---
kind: "section"
citation: "34 U.S.C. § 40316"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40316"
heading: "National Crime Prevention and Privacy Compact"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40316"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 403 — Criminal Justice Identification, Information, and Communication"
  - "Subchapter II — Exchange of Criminal History Records for Noncriminal Justice Purposes"
---

# §40316. National Crime Prevention and Privacy Compact


The Contracting Parties agree to the following:

Overview

(a) In general

This [Compact](/usc/34/40312.md?p=2) organizes an electronic information sharing system among the Federal Government and the [States](/usc/34/40312.md?p=6) to exchange criminal history records for noncriminal justice purposes authorized by Federal or [State](/usc/34/40312.md?p=6) law, such as background checks for governmental licensing and employment.

(b) Obligations of parties

Under this [Compact](/usc/34/40312.md?p=2), the [FBI](/usc/34/40312.md?p=4) and the [Party States](/usc/34/40312.md?p=5) 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](/usc/34/40312.md?p=5) for authorized purposes. The [FBI](/usc/34/40312.md?p=4) shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.

ARTICLE I—DEFINITIONS

In this [Compact](/usc/34/40312.md?p=2):

(1) [Attorney General](/usc/34/40312.md?p=1)

The term “[Attorney General](/usc/34/40312.md?p=1)” means the [Attorney General](/usc/34/40312.md?p=1) of the United States.

(2) [Compact](/usc/34/40312.md?p=2) officer

The term “[Compact](/usc/34/40312.md?p=2) officer” means—

(A) with respect to the Federal Government, an official so designated by the Director of the [FBI](/usc/34/40312.md?p=4); and

(B) with respect to a [Party State](/usc/34/40312.md?p=5), the chief administrator of the [State](/usc/34/40312.md?p=6)’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

(3) [Council](/usc/34/40312.md?p=3)

The term “[Council](/usc/34/40312.md?p=3)” means the [Compact](/usc/34/40312.md?p=2) [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=6) agency designated by the Governor or other appropriate executive official or the legislature of a [State](/usc/34/40312.md?p=6) to perform centralized recordkeeping functions for criminal history records and services in the [State](/usc/34/40312.md?p=6).

(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](/usc/34/40312.md?p=6) inspectors general offices.

(8) Criminal justice services

The term “criminal justice services” means services provided by the [FBI](/usc/34/40312.md?p=4) 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](/usc/34/40312.md?p=4).

(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](/usc/34/40312.md?p=6) that has the force of law and that is promulgated in accordance with applicable law.

(12) [FBI](/usc/34/40312.md?p=4)

The term “[FBI](/usc/34/40312.md?p=4)” means the Federal Bureau of Investigation.

(13) Interstate Identification System[^1]

The term “Interstate Identification Index System” or “III System”—

(A) means the cooperative Federal-[State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=6) and the [FBI](/usc/34/40312.md?p=4).

(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](/usc/34/40312.md?p=4) 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](/usc/34/40312.md?p=4) 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](/usc/34/40312.md?p=6) that has not ratified this [Compact](/usc/34/40312.md?p=2).

(18) Noncriminal justice purposes

The term “noncriminal justice purposes” means uses of criminal history records for purposes authorized by Federal or [State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=5)

The term “[Party State](/usc/34/40312.md?p=5)” means a [State](/usc/34/40312.md?p=6) that has ratified this [Compact](/usc/34/40312.md?p=2).

(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](/usc/34/40903.md?p=1) related to a particular subject or pursuant to a Federal or [State](/usc/34/40312.md?p=6) statute that requires action on a sealing petition filed by a particular record subject; and

(B) with respect to juveniles, whatever each [State](/usc/34/40312.md?p=6) determines is a sealed record under its own law and procedure.

