Section 10-237 – Established

    The National Crime Prevention and Privacy Compact is hereby entered into and enacted with any and all of the states and the federal government legally joining the Compact in the form substantially as follows.

Section 10-238 – Electronic Information Sharing System

    (a)    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)    Under this Compact, the FBI and the party states agree to maintain detailed databases of their […]

Section 10-239 – Definitions

    (a)    In this part the following words have the meanings indicated.     (b)    “Attorney General” means the Attorney General of the United States.     (c)    “Compact officer” means:         (1)    with respect to the federal government, an official so designated by the Director of the FBI; and         (2)    with respect to a party state, the chief administrator of the state’s criminal history records […]

Section 10-240 – Purposes of the Compact

    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 […]

Section 10-241 – Responsibilities of Fbi Director and Party State Under Compact

    (a)    The Director of the FBI shall:         (1)    appoint an FBI Compact officer who shall:             (i)    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 Section 10-243(c) of this subtitle;             (ii)    ensure that Compact provisions and rules, procedures, and standards prescribed by […]

Section 10-242 – Criminal History Records

    (a)    To the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history records repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved […]

Section 10-243 – Criminal History Records — Procedure

    (a)    Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history records checks for noncriminal justice purposes.     (b)    Each request for a criminal history records check utilizing the national indices made under any approved state statute shall be submitted through that state’s criminal history records repository. A state criminal […]

Section 10-244 – Compact Council

    (a)    (1)    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)    The Council shall:             (i)    continue in existence as long […]

Section 10-245 – Effective Date; Ratification

    (a)    This Compact shall take effect upon being entered into by two 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.     (b)    When ratified, this Compact […]

Section 10-246 – Matters Not Affected by Compact

    (a)    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 (APB) chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal […]

Section 10-247 – Renunciation of Compact

    (a)    This Compact shall bind each party state until renounced by the party state.     (b)    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 […]

Section 10-248 – Severability of Provisions

    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 […]

Section 10-249 – Adjudication of Disputes

    (a)    The Council shall:         (1)    have initial authority to make determinations with respect to any dispute regarding:             (i)    interpretation of this Compact;             (ii)    any rule or standard established by the Council pursuant to Section 10-244 of this subtitle; and             (iii)    any dispute or controversy between any parties to this Compact; and         (2)    hold a hearing concerning any dispute described in paragraph […]

Section 10-250 – Designation of Compact Officer

    The Secretary of the Department of Public Safety and Correctional Services shall designate a Compact officer in accordance with Section 10-239 of this subtitle.