Okla. Stat. tit. 74, § 74-150.9a

Legislative findings – Definitions – Effect on other statutes.

A. This section shall be known and may be cited as the

"Oklahoma Crime Prevention and Privacy Compact Act".

B. The State of Oklahoma finds that:

1. Both the Federal Bureau of Investigation and state criminal

history record repositories maintain fingerprint-based criminal

history records;

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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. The Compact will allow federal and state records to be

provided expeditiously to governmental and nongovernmental agencies

that use these 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.

C. As used in this section:

1. “Attorney General” means the Attorney General of the United

States;

2. “Compact” means the National Crime Prevention and Privacy

Compact set forth in sections of this act;

3. “Council” means the Compact Council established under

Article VI of the Compact;

4. “FBI” means the Federal Bureau of Investigation;

5. “Party state” means a state that has ratified the Compact;

and

6. “State” means any state, territory, or possession of the

United States, the District of Columbia, and the Commonwealth of

Puerto Rico.

D. This section shall have the following effect on other

statutes:

1. Privacy Act of 1974. Nothing in this section or the Compact

shall affect the obligations and responsibilities of the FBI under

Section 552a of Title 5, United States Code (commonly known as the

Privacy Act of 1974);

2. Access to certain records not affected. Nothing in this

section or the Compact shall interfere in any manner with:

a. access, direct or otherwise, to records pursuant to:

(1) Section 9109 of Title 5, United States Code,

(2) the National Child Protection Act,

(3) the Brady Handgun Violence Prevention Act (Public

Law 103-159; 107 Stat. 1536),

(4) the Violent Crime Control and Law Enforcement Act

of 1994 (Public Law 103-322; 108 Stat. 2074) or

any amendment made by that act,

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(5) the United States Housing Act of 1937 (42 U.S.C.

1437 et seq.), or
s Code,

(2) the National Child Protection Act,

(3) the Brady Handgun Violence Prevention Act (Public

Law 103-159; 107 Stat. 1536),

(4) the Violent Crime Control and Law Enforcement Act

of 1994 (Public Law 103-322; 108 Stat. 2074) or

any amendment made by that act,

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(5) the United States Housing Act of 1937 (42 U.S.C.

1437 et seq.), or

(6) the Native American Housing Assistance and Self-

Determination Act of 1996 (25 U.S.C. 4101 et

seq.), or

b. any direct access to federal criminal history records

authorized by law;

3. Authority of FBI Under Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation Act,

1973. Nothing in this section or the Compact shall be construed to

affect the authority of the FBI under the Departments of State,

Justice, and Commerce, the Judiciary, and Related Agencies

Appropriation Act, 1973 (Public Law 92-544; 86 Stat. 1115);

4. Federal Advisory Committee Act. The Council shall not be

considered to be a federal advisory committee for purposes of the

Federal Advisory Committee Act (5 U.S.C. App.); and

5. Members of Council Not Federal Officers or Employees.

Members 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:

a. 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,

United States Code), or

b. 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.