(22) [State](/usc/34/40312.md?p=6)

The term “[State](/usc/34/40312.md?p=6)” means any [State](/usc/34/40312.md?p=6), 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](/usc/34/40312.md?p=2) are to—

(1) provide a legal framework for the establishment of a cooperative Federal-[State](/usc/34/40312.md?p=6) system for the interstate and Federal-[State](/usc/34/40312.md?p=6) exchange of criminal history records for noncriminal justice uses;

(2) require the [FBI](/usc/34/40312.md?p=4) to permit use of the National Identification Index and the National Fingerprint File by each [Party State](/usc/34/40312.md?p=5), and to provide, in a timely fashion, Federal and [State](/usc/34/40312.md?p=6) criminal history records to requesting [States](/usc/34/40312.md?p=6), in accordance with the terms of this [Compact](/usc/34/40312.md?p=2) and with rules, procedures, and standards established by the [Council](/usc/34/40312.md?p=3) under Article VI;

(3) require [Party States](/usc/34/40312.md?p=5) 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](/usc/34/40312.md?p=6) and the Federal Government for noncriminal justice purposes, in accordance with the terms of this [Compact](/usc/34/40312.md?p=2) and with rules, procedures, and standards established by the [Council](/usc/34/40312.md?p=3) under Article VI;

(4) provide for the establishment of a [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=4) and each [Party State](/usc/34/40312.md?p=5) 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](/usc/34/40312.md?p=2) PARTIES

(a) [FBI](/usc/34/40312.md?p=4) responsibilities

The Director of the [FBI](/usc/34/40312.md?p=4) shall—

(1) appoint an [FBI](/usc/34/40312.md?p=4) [Compact](/usc/34/40312.md?p=2) officer who shall—

(A) administer this [Compact](/usc/34/40312.md?p=2) within the Department of Justice and among Federal agencies and other agencies and organizations that submit search requests to the [FBI](/usc/34/40312.md?p=4) pursuant to Article V(c);

(B) ensure that [Compact](/usc/34/40312.md?p=2) provisions and rules, procedures, and standards prescribed by the [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=5) when such records are supplied by the [FBI](/usc/34/40312.md?p=4) directly to other Federal agencies;

(2) provide to Federal agencies and to [State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=5) that is available from the [FBI](/usc/34/40312.md?p=4) through the III System, but is not available from the [Party State](/usc/34/40312.md?p=5) 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](/usc/34/40312.md?p=6) responsibilities

Each [Party State](/usc/34/40312.md?p=5) shall—

(1) appoint a [Compact](/usc/34/40312.md?p=2) officer who shall—

(A) administer this [Compact](/usc/34/40312.md?p=2) within that [State](/usc/34/40312.md?p=6);

(B) ensure that [Compact](/usc/34/40312.md?p=2) provisions and rules, procedures, and standards established by the [Council](/usc/34/40312.md?p=3) under Article VI are complied with in the [State](/usc/34/40312.md?p=6); and

(C) regulate the in-[State](/usc/34/40312.md?p=6) use of records received by means of the III System from the [FBI](/usc/34/40312.md?p=4) or from other [Party States](/usc/34/40312.md?p=5);

(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](/usc/34/40312.md?p=6)’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](/usc/34/40312.md?p=2).

(c) Compliance with III System standards

In carrying out their responsibilities under this [Compact](/usc/34/40312.md?p=2), the [FBI](/usc/34/40312.md?p=4) and each [Party State](/usc/34/40312.md?p=5) shall comply with III System rules, procedures, and standards duly established by the [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=2) shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(2) Administration of [Compact](/usc/34/40312.md?p=2) provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this [Compact](/usc/34/40312.md?p=2).

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

(a) [State](/usc/34/40312.md?p=6) criminal history record repositories

To the extent authorized by [section 552a of title 5](/usc/5/552a.md), United States Code (commonly known as the “Privacy Act of 1974”), the [FBI](/usc/34/40312.md?p=4) shall provide on request criminal history records (excluding sealed records) to [State](/usc/34/40312.md?p=6) criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a [State](/usc/34/40312.md?p=6) statute that has been approved by the [Attorney General](/usc/34/40312.md?p=1) and that authorizes national indices checks.

