EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 179A of NRS is hereby amended by adding thereto

1-15 administrator who is a regular full-time employee of the repository.

2-1 (3) "Council" means the Compact Council established under Article

2-2 VI.

2-3 (4) "Criminal history record repository" means the state agency

2-4 designated by the governor or other appropriate executive official or the

2-5 legislature of a state to perform centralized recordkeeping functions for

2-6 criminal history records and services in the state.

2-7 (5) (a) "Criminal history records" means information collected by

2-8 criminal justice agencies on individuals consisting of identifiable

2-9 descriptions and notations of arrests, detentions, indictments, or other

2-10 formal criminal charges and any disposition arising therefrom, including

2-11 acquittal, sentencing, correctional supervision, or release.

2-12 (b) The term does not include identification information such as

2-13 fingerprint records if the information does not indicate involvement of

2-14 the individual with the criminal justice system.

2-15 (6) "Criminal justice" includes activities relating to the detection,

2-16 apprehension, detention, pretrial release, posttrial release, prosecution,

2-17 adjudication, correctional supervision, or rehabilitation of accused

2-18 persons or criminal offenders. The administration of criminal justice

2-19 includes criminal identification activities and the collection, storage, and

2-20 dissemination of criminal history records.

2-21 (7) (a) "Criminal justice agency" means:

2-22 (i) Courts; and

2-23 (ii) A governmental agency or any subunit of an agency that

2-24 performs the administration of criminal justice pursuant to a statute or

2-25 executive order and allocates a substantial part of its annual budget to

2-26 the administration of criminal justice.

2-27 (b) The term includes federal and state inspector general offices.

2-28 (8) "Criminal justice services" means services provided by the FBI to

2-29 criminal justice agencies in response to a request for information about a

2-30 particular individual or as an update to information previously provided

2-31 for criminal justice purposes.

2-32 (9) "Direct access" means access to the national identification index

2-33 by computer terminal or other automated means not requiring the

2-34 assistance of or intervention by any other party or agency.

2-35 (10) "Executive order" means an order of the President of the United

2-36 States or the chief executive officer of a state that has the force of law

2-37 and that is promulgated in accordance with applicable law.

2-38 (11) "FBI" means the Federal Bureau of Investigation.

2-39 (12) (a) "III System" means the Interstate Identification Index

2-40 System, which is the cooperative federal-state system for the exchange of

2-41 criminal history records.

3-1 (b) The term includes the national identification index, the national

3-2 fingerprint file, and to the extent of their participation in the system, the

3-3 criminal history record repositories of the states and the FBI.

3-4 (13) "National fingerprint file" means a database of fingerprints or of

3-5 other uniquely personal identifying information that relates to an

3-6 arrested or charged individual and that is maintained by the FBI to

3-7 provide positive identification of record subjects indexed in the III

3-8 System.

3-9 (14) "National identification index" means an index maintained by

3-10 the FBI consisting of names, identifying numbers, and other descriptive

3-11 information relating to record subjects about whom there are criminal

3-12 history records in the III System.

3-13 (15) "National indices" means the national identification index and

3-14 the national fingerprint file.

3-15 (16) "Noncriminal justice purposes" means uses of criminal history

3-16 records for purposes authorized by federal or state law other than

3-17 purposes relating to criminal justice activities, including employment

3-18 suitability, licensing determinations, immigration and naturalization

3-19 matters, and national security clearances.

3-20 (17) "Nonparty state" means a state that has not ratified this

3-21 Compact.

3-22 (18) "Party state" means a state that has ratified this Compact.

3-23 (19) "Positive identification" means a determination, based upon a

3-24 comparison of fingerprints or other equally reliable biometric

3-25 identification techniques, that the subject of a record search is the same

3-26 person as the subject of a criminal history record or records indexed in

3-27 the III System. Identifications based solely upon a comparison of

3-28 subjects’ names or other nonunique identification characteristics or

3-29 numbers, or combinations thereof, does not constitute positive

3-30 identification.

