1. U.S. Code
  2. title 34
  3. subtitle IV
  4. chapter 403
  5. subchapter II
  6. § 40316

Collapse to view only § 40316. National Crime Prevention and Privacy Compact

§ 40311. Findings
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.
(Pub. L. 105–251, title II, § 212, Oct. 9, 1998, 112 Stat. 1874.)

CITE AS: 34 USC 40311

§ 40312. Definitions
In this subchapter:
(1) Attorney General
(2) Compact
(3) Council
(4) FBI
(5) Party State
(6) State
(Pub. L. 105–251, title II, § 213, Oct. 9, 1998, 112 Stat. 1874.)

CITE AS: 34 USC 40312

§ 40313. Enactment and consent of the United States

The National Crime Prevention and Privacy Compact, as set forth in section 40316 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.

(Pub. L. 105–251, title II, § 214, Oct. 9, 1998, 112 Stat. 1875.)

CITE AS: 34 USC 40313

§ 40314. Effect on other laws
(a) Privacy Act of 1974
(b) Access to certain records not affectedNothing 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 1
1 See References in Text note below.
[34 U.S.C. 40101 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
(d) Chapter 10 of title 5
(e) Members of Council not Federal officers or employeesMembers 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.
(Pub. L. 105–251, title II, § 215, Oct. 9, 1998, 112 Stat. 1875; Pub. L. 117–286, § 4(a)(213), Dec. 27, 2022, 136 Stat. 4329.)

CITE AS: 34 USC 40314

§ 40315. Enforcement and implementation

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.

(Pub. L. 105–251, title II, § 216, Oct. 9, 1998, 112 Stat. 1875.)

CITE AS: 34 USC 40315

§ 40316. National Crime Prevention and Privacy Compact

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

(Pub. L. 105–251, title II, § 217, Oct. 9, 1998, 112 Stat. 1876; Pub. L. 117–286, § 4(a)(214), Dec. 27, 2022, 136 Stat. 4329.)

CITE AS: 34 USC 40316