(b) Criminal justice agencies and other governmental or nongovernmental agencies

The [FBI](/usc/34/40312.md?p=4), to the extent authorized by [section 552a of title 5](/usc/5/552a.md), United States Code (commonly known as the “Privacy Act of 1974”), and [State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=6) statute that has been approved by the [Attorney General](/usc/34/40312.md?p=1), that authorizes national indices checks.

(c) Procedures

Any record obtained under this [Compact](/usc/34/40312.md?p=2) may be used only for the official purposes for which the record was requested. Each [Compact](/usc/34/40312.md?p=2) officer shall establish procedures, consistent with this [Compact](/usc/34/40312.md?p=2), and with rules, procedures, and standards established by the [Council](/usc/34/40312.md?p=3) under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall—

(1) ensure that records obtained under this [Compact](/usc/34/40312.md?p=2) 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](/usc/34/40312.md?p=6) requests

Each request for a criminal history record check utilizing the national indices made under any approved [State](/usc/34/40312.md?p=6) statute shall be submitted through that [State](/usc/34/40312.md?p=6)’s criminal history record repository. A [State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=6) criminal history record repository or the [FBI](/usc/34/40312.md?p=4).

(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](/usc/34/40312.md?p=4) or, if the [State](/usc/34/40312.md?p=6) criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the [State](/usc/34/40312.md?p=6) in which such request originated. Direct access to the National Identification Index by entities other than the [FBI](/usc/34/40312.md?p=4) and [State](/usc/34/40312.md?p=6) criminal history records repositories shall not be permitted for noncriminal justice purposes.

(d) Fees

A [State](/usc/34/40312.md?p=6) criminal history record repository or the [FBI](/usc/34/40312.md?p=4)—

(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](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=4) for a search of the national indices.

(2) If, with respect to a request forwarded by a [State](/usc/34/40312.md?p=6) criminal history record repository under paragraph (1), the [FBI](/usc/34/40312.md?p=4) positively identifies the subject as having a III System-indexed record or records—

(A) the [FBI](/usc/34/40312.md?p=4) shall so advise the [State](/usc/34/40312.md?p=6) criminal history record repository; and

(B) the [State](/usc/34/40312.md?p=6) criminal history record repository shall be entitled to obtain the additional criminal history record information from the [FBI](/usc/34/40312.md?p=4) or other [State](/usc/34/40312.md?p=6) criminal history record repositories.

ARTICLE VI—ESTABLISHMENT OF [COMPACT](/usc/34/40312.md?p=2) [COUNCIL](/usc/34/40312.md?p=3)

(a) Establishment

(1) In general

There is established a [council](/usc/34/40312.md?p=3) to be known as the “[Compact](/usc/34/40312.md?p=2) [Council](/usc/34/40312.md?p=3)”, 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](/usc/34/40312.md?p=4) administration of the III System for criminal justice purposes.

(2) Organization

The [Council](/usc/34/40312.md?p=3) shall—

(A) continue in existence as long as this [Compact](/usc/34/40312.md?p=2) remains in effect;

(B) be located, for administrative purposes, within the [FBI](/usc/34/40312.md?p=4); and

(C) be organized and hold its first meeting as soon as practicable after the effective date of this [Compact](/usc/34/40312.md?p=2).

(b) Membership

The [Council](/usc/34/40312.md?p=3) shall be composed of 15 members, each of whom shall be appointed by the [Attorney General](/usc/34/40312.md?p=1), as follows:

(1) Nine members, each of whom shall serve a 2-year term, who shall be selected from among the [Compact](/usc/34/40312.md?p=2) officers of [Party States](/usc/34/40312.md?p=5) based on the recommendation of the [Compact](/usc/34/40312.md?p=2) officers of all [Party States](/usc/34/40312.md?p=5), except that, in the absence of the requisite number of [Compact](/usc/34/40312.md?p=2) 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](/usc/34/40312.md?p=4), 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](/usc/34/40312.md?p=4); 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](/usc/34/40312.md?p=3), 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](/usc/34/40312.md?p=6) or local criminal justice agencies; and

(B) 1 shall be a representative of [State](/usc/34/40312.md?p=6) 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](/usc/34/40312.md?p=4)’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](/usc/34/40312.md?p=4), who shall serve a 3-year term, and who shall be an employee of the [FBI](/usc/34/40312.md?p=4).