3-31 (20) "Sealed record information" means:

3-32 (a) With respect to adults, that portion of a record that is:

3-33 (i) Not available for criminal justice uses;

3-34 (ii) Not supported by fingerprints or other accepted means of

3-35 positive identification; or

3-36 (iii) Subject to restrictions on dissemination for noncriminal justice

3-37 purposes pursuant to a court order related to a particular subject or

3-38 pursuant to a federal or state statute that requires action on a sealing

3-39 petition filed by a particular record subject; and

3-40 (b) With respect to juveniles, whatever each state determines is a

3-41 sealed record under its own law and procedure.

3-42 (21) "State" means any state, territory, or possession of the United

3-43 States, the District of Columbia, and the Commonwealth of Puerto Rico.

4-1 Article II. Purposes

4-2 The purposes of this Compact are to:

4-3 (1) Provide a legal framework for the establishment of a cooperative

4-4 federal-state system for the interstate and federal-state exchange of

4-5 criminal history records for noncriminal justice uses;

4-6 (2) Require the FBI to permit use of the national identification index

4-7 and the national fingerprint file by each party state and to provide, in a

4-8 timely fashion, federal and state criminal history records to requesting

4-9 states, in accordance with the terms of this Compact and with rules,

4-10 procedures, and standards established by the Council under Article VI;

4-11 (3) Require party states to provide information and records for the

4-12 national identification index and the national fingerprint file and to

4-13 provide criminal history records, in a timely fashion, to criminal history

4-14 record repositories of other states and the Federal Government for

4-15 noncriminal justice purposes, in accordance with the terms of this

4-16 Compact and with rules, procedures, and standards established by the

4-17 Council under Article VI;

4-18 (4) Provide for the establishment of a Council to monitor III System

4-19 operations and to prescribe system rules and procedures for the effective

4-20 and proper operation of the III System for noncriminal justice purposes;

4-21 and

4-22 (5) Require the FBI and each party state to adhere to III System

4-23 standards concerning record dissemination and use, response times,

4-24 system security, data quality, and other duly established standards,

4-25 including those that enhance the accuracy and privacy of such records.

4-26 Article III. Responsibilities of Compact Parties

4-27 (1) The Director of the FBI shall:

4-28 (a) Appoint an FBI Compact officer who shall:

4-29 (i) Administer this Compact within the Department of Justice and

4-30 among federal agencies and other agencies and organizations that

4-31 submit search requests to the FBI pursuant to Article V(3);

4-32 (ii) Ensure that Compact provisions and rules, procedures, and

4-33 standards prescribed by the Council under Article VI are complied with

4-34 by the Department of Justice and the federal agencies and other agencies

4-35 and organizations referred to in subsection (1)(a)(i) of this Article III;

4-36 and

4-37 (iii) Regulate the use of records received by means of the III System

4-38 from party states when such records are supplied by the FBI directly to

4-39 other federal agencies;

5-1 (b) Provide to federal agencies and to state criminal history record

5-2 repositories criminal history records maintained in its database for the

5-3 noncriminal justice purposes described in Article IV, including:

5-4 (i) Information from nonparty states; and

5-5 (ii) Information from party states that is available from the FBI

5-6 through the III System, but is not available from the party state through

5-7 the III System;

5-8 (c) Provide a telecommunications network and maintain centralized

5-9 facilities for the exchange of criminal history records for both criminal

5-10 justice purposes and the noncriminal justice purposes described in

5-11 Article IV and ensure that the exchange of the records for criminal

5-12 justice purposes has priority over exchange for noncriminal justice

5-13 purposes; and

5-14 (d) Modify or enter into user agreements with nonparty state criminal

5-15 history record repositories to require them to establish record request

5-16 procedures conforming to those prescribed in Article V.

5-17 (2) Each party state shall:

5-18 (a) Appoint a Compact officer who shall:

5-19 (i) Administer this Compact within that state;

5-20 (ii) Ensure that Compact provisions and rules, procedures, and

5-21 standards established by the Council under Article VI are complied with

5-22 in the state; and

5-23 (iii) Regulate the in-state use of records received by means of the

5-24 III System from the FBI or from other party states;

5-25 (b) Establish and maintain a criminal history record repository, which

5-26 shall provide:

5-27 (i) Information and records for the national identification index

5-28 and the national fingerprint file; and

5-29 (ii) The state’s III System-indexed criminal history records for

5-30 noncriminal justice purposes described in Article IV;

5-31 (c) Participate in the national fingerprint file; and

5-32 (d) Provide and maintain telecommunications links and related

5-33 equipment necessary to support the criminal justice services set forth in

5-34 this Compact.

