governmental licensingand employment; and
Whereas, under the compact, the FBI and the party states agree tomaintain detailed databases of their respective criminal history records,including arrests and dispositions, and to make them available to the federalgovernment and party states for authorized purposes; and
Whereas, the FBI shall manage the federal data facilities that providea significant part of the infrastructure for the system; and
Whereas, entering into the compact would facilitate the interstate andfederal‑state exchange of criminal history information to streamline theprocessing of background checks for noncriminal justice purposes; and
Whereas, release and use of information obtained through the system fornoncriminal justice purposes would be governed by the laws of the receivingstate; and
Whereas, entering into the compact will provide a mechanism forestablishing and enforcing uniform standards for record accuracy and for theconfidentiality and privacy interests of record subjects.
Article I.
Definitions.
As used in this compact, the following definitions apply:
(1) "Attorney General" means the Attorney General ofthe United States.
(2) "Compact officer" means:
a. With respect to the federal government, an official sodesignated by the director of the FBI; and
b. With respect to a party state, the chief administrator ofthe state's criminal history record repository or a designee of the chiefadministrator who is a regular, full‑time employee of the repository.
(3) "Council" means the compact council establishedunder Article VI.
(4) "Criminal history record repository" means theState Bureau of Investigation's Division of Criminal Information.
(5) "Criminal history records" means informationcollected by criminal justice agencies on individuals consisting ofidentifiable descriptions and notations of arrests, detentions, indictments, orother formal criminal charges and any disposition arising therefrom, includingacquittal, sentencing, correctional supervision, or release. The term does notinclude identification information such as fingerprint records if theinformation does not indicate involvement of the individual with the criminaljustice system.
(6) "Criminal justice" includes activities relating tothe detection, apprehension, detention, pretrial release, posttrial release,prosecution, adjudication, correctional supervision, or rehabilitation ofaccused persons or criminal offenders. The administration of criminal justiceincludes criminal identification activities and the collection, storage, anddissemination of criminal history records.
(7) "Criminal justice agency" means: (i) courts; and(ii) a governmental agency or any subunit of an agency that performs theadministration of criminal justice pursuant to a statute or executive order andallocates a substantial part of its annual budget to the administration ofcriminal justice. The term includes federal and state inspector generaloffices.
(8) "Criminal justice services" means servicesprovided by the FBI to criminal justice agencies in response to a request forinformation about a particular individual or as an update to informationpreviously provided for criminal justice purposes.
(9) "Direct access" means access to the nationalidentification index by computer terminal or other automated means notrequiring the assistance of or intervention by any other party or agency.
(10) "Executive order" means an order of the Presidentof the United States or the chief executive officer of a state that has theforce of law and that is promulgated in accordance with applicable law.
(11) "FBI" means the Federal Bureau of Investigation.
(12) "III system" means the interstate identificationindex system, which is the cooperative federal‑state system for theexchange of criminal history records. The term includes the nationalidentification index, the national fingerprint file, and, to the extent oftheir participation in the system, the criminal history record repositories ofthe states and the FBI.
(13) "National fingerprint file" means a database offingerprints or of other uniquely personal identifying information that relatesto an arrested or charged individual and that is maintained by the FBI toprovide positive identification of record subjects indexed in the III system.
(14) "National identification index" means an indexmaintained by the FBI consisting of names, identifying numbers, and otherdescriptive information relating to record subjects about whom there arecriminal history records in the III system.
(15) "National indices" means the nationalidentification index and the national fingerprint file.
(16) "Noncriminal justice purposes" means uses ofcriminal history records for purposes authorized by federal or state law otherthan purposes relating to criminal justice activities, including employmentsuitability, licensing determinations, immigration and naturalization matters,and national security clearances.
(17) "Nonparty state" means a state that has notratified this compact.
(18) "Party state" means a state that has ratified thiscompact.
(19) "Positive identification" means a determination,based upon a comparison of fingerprints or other equally reliable biometricidentification techniques, that the subject of a record search is the sameperson as the subject of a criminal history record or records indexed in theIII system. Identifications based solely upon a comparison of subjects' namesor other nonunique identification characteristics or numbers, or combinationsthereof, does not constitute positive identification.
(20) "Sealed record information" means:
a. With respect to adults, that portion of a record that is:
1. Not available for criminal justice uses;
2. Not supported by fingerprints or other accepted means ofpositive identification; or
3. Subject to restrictions on dissemination for noncriminaljustice purposes pursuant to a court order related to a particular subject orpursuant to a federal or state statute that requires action on a sealingpetition filed by a particular record subject; and
b. With respect to juveniles, whatever each state determines isa sealed record under its own law and procedure.
(21) "State" means any state, territory, or possessionof the United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article II.
Purposes.
The purposes of this compact are to:
(1) Provide a legal framework for the establishment of acooperative federal‑state system for the interstate and federal‑stateexchange of criminal history records for noncriminal justice uses;
(2) Require the FBI to permit use of the national identificationindex and the national fingerprint file by each party state and to provide, ina timely fashion, federal and state criminal history records to requestingstates, 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 forthe national identification index and the national fingerprint file and toprovide criminal history records, in a timely fashion, to criminal historyrecord repositories of other states and the federal government for noncriminaljustice 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 IIIsystem operations and to prescribe system rules and procedures for theeffective and proper operation of the III system for noncriminal justicepurposes; and
(5) Require the FBI and each party state to adhere to III systemstandards concerning record dissemination and use, response times, systemsecurity, data quality, and other duly established standards, including thosethat enhance the accuracy and privacy of such records.
Article III.
Responsibilities ofCompact Parties.
(a) The director of the FBI shall:
(1) Appoint an FBI compact officer who shall:
a. Administer this compact within the Department of Justice andamong federal agencies and other agencies and organizations that submit searchrequests to the FBI pursuant to Article V(c);
b. Ensure that compact provisions and rules, procedures, andstandards prescribed by the council under Article VI are complied with by theDepartment of Justice and federal agencies and other agencies and organizationsreferred to in sub‑subdivision (a)(1)a. of this Article III; and
c. Regulate the use of records received by means of the IIIsystem from party states when such records are supplied by the FBI directly toother federal agencies;
(2) Provide to federal agencies and to state criminal historyrecord repositories criminal history records maintained in its database for thenoncriminal justice purposes described in Article IV, including:
a. Information from nonparty states; and
b. Information from party states that is available from the FBIthrough the III system but is not available from the party states through theIII system;
(3) Provide a telecommunications network and maintaincentralized facilities for the exchange of criminal history records for bothcriminal justice purposes and the noncriminal justice purposes described inArticle IV and ensure that the exchange of records for criminal justicepurposes has priority over exchange for noncriminal justice purposes; and
(4) Modify or enter into user agreements with nonparty statecriminal history record repositories to require them to establish recordrequest procedures conforming to those prescribed in Article V.
