Okla. Stat. tit. 74, § 74-150.9b

The following National Crime Prevention and Privacy Compact is

hereby ratified, enacted, entered into and given force of law by the

State of Oklahoma:

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

Overview

ARTICLE I—DEFINITIONS

ARTICLE II—PURPOSES

ARTICLE III—RESPONSIBILITIES OF COMPACT PARTIES

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

ARTICLE V—RECORD REQUEST PROCEDURES

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

ARTICLE VII—RATIFICATION OF COMPACT

ARTICLE VIII—MISCELLANEOUS PROVISIONS

ARTICLE IX—RENUNCIATION

ARTICLE X—SEVERABILITY

ARTICLE XI—ADJUDICATION OF DISPUTES

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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,

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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.—The term “criminal justice

services” means services provided by the FBI to criminal justice
hereof

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.—The term “criminal justice

services” means services provided by the FBI 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.

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 that has the force of law and that is promulgated in

accordance with applicable law.

12. FBI.—The term “FBI” means the Federal Bureau of

Investigation.

13. Interstate identification system.—The term “Interstate

Identification Index System” or “III System”—

A. means the cooperative Federal-State 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 and the FBI.

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 to provide positive identification

of record subjects indexed in the III System.

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15. National identification index.—The term “National

Identification Index” means an index maintained by the FBI

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

that has not ratified this Compact.

18. Noncriminal justice purposes.—The term “noncriminal justice

purposes” means uses of criminal history records for purposes

authorized by Federal or State 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.—The term “Party State” means a State that has

ratified this Compact.

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 related to a particular subject or pursuant
ion.—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 related to a particular subject or pursuant

to a Federal or State statute that requires

action on a sealing petition filed by a

particular record subject; and

B. with respect to juveniles, whatever each State

determines is a sealed record under its own law and

procedure.

22. State.—The term “State” means any State, 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 are to—

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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

provide, in a timely fashion, Federal and State criminal history

records to requesting States, in accordance with the terms of this

Compact and with rules, procedures, and standards established by the

Council under Article VI;

3. Require Party States 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 and the Federal

Government for noncriminal justice purposes, in accordance with the

terms of this Compact and with rules, procedures, and standards

established by the Council under Article VI;

4. Provide for the establishment of a Council 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 and each Party State 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 PARTIES

a. FBI Responsibilities.—The Director of the FBI shall—

1. appoint an FBI Compact officer who shall—

A. 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 Article V(c);

B. ensure that Compact provisions and rules, procedures,

and standards prescribed by the Council 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 when such records are

supplied by the FBI directly to other Federal

agencies;

2. provide to Federal agencies and to State 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

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B. information from Party States that is available from

the FBI through the III System but is not available

from the Party State 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
gh the III System but is not available

from the Party State 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 Responsibilities.—Each Party State shall—

1. appoint a Compact officer who shall—

A. administer this Compact within that State;

B. ensure that Compact provisions and rules, procedures,

and standards established by the Council under Article

VI are complied with in the State; and

C. regulate the in-State use of records received by means

of the III System from the FBI or from other Party

States;

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’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.

c. Compliance With III System Standards.—In carrying out their

responsibilities under this Compact, the FBI and each Party State

shall comply with III System rules, procedures, and standards duly

established by the Council 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 shall be managed so as not to diminish

the level of services provided in support of criminal justice

purposes.

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2. administration of Compact provisions shall not reduce the

level of service available to authorized noncriminal justice users

on the effective date of this Compact.