5-35 (3) In carrying out their responsibilities under this Compact, the FBI

5-36 and each party state shall comply with III System rules, procedures, and

5-37 standards duly established by the Council concerning record

5-38 dissemination and use, response times, data quality, system security,

5-39 accuracy, privacy protection, and other aspects of III System operation.

5-40 (4) (a) Use of the III System for noncriminal justice purposes

5-41 authorized in this Compact must be managed so as not to diminish the

5-42 level of services provided in support of criminal justice purposes.

6-1 (b) Administration of Compact provisions may not reduce the level of

6-2 service available to authorized noncriminal justice users on the effective

6-3 date of this Compact.

6-4 Article IV. Authorized Record Disclosures

6-5 (1) To the extent authorized by section 552a of Title 5, United States

6-6 Code (commonly known as the Privacy Act of 1974), the FBI shall

6-7 provide on request criminal history records, excluding sealed record

6-8 information, to state criminal history record repositories for noncriminal

6-9 justice purposes allowed by federal statute, federal executive order, or a

6-10 state statute which has been approved by the Attorney General and which

6-11 authorizes national indices checks.

6-12 (2) The FBI, to the extent authorized by section 552a of Title 5,

6-13 United States Code (commonly known as the Privacy Act of 1974), and

6-14 state criminal history record repositories shall provide criminal history

6-15 records, excluding sealed record information, to criminal justice

6-16 agencies and other governmental or nongovernmental agencies for

6-17 noncriminal justice purposes allowed by federal statute, federal executive

6-18 order, or a state statute that has been approved by the Attorney General,

6-19 that explicitly authorizes national indices checks.

6-20 (3) Any record obtained under this Compact may be used only for the

6-21 official purposes for which the record was requested. Each Compact

6-22 officer shall establish procedures, consistent with this Compact and with

6-23 rules, procedures, and standards established by the Council under Article

6-24 VI, which procedures shall protect the accuracy and privacy of the

6-25 records and shall:

6-26 (a) Ensure that records obtained under this Compact are used only by

6-27 authorized officials for authorized purposes;

6-28 (b) Require that subsequent record checks are requested to obtain

6-29 current information whenever a new need arises; and

6-30 (c) Ensure that record entries that may not legally be used for a

6-31 particular noncriminal justice purpose are deleted from the response

6-32 and, if no information authorized for release remains, an appropriate

6-33 "no record" response is communicated to the requesting official.

6-34 Article V. Record Request Procedures

6-35 (1) Subject fingerprints or other approved forms of positive

6-36 identification must be submitted with all requests for criminal history

6-37 record checks for noncriminal justice purposes.

6-38 (2) Each request for a criminal history record check utilizing the

6-39 national indices made under any approved state statute must be

7-1 submitted through that state’s criminal history record repository. A state

7-2 criminal history record repository shall process an interstate request for

7-3 noncriminal justice purposes through the national indices only if the

7-4 request is transmitted through another state criminal history record

7-5 repository or the FBI.

7-6 (3) Each request for criminal history record checks utilizing the

7-7 national indices made under federal authority must be submitted through

7-8 the FBI or, if the state criminal history record repository consents to

7-9 process fingerprint submissions, through the criminal history record

7-10 repository in the state in which the request originated. Direct access to

7-11 the national identification index by entities other than the FBI and state

7-12 criminal history records repositories may not be permitted for

7-13 noncriminal justice purposes.

7-14 (4) A state criminal history record repository or the FBI:

7-15 (a) May charge a fee, in accordance with applicable law, for handling

7-16 a request involving fingerprint processing for noncriminal justice

7-17 purposes; and

7-18 (b) May not charge a fee for providing criminal history records in

7-19 response to an electronic request for a record that does not involve a

7-20 request to process fingerprints.

7-21 (5) (a) If a state criminal history record repository cannot positively

7-22 identify the subject of a record request made for noncriminal justice

7-23 purposes, the request, together with fingerprints or other approved

7-24 identifying information, must be forwarded to the FBI for a search of the

7-25 national indices.