(b) 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, andstandards established by the council under Article VI are complied with in thestate; and
c. Regulate the in‑state use of records received by meansof 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 identificationindex and the national fingerprint file; and
b. The state's III system‑indexed criminal historyrecords for noncriminal justice purposes described in Article IV;
(3) Participate in the national fingerprint file; and
(4) Provide and maintain telecommunications links and relatedequipment necessary to support the criminal justice services set forth in thiscompact.
(c) 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 disseminationand use, response times, data quality, system security, accuracy, privacyprotection, and other aspects of III system operation.
(d) Use of the III system for noncriminal justice purposesauthorized in this compact must be managed so as not to diminish the level ofservices provided in support of criminal justice purposes. Administration ofcompact provisions may not reduce the level of service available to authorizednoncriminal justice users on the effective date of this compact.
Article IV.
Authorized RecordDisclosures.
(a) To the extent authorized by section 552a of Title 5, UnitedStates Code (commonly known as the Privacy Act of 1974), the FBI shall provideon request criminal history records, excluding sealed record information, tostate criminal history record repositories for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(b) The FBI, to the extent authorized by section 552a of Title5, United States Code (commonly known as the Privacy Act of 1974), and statecriminal history record repositories shall provide criminal history records,excluding sealed record information, to criminal justice agencies and othergovernmental or nongovernmental agencies for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(c) Any record obtained under this compact may be used only forthe official purposes for which the record was requested. Each compact officershall establish procedures consistent with this compact and with rules,procedures, and standards established by the council under Article VI, which proceduresshall protect the accuracy and privacy of the records and shall:
(1) Ensure that records obtained under this compact are usedonly by authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested toobtain current information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used fora particular noncriminal justice purpose are deleted from the response and, ifno information authorized for release remains, that an appropriate "norecord" response is communicated to the requesting official.
Article V.
Record RequestProcedures.
(a) Subject fingerprints or other approved forms of positiveidentification must be submitted with all requests for criminal history recordchecks for noncriminal justice purposes.
(b) Each request for a criminal history record check utilizingthe national indices made under any approved state statute must be submittedthrough that state's criminal history record repository. A state criminalhistory record repository shall process an interstate request for noncriminaljustice purposes through the national indices only if the request istransmitted through another state criminal history record repository or theFBI.
(c) Each request for criminal history record checks utilizingthe national indices made under federal authority must be submitted through theFBI or, if the state criminal history record repository consents to processfingerprint submissions, through the criminal history record repository in thestate in which the request originated. Direct access to the nationalidentification index by entities other than the FBI and state criminal historyrecord repositories may not be permitted for noncriminal justice purposes.
(d) A state criminal history record repository or the FBI:
(1) May charge a fee, in accordance with applicable law, forhandling a request involving fingerprint processing for noncriminal justicepurposes; and
(2) May not charge a fee for providing criminal history recordsin response to an electronic request for a record that does not involve arequest to process fingerprints.
(e) (1) If astate criminal history record repository cannot positively identify the subjectof a record request made for noncriminal justice purposes, the request,together with fingerprints or other approved identifying information, must beforwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a state criminalhistory record repository under subdivision (e)(1) of this Article V, the FBIpositively identifies the subject as having a III system‑indexed recordor records:
a. The FBI shall so advise the state criminal history recordrepository; and
b. The state criminal history record repository is entitled toobtain the additional criminal history record information from the FBI or otherstate criminal history record repositories.
Article VI.
Establishment of CompactCouncil.
(a) There is established a council to be known as the compactcouncil which has the authority to promulgate rules and procedures governingthe use of the III system for noncriminal justice purposes, not to conflictwith FBI administration of the III system for criminal justice purposes. Thecouncil shall:
(1) Continue in existence as long as this compact remains ineffect;
(2) Be located, for administrative purposes, within the FBI; and
(3) Be organized and hold its first meeting as soon aspracticable after the effective date of this compact.
(b) The council must be composed of 15 members, each of whommust be appointed by the Attorney General, as follows:
(1) Nine members, each of whom shall serve a two‑yearterm, who must be selected from among the compact officers of party statesbased on the recommendation of the compact officers of all party states, exceptthat in the absence of the requisite number of compact officers available toserve, the chief administrators of the criminal history record repositories ofnonparty states must be eligible to serve on an interim basis;
(2) Two at‑large members, nominated by the director of theFBI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of the criminal justiceagencies of the federal government and may not be an employee of the FBI; and
b. One must be a representative of the noncriminal justiceagencies of the federal government;
(3) Two at‑large members, nominated by the chair of thecouncil once the chair is elected pursuant to subsection (c) of this ArticleVI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of state or local criminaljustice agencies; and
b. One must be a representative of state or local noncriminaljustice agencies;
(4) One member who shall serve a three‑year term and whoshall simultaneously be a member of the FBI's advisory policy board on criminaljustice information services, nominated by the membership of that policy board;and
(5) One member, nominated by the director of the FBI, who shallserve a three‑year term and who must be an employee of the FBI.
(c) From its membership, the council shall elect a chair and avice‑chair of the council. Both the chair and vice‑chair of thecouncil: (i) must be a compact officer, unless there is no compact officer onthe council who is willing to serve, in which case the chair may be an at‑largemember and (ii) shall serve two‑year terms and may be reelected to onlyone additional two‑year term. The vice‑chair of the council shallserve as the chair of the council in the absence of the chair.
(d) The council shall meet at least once each year at the callof the chair. Each meeting of the council must be open to the public. Thecouncil shall provide prior public notice in the federal register of eachmeeting of the council, including the matters to be addressed at the meeting. Amajority of the council or any committee of the council shall constitute aquorum of the council or of a committee, respectively, for the conduct ofbusiness. A lesser number may meet to hold hearings, take testimony, or conductany business not requiring a vote.