(c) Chairman and Vice Chairman

(1) In general

From its membership, the [Council](/usc/34/40312.md?p=3) shall elect a Chairman and a Vice Chairman of the [Council](/usc/34/40312.md?p=3), respectively. Both the Chairman and Vice Chairman of the [Council](/usc/34/40312.md?p=3)—

(A) shall be a [Compact](/usc/34/40312.md?p=2) officer, unless there is no [Compact](/usc/34/40312.md?p=2) officer on the [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=3) shall serve as the Chairman of the [Council](/usc/34/40312.md?p=3) in the absence of the Chairman.

(d) Meetings

(1) In general

The [Council](/usc/34/40312.md?p=3) shall meet at least once each year at the call of the Chairman. Each meeting of the [Council](/usc/34/40312.md?p=3) shall be open to the public. The [Council](/usc/34/40312.md?p=3) shall provide prior public notice in the Federal Register of each meeting of the [Council](/usc/34/40312.md?p=3), including the matters to be addressed at such meeting.

(2) Quorum

A majority of the [Council](/usc/34/40312.md?p=3) or any committee of the [Council](/usc/34/40312.md?p=3) shall constitute a quorum of the [Council](/usc/34/40312.md?p=3) 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](/usc/34/40312.md?p=3) shall make available for public inspection and copying at the [Council](/usc/34/40312.md?p=3) office within the [FBI](/usc/34/40312.md?p=4), and shall publish in the Federal Register, any rules, procedures, or standards established by the [Council](/usc/34/40312.md?p=3).

(f) Assistance from [FBI](/usc/34/40312.md?p=4)

The [Council](/usc/34/40312.md?p=3) may request from the [FBI](/usc/34/40312.md?p=4) such reports, studies, statistics, or other information or materials as the [Council](/usc/34/40312.md?p=3) determines to be necessary to enable the [Council](/usc/34/40312.md?p=3) to perform its duties under this [Compact](/usc/34/40312.md?p=2). The [FBI](/usc/34/40312.md?p=4), 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](/usc/34/40312.md?p=2) and may prescribe their membership, responsibilities, and duration.

ARTICLE VII—RATIFICATION OF [COMPACT](/usc/34/40312.md?p=2)

This [Compact](/usc/34/40312.md?p=2) shall take effect upon being entered into by 2 or more [States](/usc/34/40312.md?p=6) as between those [States](/usc/34/40312.md?p=6) and the Federal Government. Upon subsequent entering into this [Compact](/usc/34/40312.md?p=2) by additional [States](/usc/34/40312.md?p=6), it shall become effective among those [States](/usc/34/40312.md?p=6) and the Federal Government and each [Party State](/usc/34/40312.md?p=5) that has previously ratified it. When ratified, this [Compact](/usc/34/40312.md?p=2) 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](/usc/34/40312.md?p=6).

ARTICLE VIII—MISCELLANEOUS PROVISIONS

(a) Relation of [Compact](/usc/34/40312.md?p=2) to certain [FBI](/usc/34/40312.md?p=4) activities

Administration of this [Compact](/usc/34/40312.md?p=2) shall not interfere with the management and control of the Director of the [FBI](/usc/34/40312.md?p=4) over the [FBI](/usc/34/40312.md?p=4)’s collection and dissemination of criminal history records and the advisory function of the [FBI](/usc/34/40312.md?p=4)’s advisory policy board chartered under [chapter 10](/usc/5/chptI/ch10.md) of title 5 for all purposes other than noncriminal justice.