7-26 (b) If, with respect to a request forwarded by a state criminal history

7-27 record repository under subsection (5)(a), the FBI positively identifies the

7-28 subject as having a III System-indexed record or records:

7-29 (i) The FBI shall so advise the state criminal history record

7-30 repository; and

7-31 (ii) The state criminal history record repository is entitled to obtain

7-32 the additional criminal history record information from the FBI or other

7-33 state criminal history record repositories.

7-34 Article VI. Establishment of Compact Council

7-35 (1) (a) There is established a Council to be known as the Compact

7-36 Council, which has the authority to promulgate rules and procedures

7-37 governing the use of the III System for noncriminal justice purposes, not

7-38 to conflict with FBI administration of the III System for criminal justice

7-39 purposes.

7-40 (b) The Council shall:

7-41 (i) Continue in existence as long as this Compact remains in effect;

8-1 (ii) Be located, for administrative purposes, within the FBI; and

8-2 (iii) Be organized and hold its first meeting as soon as practicable

8-3 after the effective date of this Compact.

8-4 (2) The Council must be composed of 15 members, each of whom

8-5 must be appointed by the Attorney General, as follows:

8-6 (a) Nine members, each of whom shall serve a 2-year term, who must

8-7 be selected from among the Compact officers of party states based on the

8-8 recommendation of the Compact officers of all party states, except that in

8-9 the absence of the requisite number of Compact officers available to

8-10 serve, the chief administrators of the criminal history record repositories

8-11 of nonparty states must be eligible to serve on an interim basis;

8-12 (b) Two at-large members, nominated by the Director of the FBI, each

8-13 of whom shall serve a 3-year term, of whom:

8-14 (i) One must be a representative of the criminal justice agencies of

8-15 the Federal Government and may not be an employee of the FBI; and

8-16 (ii) One must be a representative of the noncriminal justice

8-17 agencies of the Federal Government;

8-18 (c) Two at-large members, nominated by the Chairman of the Council

8-19 once the Chairman is elected pursuant to subsection (3) of this Article

8-20 VI, each of whom shall serve a 3-year term, of whom:

8-21 (i) One must be a representative of state or local criminal justice

8-22 agencies; and

8-23 (ii) One must be a representative of state or local noncriminal

8-24 justice agencies;

8-25 (d) One member who shall serve a 3-year term and who shall

8-26 simultaneously be a member of the FBI’s advisory policy board on

8-27 criminal justice information services, nominated by the membership of

8-28 that policy board; and

8-29 (e) One member, nominated by the Director of the FBI, who shall

8-30 serve a 3-year term and who must be an employee of the FBI.

8-31 (3) (a) From its membership, the Council shall elect a Chairman and

8-32 a Vice Chairman of the Council. Both the Chairman and Vice Chairman

8-33 of the Council:

8-34 (i) Must be a Compact officer, unless there is no Compact officer

8-35 on the Council who is willing to serve, in which case the Chairman may

8-36 be an at-large member; and

8-37 (ii) Shall serve 2-year terms and may be reelected to only one

8-38 additional 2-year term.

8-39 (b) The Vice Chairman of the Council shall serve as the Chairman of

8-40 the Council in the absence of the Chairman.

8-41 (4) (a) The Council shall meet at least once each year at the call of the

8-42 Chairman. Each meeting of the Council must be open to the public. The

8-43 Council shall provide prior public notice in the Federal Register of each

9-1 meeting of the Council, including the matters to be addressed at the

9-2 meeting.

9-3 (b) A majority of the Council or any committee of the Council shall

9-4 constitute a quorum of the Council or of a committee, respectively, for

9-5 the conduct of business. A lesser number may meet to hold hearings, take

9-6 testimony, or conduct any business not requiring a vote.

9-7 (5) The Council shall make available for public inspection and

9-8 copying at the Council office within the FBI and shall publish in the

9-9 Federal Register any rules, procedures, or standards established by the

9-10 Council.

9-11 (6) The Council may request from the FBI reports, studies, statistics,

9-12 or other information or materials that the Council determines to be

9-13 necessary to enable the Council to perform its duties under this Compact.

9-14 The FBI, to the extent authorized by law, may provide assistance or

9-15 information upon a request.

9-16 (7) The Chairman may establish committees as necessary to carry out

9-17 this Compact and may prescribe their membership, responsibilities, and

9-18 duration.