(e) The council shall make available for public inspection andcopying at the council office within the FBI and shall publish in the federalregister any rules, procedures, or standards established by the council.
(f) The council may request from the FBI reports, studies,statistics, or other information or materials that the council determines to benecessary to enable the council to perform its duties under this compact. TheFBI, to the extent authorized by law, may provide assistance or informationupon a request.
(g) The chair may establish committees as necessary to carry outthis compact and may prescribe their membership, responsibilities, andduration.
Article VII.
Ratification of Compact.
This compact takes effect upon being entered into by two or more statesas between those states and the federal government. When additional statessubsequently enter into this compact, it becomes effective among those statesand the federal government and each party state that has previously ratifiedit. When ratified, this compact has the full force and effect of law within theratifying jurisdictions. The form of ratification must be in accordance withthe laws of the executing state.
Article VIII.
Miscellaneous Provisions.
(a) Administration of this compact may not interfere with themanagement and control of the director of the FBI over the FBI's collection anddissemination of criminal history records and the advisory function of theFBI's advisory policy board chartered under the Federal Advisory Committee Act(5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) Nothing in this compact may require the FBI to obligate orexpend funds beyond those appropriated to the FBI.
(c) Nothing in this compact may diminish or lessen theobligations, responsibilities, and authorities of any state, whether a partystate or a nonparty state, or of any criminal history record repository orother 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 ArticleVI(a), regarding the use and dissemination of criminal history records andinformation.
Article IX.
Renunciation.
(a) This compact shall bind each party state until renounced bythe party state.
(b) Any renunciation of this compact by a party state must:
(1) Be effected in the same manner by which the party stateratified this compact; and
(2) Become effective 180 days after written notice ofrenunciation is provided by the party state to each other party state and tothe federal government.
Article X.
Severability.
The provisions of this compact must be severable. If any phrase,clause, sentence, or provision of this compact is declared to be contrary tothe constitution of any participating state or to the Constitution of theUnited States or if the applicability of any phrase, clause, sentence, or provisionof this compact to any government, agency, person, or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofthe remainder of the compact to any government, agency, person, or circumstancemay not be affected by the severability. If a portion of this compact is heldcontrary to the constitution of any party state, all other portions of thiscompact must remain in full force and effect as to the remaining party statesand in full force and effect as to the party state affected, as to all otherprovisions.
Article XI.
Adjudication of Disputes.
(a) The council:
(1) Has initial authority to make determinations with respect toany dispute regarding:
a. Interpretation of this compact;
b. Any rule or standard established by the council pursuant toArticle VI; and
c. Any dispute or controversy between any parties to thiscompact; and
(2) Shall hold a hearing concerning any dispute described insubdivision (a)(1) of this Article XI at a regularly scheduled meeting of thecouncil and only render a decision based upon a majority vote of the members ofthe council. The decision must be published pursuant to the requirements ofArticle VI(e).
(b) The FBI shall exercise immediate and necessary action topreserve the integrity of the III system, to maintain system policy andstandards, to protect the accuracy and privacy of records, and to preventabuses until the council holds a hearing on the matters.
(c) The FBI or a party state may appeal any decision of thecouncil to the Attorney General and after that appeal may file suit in theappropriate district court of the United States that has original jurisdictionof all cases or controversies arising under this compact. Any suit arisingunder this compact and initiated in a state court must be removed to theappropriate district court of the United States in the manner provided bysection 1446 of Title 28, United States Code, or other statutory authority. (2003‑214, s. 2; 2004‑199, s. 28.)
§ 114‑19.50. The National Crime Prevention andPrivacy Compact.
The National Crime Prevention and Privacy Compact is enacted into lawand entered into with all jurisdictions legally joining in the compact in theform substantially as set forth in this section, as follows:
Preamble.
Whereas, it is in the interest of the State to facilitate thedissemination of criminal history records from other states for use in NorthCarolina as authorized by State law; and
Whereas, the National Crime Prevention and Privacy Compact creates alegal framework for the cooperative exchange of criminal history records fornoncriminal justice purposes; and
Whereas, the compact provides for the organization of an electronicinformation‑sharing system among the federal government and the states toexchange criminal history records for noncriminal justice purposes authorizedby federal or state law, such as background checks for governmental licensingand employment; and
Whereas, under the compact, the FBI and the party states agree tomaintain detailed databases of their respective criminal history records,including arrests and dispositions, and to make them available to the federalgovernment and party states for authorized purposes; and
Whereas, the FBI shall manage the federal data facilities that providea significant part of the infrastructure for the system; and
Whereas, entering into the compact would facilitate the interstate andfederal‑state exchange of criminal history information to streamline theprocessing of background checks for noncriminal justice purposes; and
Whereas, release and use of information obtained through the system fornoncriminal justice purposes would be governed by the laws of the receivingstate; and
Whereas, entering into the compact will provide a mechanism forestablishing and enforcing uniform standards for record accuracy and for theconfidentiality and privacy interests of record subjects.
Article I.
Definitions.
As used in this compact, the following definitions apply:
(1) "Attorney General" means the Attorney General ofthe United States.
(2) "Compact officer" means:
a. With respect to the federal government, an official sodesignated by the director of the FBI; and
b. With respect to a party state, the chief administrator ofthe state's criminal history record repository or a designee of the chiefadministrator who is a regular, full‑time employee of the repository.
(3) "Council" means the compact council establishedunder Article VI.
(4) "Criminal history record repository" means theState Bureau of Investigation's Division of Criminal Information.
(5) "Criminal history records" means informationcollected by criminal justice agencies on individuals consisting ofidentifiable descriptions and notations of arrests, detentions, indictments, orother formal criminal charges and any disposition arising therefrom, includingacquittal, sentencing, correctional supervision, or release. The term does notinclude identification information such as fingerprint records if theinformation does not indicate involvement of the individual with the criminaljustice system.
(6) "Criminal justice" includes activities relating tothe detection, apprehension, detention, pretrial release, posttrial release,prosecution, adjudication, correctional supervision, or rehabilitation ofaccused persons or criminal offenders. The administration of criminal justiceincludes criminal identification activities and the collection, storage, anddissemination of criminal history records.