(b) No authority for nonappropriated expenditures

Nothing in this [Compact](/usc/34/40312.md?p=2) shall require the [FBI](/usc/34/40312.md?p=4) to obligate or expend funds beyond those appropriated to the [FBI](/usc/34/40312.md?p=4).

(c) Relating to Public Law 92–544

Nothing in this [Compact](/usc/34/40312.md?p=2) shall diminish or lessen the obligations, responsibilities, and authorities of any [State](/usc/34/40312.md?p=6), whether a [Party State](/usc/34/40312.md?p=5) 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](/usc/34/40312.md?p=3) under Article VI(a), regarding the use and dissemination of criminal history records and information.

ARTICLE IX—RENUNCIATION

(a) In general

This [Compact](/usc/34/40312.md?p=2) shall bind each [Party State](/usc/34/40312.md?p=5) until renounced by the [Party State](/usc/34/40312.md?p=5).

(b) Effect

Any renunciation of this [Compact](/usc/34/40312.md?p=2) by a [Party State](/usc/34/40312.md?p=5) shall—

(1) be effected in the same manner by which the [Party State](/usc/34/40312.md?p=5) ratified this [Compact](/usc/34/40312.md?p=2); and

(2) become effective 180 days after written notice of renunciation is provided by the [Party State](/usc/34/40312.md?p=5) to each other [Party State](/usc/34/40312.md?p=5) and to the Federal Government.

ARTICLE X—SEVERABILITY

The provisions of this [Compact](/usc/34/40312.md?p=2) shall be severable, and if any phrase, clause, sentence, or provision of this [Compact](/usc/34/40312.md?p=2) is declared to be contrary to the constitution of any participating [State](/usc/34/40312.md?p=6), 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](/usc/34/40312.md?p=2) and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this [Compact](/usc/34/40312.md?p=2) is held contrary to the constitution of any [Party State](/usc/34/40312.md?p=5), all other portions of this [Compact](/usc/34/40312.md?p=2) shall remain in full force and effect as to the remaining [Party States](/usc/34/40312.md?p=5) and in full force and effect as to the [Party State](/usc/34/40312.md?p=5) affected, as to all other provisions.

ARTICLE XI—ADJUDICATION OF DISPUTES

(a) In general

The [Council](/usc/34/40312.md?p=3) shall—

(1) have initial authority to make determinations with respect to any dispute regarding—

(A) interpretation of this [Compact](/usc/34/40312.md?p=2);

(B) any rule or standard established by the [Council](/usc/34/40312.md?p=3) pursuant to Article V; and

(C) any dispute or controversy between any parties to this [Compact](/usc/34/40312.md?p=2); and

(2) hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the [Council](/usc/34/40312.md?p=3) and only render a decision based upon a majority vote of the members of the [Council](/usc/34/40312.md?p=3). Such decision shall be published pursuant to the requirements of Article VI(e).

(b) Duties of [FBI](/usc/34/40312.md?p=4)

The [FBI](/usc/34/40312.md?p=4) 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](/usc/34/40312.md?p=3) holds a hearing on such matters.

(c) Right of appeal

The [FBI](/usc/34/40312.md?p=4) or a [Party State](/usc/34/40312.md?p=5) may appeal any decision of the [Council](/usc/34/40312.md?p=3) to the [Attorney General](/usc/34/40312.md?p=1), 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](/usc/34/40312.md?p=2). Any suit arising under this [Compact](/usc/34/40312.md?p=2) and initiated in a [State](/usc/34/40312.md?p=6) court shall be removed to the appropriate district court of the United States in the manner provided by [section 1446 of title 28](/usc/28/1446.md), United States Code, or other statutory authority.


## Footnotes

[^1]: So in original. Probably should be “Interstate Identification Index System”.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The Privacy Act of 1974, referred to in Art. IV(a), (b), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, 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 Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, referred to in Art. VIII(c), is Pub. L. 92–544, Oct. 25, 1972, 86 Stat. 1109. For complete classification of this Act to the Code, see Tables.

### Codification

Section was formerly classified to section 14616 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2022—Art. VIII(a). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)”.