9-19 Article VII. Ratification of Compact

9-20 This Compact takes effect upon being entered into by two or more

9-21 states as between those states and the Federal Government. When

9-22 additional states subsequently enter into this Compact, it becomes

9-23 effective among those states and the Federal Government and each party

9-24 state that has previously ratified it. When ratified, this Compact has the

9-25 full force and effect of law within the ratifying jurisdictions. The form of

9-26 ratification must be in accordance with the laws of the executing state.

9-27 Article VIII. Miscellaneous Provisions

9-28 (1) Administration of this Compact may not interfere with the

9-29 management and control of the Director of the FBI over the FBI’s

9-30 collection and dissemination of criminal history records and the advisory

9-31 function of the FBI’s advisory policy board chartered under the Federal

9-32 Advisory Committee Act (5 U.S.C. App.) for all purposes other than

9-33 noncriminal justice.

9-34 (2) Nothing in this Compact requires the FBI to obligate or expend

9-35 funds beyond those appropriated to the FBI.

9-36 (3) Nothing in this Compact diminishes or lessens the obligations,

9-37 responsibilities, and authorities of any state, whether a party state or a

9-38 nonparty state, or of any criminal history record repository or other

9-39 subdivision or component thereof, under the Departments of State,

10-1 Justice, and Commerce, the Judiciary, and Related Agencies

10-2 Appropriation Act, 1973 (Public Law 92-544), or regulations and

10-3 guidelines promulgated thereunder, including the rules and procedures

10-4 promulgated by the Council under Article VI(1), regarding the use and

10-5 dissemination of criminal history records and information.

10-6 Article IX. Renunciation

10-7 (1) This Compact shall bind each party state until renounced by the

10-8 party state.

10-9 (2) Any renunciation of this Compact by a party state must:

10-10 (a) Be effected in the same manner by which the party state ratified

10-11 this Compact; and

10-12 (b) Become effective 180 days after written notice of renunciation is

10-13 provided by the party state to each other party state and to the Federal

10-14 Government.

10-15 Article X. Severability

10-16 The provisions of this Compact are severable. If any phrase, clause,

10-17 sentence, or provision of this Compact is declared to be contrary to the

10-18 constitution of any participating state or to the Constitution of the United

10-19 States or if the applicability of any phrase, clause, sentence, or provision

10-20 of this Compact to any government, agency, person, or circumstance is

10-21 held invalid, the validity of the remainder of this Compact and the

10-22 applicability of the remainder of the Compact to any government,

10-23 agency, person, or circumstance is not affected by the severability. If a

10-24 portion of this Compact is held contrary to the constitution of any party

10-25 state, all other portions of this Compact remain in full force and effect as

10-26 to the remaining party states and in full force and effect as to the party

10-27 state affected, as to all other provisions.

10-28 Article XI. Adjudication of Disputes

10-29 (1) The Council:

10-30 (a) Has initial authority to make determinations with respect to any

10-31 dispute regarding:

10-32 (i) Interpretation of this Compact;

10-33 (ii) Any rule or standard established by the Council pursuant to

10-34 Article VI; and

10-35 (iii) Any dispute or controversy between any parties to this

10-36 Compact; and

11-1 (b) Shall hold a hearing concerning any dispute described in

11-2 subsection (1)(a) at a regularly scheduled meeting of the Council and

11-3 only render a decision based upon a majority vote of the members of the

11-4 Council. The decision must be published pursuant to the requirements of

11-5 Article VI(5).

11-6 (2) The FBI shall exercise immediate and necessary action to preserve

11-7 the integrity of the III System, to maintain system policy and standards,

11-8 to protect the accuracy and privacy of records, and to prevent abuses

11-9 until the Council holds a hearing on the matters.

11-10 (3) The FBI or a party state may appeal any decision of the Council to

11-11 the Attorney General and after that appeal may file suit in the

11-12 appropriate District Court of the United States that has original

11-13 jurisdiction of all cases or controversies arising under this Compact. Any

11-14 suit arising under this Compact and initiated in a state court must be

11-15 removed to the appropriate District Court of the United States in the

11-16 manner provided by section 1446 of Title 28, United States Code, or other

11-17 statutory authority.

11-18 Sec. 2. This act becomes effective upon passage and approval.