(7) "Criminal justice agency" means: (i) courts; and(ii) a governmental agency or any subunit of an agency that performs theadministration of criminal justice pursuant to a statute or executive order andallocates a substantial part of its annual budget to the administration ofcriminal justice. The term includes federal and state inspector generaloffices.
(8) "Criminal justice services" means servicesprovided by the FBI to criminal justice agencies in response to a request forinformation about a particular individual or as an update to informationpreviously provided for criminal justice purposes.
(9) "Direct access" means access to the nationalidentification index by computer terminal or other automated means notrequiring the assistance of or intervention by any other party or agency.
(10) "Executive order" means an order of the Presidentof the United States or the chief executive officer of a state that has theforce of law and that is promulgated in accordance with applicable law.
(11) "FBI" means the Federal Bureau of Investigation.
(12) "III system" means the interstate identificationindex system, which is the cooperative federal‑state system for theexchange of criminal history records. The term includes the nationalidentification index, the national fingerprint file, and, to the extent oftheir participation in the system, the criminal history record repositories ofthe states and the FBI.
(13) "National fingerprint file" means a database offingerprints or of other uniquely personal identifying information that relatesto an arrested or charged individual and that is maintained by the FBI toprovide positive identification of record subjects indexed in the III system.
(14) "National identification index" means an indexmaintained by the FBI consisting of names, identifying numbers, and otherdescriptive information relating to record subjects about whom there arecriminal history records in the III system.
(15) "National indices" means the nationalidentification index and the national fingerprint file.
(16) "Noncriminal justice purposes" means uses ofcriminal history records for purposes authorized by federal or state law otherthan purposes relating to criminal justice activities, including employmentsuitability, licensing determinations, immigration and naturalization matters,and national security clearances.
(17) "Nonparty state" means a state that has notratified this compact.
(18) "Party state" means a state that has ratified thiscompact.
(19) "Positive identification" means a determination,based upon a comparison of fingerprints or other equally reliable biometricidentification techniques, that the subject of a record search is the sameperson as the subject of a criminal history record or records indexed in theIII system. Identifications based solely upon a comparison of subjects' namesor other nonunique identification characteristics or numbers, or combinationsthereof, does not constitute positive identification.
(20) "Sealed record information" means:
a. With respect to adults, that portion of a record that is:
1. Not available for criminal justice uses;
2. Not supported by fingerprints or other accepted means ofpositive identification; or
3. Subject to restrictions on dissemination for noncriminaljustice purposes pursuant to a court order related to a particular subject orpursuant to a federal or state statute that requires action on a sealingpetition filed by a particular record subject; and
b. With respect to juveniles, whatever each state determines isa sealed record under its own law and procedure.
(21) "State" means any state, territory, or possessionof the United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article II.
Purposes.
The purposes of this compact are to:
(1) Provide a legal framework for the establishment of acooperative federal‑state system for the interstate and federal‑stateexchange of criminal history records for noncriminal justice uses;
(2) Require the FBI to permit use of the national identificationindex and the national fingerprint file by each party state and to provide, ina timely fashion, federal and state criminal history records to requestingstates, 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 forthe national identification index and the national fingerprint file and toprovide criminal history records, in a timely fashion, to criminal historyrecord repositories of other states and the federal government for noncriminaljustice 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 IIIsystem operations and to prescribe system rules and procedures for theeffective and proper operation of the III system for noncriminal justicepurposes; and
(5) Require the FBI and each party state to adhere to III systemstandards concerning record dissemination and use, response times, systemsecurity, data quality, and other duly established standards, including thosethat enhance the accuracy and privacy of such records.
Article III.
Responsibilities ofCompact Parties.
(a) The director of the FBI shall:
(1) Appoint an FBI compact officer who shall:
a. Administer this compact within the Department of Justice andamong federal agencies and other agencies and organizations that submit searchrequests to the FBI pursuant to Article V(c);
b. Ensure that compact provisions and rules, procedures, andstandards prescribed by the council under Article VI are complied with by theDepartment of Justice and federal agencies and other agencies and organizationsreferred to in sub‑subdivision (a)(1)a. of this Article III; and
c. Regulate the use of records received by means of the IIIsystem from party states when such records are supplied by the FBI directly toother federal agencies;
(2) Provide to federal agencies and to state criminal historyrecord repositories criminal history records maintained in its database for thenoncriminal justice purposes described in Article IV, including:
a. Information from nonparty states; and
b. Information from party states that is available from the FBIthrough the III system but is not available from the party states through theIII system;
(3) Provide a telecommunications network and maintaincentralized facilities for the exchange of criminal history records for bothcriminal justice purposes and the noncriminal justice purposes described inArticle IV and ensure that the exchange of records for criminal justicepurposes has priority over exchange for noncriminal justice purposes; and
(4) Modify or enter into user agreements with nonparty statecriminal history record repositories to require them to establish recordrequest procedures conforming to those prescribed in Article V.
(b) 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, andstandards established by the council under Article VI are complied with in thestate; and
c. Regulate the in‑state use of records received by meansof 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 identificationindex and the national fingerprint file; and
b. The state's III system‑indexed criminal historyrecords for noncriminal justice purposes described in Article IV;
(3) Participate in the national fingerprint file; and
(4) Provide and maintain telecommunications links and relatedequipment necessary to support the criminal justice services set forth in thiscompact.
(c) 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 disseminationand use, response times, data quality, system security, accuracy, privacyprotection, and other aspects of III system operation.
(d) Use of the III system for noncriminal justice purposesauthorized in this compact must be managed so as not to diminish the level ofservices provided in support of criminal justice purposes. Administration ofcompact provisions may not reduce the level of service available to authorizednoncriminal justice users on the effective date of this compact.
Article IV.
Authorized RecordDisclosures.
(a) To the extent authorized by section 552a of Title 5, UnitedStates Code (commonly known as the Privacy Act of 1974), the FBI shall provideon request criminal history records, excluding sealed record information, tostate criminal history record repositories for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(b) The FBI, to the extent authorized by section 552a of Title5, United States Code (commonly known as the Privacy Act of 1974), and statecriminal history record repositories shall provide criminal history records,excluding sealed record information, to criminal justice agencies and othergovernmental or nongovernmental agencies for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(c) Any record obtained under this compact may be used only forthe official purposes for which the record was requested. Each compact officershall establish procedures consistent with this compact and with rules,procedures, and standards established by the council under Article VI, which proceduresshall protect the accuracy and privacy of the records and shall:
(1) Ensure that records obtained under this compact are usedonly by authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested toobtain current information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used fora particular noncriminal justice purpose are deleted from the response and, ifno information authorized for release remains, that an appropriate "norecord" response is communicated to the requesting official.
Article V.
Record RequestProcedures.
(a) Subject fingerprints or other approved forms of positiveidentification must be submitted with all requests for criminal history recordchecks for noncriminal justice purposes.
(b) Each request for a criminal history record check utilizingthe national indices made under any approved state statute must be submittedthrough that state's criminal history record repository. A state criminalhistory record repository shall process an interstate request for noncriminaljustice purposes through the national indices only if the request istransmitted through another state criminal history record repository or theFBI.
(c) Each request for criminal history record checks utilizingthe national indices made under federal authority must be submitted through theFBI or, if the state criminal history record repository consents to processfingerprint submissions, through the criminal history record repository in thestate in which the request originated. Direct access to the nationalidentification index by entities other than the FBI and state criminal historyrecord repositories may not be permitted for noncriminal justice purposes.
(d) A state criminal history record repository or the FBI:
(1) May charge a fee, in accordance with applicable law, forhandling a request involving fingerprint processing for noncriminal justicepurposes; and
(2) May not charge a fee for providing criminal history recordsin response to an electronic request for a record that does not involve arequest to process fingerprints.
(e) (1) If astate criminal history record repository cannot positively identify the subjectof a record request made for noncriminal justice purposes, the request,together with fingerprints or other approved identifying information, must beforwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a state criminalhistory record repository under subdivision (e)(1) of this Article V, the FBIpositively identifies the subject as having a III system‑indexed recordor records:
a. The FBI shall so advise the state criminal history recordrepository; and
b. The state criminal history record repository is entitled toobtain the additional criminal history record information from the FBI or otherstate criminal history record repositories.
Article VI.
Establishment of CompactCouncil.
(a) There is established a council to be known as the compactcouncil which has the authority to promulgate rules and procedures governingthe use of the III system for noncriminal justice purposes, not to conflictwith FBI administration of the III system for criminal justice purposes. Thecouncil shall:
(1) Continue in existence as long as this compact remains ineffect;
(2) Be located, for administrative purposes, within the FBI; and
(3) Be organized and hold its first meeting as soon aspracticable after the effective date of this compact.
(b) The council must be composed of 15 members, each of whommust be appointed by the Attorney General, as follows:
(1) Nine members, each of whom shall serve a two‑yearterm, who must be selected from among the compact officers of party statesbased on the recommendation of the compact officers of all party states, exceptthat in the absence of the requisite number of compact officers available toserve, the chief administrators of the criminal history record repositories ofnonparty states must be eligible to serve on an interim basis;
(2) Two at‑large members, nominated by the director of theFBI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of the criminal justiceagencies of the federal government and may not be an employee of the FBI; and
b. One must be a representative of the noncriminal justiceagencies of the federal government;
(3) Two at‑large members, nominated by the chair of thecouncil once the chair is elected pursuant to subsection (c) of this ArticleVI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of state or local criminaljustice agencies; and
b. One must be a representative of state or local noncriminaljustice agencies;
(4) One member who shall serve a three‑year term and whoshall simultaneously be a member of the FBI's advisory policy board on criminaljustice information services, nominated by the membership of that policy board;and
(5) One member, nominated by the director of the FBI, who shallserve a three‑year term and who must be an employee of the FBI.
(c) From its membership, the council shall elect a chair and avice‑chair of the council. Both the chair and vice‑chair of thecouncil: (i) must be a compact officer, unless there is no compact officer onthe council who is willing to serve, in which case the chair may be an at‑largemember and (ii) shall serve two‑year terms and may be reelected to onlyone additional two‑year term. The vice‑chair of the council shallserve as the chair of the council in the absence of the chair.
(d) The council shall meet at least once each year at the callof the chair. Each meeting of the council must be open to the public. Thecouncil shall provide prior public notice in the federal register of eachmeeting of the council, including the matters to be addressed at the meeting. Amajority of the council or any committee of the council shall constitute aquorum of the council or of a committee, respectively, for the conduct ofbusiness. A lesser number may meet to hold hearings, take testimony, or conductany business not requiring a vote.
(e) The council shall make available for public inspection andcopying at the council office within the FBI and shall publish in the federalregister any rules, procedures, or standards established by the council.
(f) The council may request from the FBI reports, studies,statistics, or other information or materials that the council determines to benecessary to enable the council to perform its duties under this compact. TheFBI, to the extent authorized by law, may provide assistance or informationupon a request.
(g) The chair may establish committees as necessary to carry outthis compact and may prescribe their membership, responsibilities, andduration.
Article VII.
Ratification of Compact.
This compact takes effect upon being entered into by two or more statesas between those states and the federal government. When additional statessubsequently enter into this compact, it becomes effective among those statesand the federal government and each party state that has previously ratifiedit. When ratified, this compact has the full force and effect of law within theratifying jurisdictions. The form of ratification must be in accordance withthe laws of the executing state.
Article VIII.
Miscellaneous Provisions.
(a) Administration of this compact may not interfere with themanagement and control of the director of the FBI over the FBI's collection anddissemination of criminal history records and the advisory function of theFBI's advisory policy board chartered under the Federal Advisory Committee Act(5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) Nothing in this compact may require the FBI to obligate orexpend funds beyond those appropriated to the FBI.
(c) Nothing in this compact may diminish or lessen theobligations, responsibilities, and authorities of any state, whether a partystate or a nonparty state, or of any criminal history record repository orother 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 ArticleVI(a), regarding the use and dissemination of criminal history records andinformation.
Article IX.
Renunciation.
(a) This compact shall bind each party state until renounced bythe party state.
(b) Any renunciation of this compact by a party state must:
(1) Be effected in the same manner by which the party stateratified this compact; and
(2) Become effective 180 days after written notice ofrenunciation is provided by the party state to each other party state and tothe federal government.
Article X.
Severability.
The provisions of this compact must be severable. If any phrase,clause, sentence, or provision of this compact is declared to be contrary tothe constitution of any participating state or to the Constitution of theUnited States or if the applicability of any phrase, clause, sentence, or provisionof this compact to any government, agency, person, or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofthe remainder of the compact to any government, agency, person, or circumstancemay not be affected by the severability. If a portion of this compact is heldcontrary to the constitution of any party state, all other portions of thiscompact must remain in full force and effect as to the remaining party statesand in full force and effect as to the party state affected, as to all otherprovisions.
Article XI.
Adjudication of Disputes.
(a) The council:
(1) Has initial authority to make determinations with respect toany dispute regarding:
a. Interpretation of this compact;
b. Any rule or standard established by the council pursuant toArticle VI; and
c. Any dispute or controversy between any parties to thiscompact; and
(2) Shall hold a hearing concerning any dispute described insubdivision (a)(1) of this Article XI at a regularly scheduled meeting of thecouncil and only render a decision based upon a majority vote of the members ofthe council. The decision must be published pursuant to the requirements ofArticle VI(e).
(b) The FBI shall exercise immediate and necessary action topreserve the integrity of the III system, to maintain system policy andstandards, to protect the accuracy and privacy of records, and to preventabuses until the council holds a hearing on the matters.
(c) The FBI or a party state may appeal any decision of thecouncil to the Attorney General and after that appeal may file suit in theappropriate district court of the United States that has original jurisdictionof all cases or controversies arising under this compact. Any suit arisingunder this compact and initiated in a state court must be removed to theappropriate district court of the United States in the manner provided bysection 1446 of Title 28, United States Code, or other statutory authority. (2003‑214, s. 2; 2004‑199, s. 28.)
§ 114‑19.50. The National Crime Prevention andPrivacy Compact.
The National Crime Prevention and Privacy Compact is enacted into lawand entered into with all jurisdictions legally joining in the compact in theform substantially as set forth in this section, as follows:
Preamble.
Whereas, it is in the interest of the State to facilitate thedissemination of criminal history records from other states for use in NorthCarolina as authorized by State law; and
Whereas, the National Crime Prevention and Privacy Compact creates alegal framework for the cooperative exchange of criminal history records fornoncriminal justice purposes; and
Whereas, the compact provides for the organization of an electronicinformation‑sharing system among the federal government and the states toexchange criminal history records for noncriminal justice purposes authorizedby federal or state law, such as background checks for governmental licensingand employment; and
Whereas, under the compact, the FBI and the party states agree tomaintain detailed databases of their respective criminal history records,including arrests and dispositions, and to make them available to the federalgovernment and party states for authorized purposes; and
Whereas, the FBI shall manage the federal data facilities that providea significant part of the infrastructure for the system; and
Whereas, entering into the compact would facilitate the interstate andfederal‑state exchange of criminal history information to streamline theprocessing of background checks for noncriminal justice purposes; and
Whereas, release and use of information obtained through the system fornoncriminal justice purposes would be governed by the laws of the receivingstate; and
Whereas, entering into the compact will provide a mechanism forestablishing and enforcing uniform standards for record accuracy and for theconfidentiality and privacy interests of record subjects.
Article I.
Definitions.
As used in this compact, the following definitions apply:
(1) "Attorney General" means the Attorney General ofthe United States.
(2) "Compact officer" means:
a. With respect to the federal government, an official sodesignated by the director of the FBI; and
b. With respect to a party state, the chief administrator ofthe state's criminal history record repository or a designee of the chiefadministrator who is a regular, full‑time employee of the repository.
(3) "Council" means the compact council establishedunder Article VI.
(4) "Criminal history record repository" means theState Bureau of Investigation's Division of Criminal Information.
(5) "Criminal history records" means informationcollected by criminal justice agencies on individuals consisting ofidentifiable descriptions and notations of arrests, detentions, indictments, orother formal criminal charges and any disposition arising therefrom, includingacquittal, sentencing, correctional supervision, or release. The term does notinclude identification information such as fingerprint records if theinformation does not indicate involvement of the individual with the criminaljustice system.
(6) "Criminal justice" includes activities relating tothe detection, apprehension, detention, pretrial release, posttrial release,prosecution, adjudication, correctional supervision, or rehabilitation ofaccused persons or criminal offenders. The administration of criminal justiceincludes criminal identification activities and the collection, storage, anddissemination of criminal history records.
(7) "Criminal justice agency" means: (i) courts; and(ii) a governmental agency or any subunit of an agency that performs theadministration of criminal justice pursuant to a statute or executive order andallocates a substantial part of its annual budget to the administration ofcriminal justice. The term includes federal and state inspector generaloffices.
(8) "Criminal justice services" means servicesprovided by the FBI to criminal justice agencies in response to a request forinformation about a particular individual or as an update to informationpreviously provided for criminal justice purposes.
(9) "Direct access" means access to the nationalidentification index by computer terminal or other automated means notrequiring the assistance of or intervention by any other party or agency.
(10) "Executive order" means an order of the Presidentof the United States or the chief executive officer of a state that has theforce of law and that is promulgated in accordance with applicable law.
(11) "FBI" means the Federal Bureau of Investigation.
(12) "III system" means the interstate identificationindex system, which is the cooperative federal‑state system for theexchange of criminal history records. The term includes the nationalidentification index, the national fingerprint file, and, to the extent oftheir participation in the system, the criminal history record repositories ofthe states and the FBI.
(13) "National fingerprint file" means a database offingerprints or of other uniquely personal identifying information that relatesto an arrested or charged individual and that is maintained by the FBI toprovide positive identification of record subjects indexed in the III system.
(14) "National identification index" means an indexmaintained by the FBI consisting of names, identifying numbers, and otherdescriptive information relating to record subjects about whom there arecriminal history records in the III system.
(15) "National indices" means the nationalidentification index and the national fingerprint file.
(16) "Noncriminal justice purposes" means uses ofcriminal history records for purposes authorized by federal or state law otherthan purposes relating to criminal justice activities, including employmentsuitability, licensing determinations, immigration and naturalization matters,and national security clearances.
(17) "Nonparty state" means a state that has notratified this compact.
(18) "Party state" means a state that has ratified thiscompact.
(19) "Positive identification" means a determination,based upon a comparison of fingerprints or other equally reliable biometricidentification techniques, that the subject of a record search is the sameperson as the subject of a criminal history record or records indexed in theIII system. Identifications based solely upon a comparison of subjects' namesor other nonunique identification characteristics or numbers, or combinationsthereof, does not constitute positive identification.
(20) "Sealed record information" means:
a. With respect to adults, that portion of a record that is:
1. Not available for criminal justice uses;
2. Not supported by fingerprints or other accepted means ofpositive identification; or
3. Subject to restrictions on dissemination for noncriminaljustice purposes pursuant to a court order related to a particular subject orpursuant to a federal or state statute that requires action on a sealingpetition filed by a particular record subject; and
b. With respect to juveniles, whatever each state determines isa sealed record under its own law and procedure.
(21) "State" means any state, territory, or possessionof the United States, the District of Columbia, and the Commonwealth of PuertoRico.
Article II.
Purposes.
The purposes of this compact are to:
(1) Provide a legal framework for the establishment of acooperative federal‑state system for the interstate and federal‑stateexchange of criminal history records for noncriminal justice uses;
(2) Require the FBI to permit use of the national identificationindex and the national fingerprint file by each party state and to provide, ina timely fashion, federal and state criminal history records to requestingstates, 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 forthe national identification index and the national fingerprint file and toprovide criminal history records, in a timely fashion, to criminal historyrecord repositories of other states and the federal government for noncriminaljustice 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 IIIsystem operations and to prescribe system rules and procedures for theeffective and proper operation of the III system for noncriminal justicepurposes; and
(5) Require the FBI and each party state to adhere to III systemstandards concerning record dissemination and use, response times, systemsecurity, data quality, and other duly established standards, including thosethat enhance the accuracy and privacy of such records.
Article III.
Responsibilities ofCompact Parties.
(a) The director of the FBI shall:
(1) Appoint an FBI compact officer who shall:
a. Administer this compact within the Department of Justice andamong federal agencies and other agencies and organizations that submit searchrequests to the FBI pursuant to Article V(c);
b. Ensure that compact provisions and rules, procedures, andstandards prescribed by the council under Article VI are complied with by theDepartment of Justice and federal agencies and other agencies and organizationsreferred to in sub‑subdivision (a)(1)a. of this Article III; and
c. Regulate the use of records received by means of the IIIsystem from party states when such records are supplied by the FBI directly toother federal agencies;
(2) Provide to federal agencies and to state criminal historyrecord repositories criminal history records maintained in its database for thenoncriminal justice purposes described in Article IV, including:
a. Information from nonparty states; and
b. Information from party states that is available from the FBIthrough the III system but is not available from the party states through theIII system;
(3) Provide a telecommunications network and maintaincentralized facilities for the exchange of criminal history records for bothcriminal justice purposes and the noncriminal justice purposes described inArticle IV and ensure that the exchange of records for criminal justicepurposes has priority over exchange for noncriminal justice purposes; and
(4) Modify or enter into user agreements with nonparty statecriminal history record repositories to require them to establish recordrequest procedures conforming to those prescribed in Article V.
(b) 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, andstandards established by the council under Article VI are complied with in thestate; and
c. Regulate the in‑state use of records received by meansof 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 identificationindex and the national fingerprint file; and
b. The state's III system‑indexed criminal historyrecords for noncriminal justice purposes described in Article IV;
(3) Participate in the national fingerprint file; and
(4) Provide and maintain telecommunications links and relatedequipment necessary to support the criminal justice services set forth in thiscompact.
(c) 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 disseminationand use, response times, data quality, system security, accuracy, privacyprotection, and other aspects of III system operation.
(d) Use of the III system for noncriminal justice purposesauthorized in this compact must be managed so as not to diminish the level ofservices provided in support of criminal justice purposes. Administration ofcompact provisions may not reduce the level of service available to authorizednoncriminal justice users on the effective date of this compact.
Article IV.
Authorized RecordDisclosures.
(a) To the extent authorized by section 552a of Title 5, UnitedStates Code (commonly known as the Privacy Act of 1974), the FBI shall provideon request criminal history records, excluding sealed record information, tostate criminal history record repositories for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(b) The FBI, to the extent authorized by section 552a of Title5, United States Code (commonly known as the Privacy Act of 1974), and statecriminal history record repositories shall provide criminal history records,excluding sealed record information, to criminal justice agencies and othergovernmental or nongovernmental agencies for noncriminal justice purposesallowed by federal statute, federal executive order, or a state statute thathas been approved by the Attorney General to ensure that the state statuteexplicitly authorizes national indices checks.
(c) Any record obtained under this compact may be used only forthe official purposes for which the record was requested. Each compact officershall establish procedures consistent with this compact and with rules,procedures, and standards established by the council under Article VI, which proceduresshall protect the accuracy and privacy of the records and shall:
(1) Ensure that records obtained under this compact are usedonly by authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested toobtain current information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used fora particular noncriminal justice purpose are deleted from the response and, ifno information authorized for release remains, that an appropriate "norecord" response is communicated to the requesting official.
Article V.
Record RequestProcedures.
(a) Subject fingerprints or other approved forms of positiveidentification must be submitted with all requests for criminal history recordchecks for noncriminal justice purposes.
(b) Each request for a criminal history record check utilizingthe national indices made under any approved state statute must be submittedthrough that state's criminal history record repository. A state criminalhistory record repository shall process an interstate request for noncriminaljustice purposes through the national indices only if the request istransmitted through another state criminal history record repository or theFBI.
(c) Each request for criminal history record checks utilizingthe national indices made under federal authority must be submitted through theFBI or, if the state criminal history record repository consents to processfingerprint submissions, through the criminal history record repository in thestate in which the request originated. Direct access to the nationalidentification index by entities other than the FBI and state criminal historyrecord repositories may not be permitted for noncriminal justice purposes.
(d) A state criminal history record repository or the FBI:
(1) May charge a fee, in accordance with applicable law, forhandling a request involving fingerprint processing for noncriminal justicepurposes; and
(2) May not charge a fee for providing criminal history recordsin response to an electronic request for a record that does not involve arequest to process fingerprints.
(e) (1) If astate criminal history record repository cannot positively identify the subjectof a record request made for noncriminal justice purposes, the request,together with fingerprints or other approved identifying information, must beforwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a state criminalhistory record repository under subdivision (e)(1) of this Article V, the FBIpositively identifies the subject as having a III system‑indexed recordor records:
a. The FBI shall so advise the state criminal history recordrepository; and
b. The state criminal history record repository is entitled toobtain the additional criminal history record information from the FBI or otherstate criminal history record repositories.
Article VI.
Establishment of CompactCouncil.
(a) There is established a council to be known as the compactcouncil which has the authority to promulgate rules and procedures governingthe use of the III system for noncriminal justice purposes, not to conflictwith FBI administration of the III system for criminal justice purposes. Thecouncil shall:
(1) Continue in existence as long as this compact remains ineffect;
(2) Be located, for administrative purposes, within the FBI; and
(3) Be organized and hold its first meeting as soon aspracticable after the effective date of this compact.
(b) The council must be composed of 15 members, each of whommust be appointed by the Attorney General, as follows:
(1) Nine members, each of whom shall serve a two‑yearterm, who must be selected from among the compact officers of party statesbased on the recommendation of the compact officers of all party states, exceptthat in the absence of the requisite number of compact officers available toserve, the chief administrators of the criminal history record repositories ofnonparty states must be eligible to serve on an interim basis;
(2) Two at‑large members, nominated by the director of theFBI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of the criminal justiceagencies of the federal government and may not be an employee of the FBI; and
b. One must be a representative of the noncriminal justiceagencies of the federal government;
(3) Two at‑large members, nominated by the chair of thecouncil once the chair is elected pursuant to subsection (c) of this ArticleVI, each of whom shall serve a three‑year term, of whom:
a. One must be a representative of state or local criminaljustice agencies; and
b. One must be a representative of state or local noncriminaljustice agencies;
(4) One member who shall serve a three‑year term and whoshall simultaneously be a member of the FBI's advisory policy board on criminaljustice information services, nominated by the membership of that policy board;and
(5) One member, nominated by the director of the FBI, who shallserve a three‑year term and who must be an employee of the FBI.
(c) From its membership, the council shall elect a chair and avice‑chair of the council. Both the chair and vice‑chair of thecouncil: (i) must be a compact officer, unless there is no compact officer onthe council who is willing to serve, in which case the chair may be an at‑largemember and (ii) shall serve two‑year terms and may be reelected to onlyone additional two‑year term. The vice‑chair of the council shallserve as the chair of the council in the absence of the chair.
(d) The council shall meet at least once each year at the callof the chair. Each meeting of the council must be open to the public. Thecouncil shall provide prior public notice in the federal register of eachmeeting of the council, including the matters to be addressed at the meeting. Amajority of the council or any committee of the council shall constitute aquorum of the council or of a committee, respectively, for the conduct ofbusiness. A lesser number may meet to hold hearings, take testimony, or conductany business not requiring a vote.
(e) The council shall make available for public inspection andcopying at the council office within the FBI and shall publish in the federalregister any rules, procedures, or standards established by the council.
(f) The council may request from the FBI reports, studies,statistics, or other information or materials that the council determines to benecessary to enable the council to perform its duties under this compact. TheFBI, to the extent authorized by law, may provide assistance or informationupon a request.
(g) The chair may establish committees as necessary to carry outthis compact and may prescribe their membership, responsibilities, andduration.
Article VII.
Ratification of Compact.
This compact takes effect upon being entered into by two or more statesas between those states and the federal government. When additional statessubsequently enter into this compact, it becomes effective among those statesand the federal government and each party state that has previously ratifiedit. When ratified, this compact has the full force and effect of law within theratifying jurisdictions. The form of ratification must be in accordance withthe laws of the executing state.
Article VIII.
Miscellaneous Provisions.
(a) Administration of this compact may not interfere with themanagement and control of the director of the FBI over the FBI's collection anddissemination of criminal history records and the advisory function of theFBI's advisory policy board chartered under the Federal Advisory Committee Act(5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) Nothing in this compact may require the FBI to obligate orexpend funds beyond those appropriated to the FBI.
(c) Nothing in this compact may diminish or lessen theobligations, responsibilities, and authorities of any state, whether a partystate or a nonparty state, or of any criminal history record repository orother 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 ArticleVI(a), regarding the use and dissemination of criminal history records andinformation.
Article IX.
Renunciation.
(a) This compact shall bind each party state until renounced bythe party state.
(b) Any renunciation of this compact by a party state must:
(1) Be effected in the same manner by which the party stateratified this compact; and
(2) Become effective 180 days after written notice ofrenunciation is provided by the party state to each other party state and tothe federal government.
Article X.
Severability.
The provisions of this compact must be severable. If any phrase,clause, sentence, or provision of this compact is declared to be contrary tothe constitution of any participating state or to the Constitution of theUnited States or if the applicability of any phrase, clause, sentence, or provisionof this compact to any government, agency, person, or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofthe remainder of the compact to any government, agency, person, or circumstancemay not be affected by the severability. If a portion of this compact is heldcontrary to the constitution of any party state, all other portions of thiscompact must remain in full force and effect as to the remaining party statesand in full force and effect as to the party state affected, as to all otherprovisions.
Article XI.
Adjudication of Disputes.
(a) The council:
(1) Has initial authority to make determinations with respect toany dispute regarding:
a. Interpretation of this compact;
b. Any rule or standard established by the council pursuant toArticle VI; and
c. Any dispute or controversy between any parties to thiscompact; and
(2) Shall hold a hearing concerning any dispute described insubdivision (a)(1) of this Article XI at a regularly scheduled meeting of thecouncil and only render a decision based upon a majority vote of the members ofthe council. The decision must be published pursuant to the requirements ofArticle VI(e).
(b) The FBI shall exercise immediate and necessary action topreserve the integrity of the III system, to maintain system policy andstandards, to protect the accuracy and privacy of records, and to preventabuses until the council holds a hearing on the matters.
(c) The FBI or a party state may appeal any decision of thecouncil to the Attorney General and after that appeal may file suit in theappropriate district court of the United States that has original jurisdictionof all cases or controversies arising under this compact. Any suit arisingunder this compact and initiated in a state court must be removed to theappropriate district court of the United States in the manner provided bysection 1446 of Title 28, United States Code, or other statutory authority. (2003‑214, s. 2; 2004‑199, s. 28.)