ARTICLE IV—AUTHORIZED RECORD DISCLOSURES

a. State Criminal History Record Repositories.—To the extent

authorized by Section 552a of Title 5, United States Code (commonly

known as the “Privacy Act of 1974”), the FBI shall provide on

request criminal history records (excluding sealed records) to State

criminal history record repositories for noncriminal justice

purposes allowed by Federal statute, Federal Executive order, or a

State statute that has been approved by the Attorney General and

that authorizes national indices checks.

b. Criminal Justice Agencies and Other Governmental or

Nongovernmental Agencies.—The FBI, to the extent authorized by

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

“Privacy Act of 1974”), and State 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 statute that

has been approved by the Attorney General, that authorizes national

indices checks.

c. Procedures.—Any record obtained under this Compact may be

used only for the official purposes for which the record was

requested. Each Compact officer shall establish procedures,

consistent with this Compact, and with rules, procedures, and

standards established by the Council under Article VI, which

procedures shall protect the accuracy and privacy of the records,

and shall—
ces checks.

c. Procedures.—Any record obtained under this Compact may be

used only for the official purposes for which the record was

requested. Each Compact officer shall establish procedures,

consistent with this Compact, and with rules, procedures, and

standards established by the Council under Article VI, which

procedures shall protect the accuracy and privacy of the records,

and shall—

1. ensure that records obtained under this Compact 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 Requests.—Each request for a criminal

history record check utilizing the national indices made under any

approved State statute shall be submitted through that State’s

criminal history record repository. A State criminal history record

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repository shall process an interstate request for noncriminal

justice purposes through the national indices only if such request

is transmitted through another State criminal history record

repository or the FBI.

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 or, if the

State criminal history record repository consents to process

fingerprint submissions, through the criminal history record

repository in the State in which such request originated. Direct

access to the National Identification Index by entities other than

the FBI and State criminal history records repositories shall not be

permitted for noncriminal justice purposes.

d. Fees.—A State criminal history record repository or the FBI-

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 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 for a search of the national indices.

2. If, with respect to a request forwarded by a State criminal

history record repository under paragraph 1 of this section, the FBI

positively identifies the subject as having a III System-indexed

record or records—

A. the FBI shall so advise the State criminal history

record repository; and

B. the State criminal history record repository shall be

entitled to obtain the additional criminal history

record information from the FBI or other State

criminal history record repositories.

ARTICLE VI—ESTABLISHMENT OF COMPACT COUNCIL

a. Establishment.—

1. In general.—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. Organization.—The Council shall—

A. continue in existence as long as this Compact remains

in effect;
e 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. Organization.—The Council shall—

A. continue in existence as long as this Compact remains

in effect;

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B. be located, for administrative purposes, within the

FBI; and

C. be organized and hold its first meeting as soon as

practicable after the effective date of this Compact.

b. Membership.—The Council shall be composed of fifteen (15)

members, each of whom shall be appointed by the Attorney General, as

follows:

1. Nine members, each of whom shall serve a 2-year term, who

shall be selected from among the Compact officers of Party States

based on the recommendation of the Compact officers of all Party

States, except that, in the absence of the requisite number of

Compact 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,

each of whom shall serve a 3-year term, of whom-

A. one shall be a representative of the criminal justice

agencies of the Federal Government and may not be an

employee of the FBI; and

B. one 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, once the Chairman is elected pursuant to Article VI(c),

each of whom shall serve a 3-year term, of whom—

A. one shall be a representative of State or local

criminal justice agencies; and

B. one shall be a representative of State 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’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, who shall

serve a 3-year term, and who shall be an employee of the FBI.

c. Chairman and Vice Chairman.—

1. In general.—From its membership, the Council shall elect a

Chairman and a Vice Chairman of the Council, respectively. Both the

Chairman and Vice Chairman of the Council—

A. shall be a Compact officer, unless there is no Compact

officer on the Council 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

one additional 2-year term.

2. Duties of vice chairman.—The Vice Chairman of the Council

shall serve as the Chairman of the Council in the absence of the

Chairman.

d. Meetings.—

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1. In general.—The Council shall meet at least once each year

at the call of the Chairman. Each meeting of the Council shall be

open to the public. The Council shall provide prior public notice

in the Federal Register of each meeting of the Council, including

the matters to be addressed at such meeting.

2. Quorum.—A majority of the Council or any committee of the

Council shall constitute a quorum of the Council 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 shall make

available for public inspection and copying at the Council office

within the FBI, and shall publish in the Federal Register, any

rules, procedures, or standards established by the Council.

f. Assistance From FBI.—The Council may request from the FBI

such reports, studies, statistics, or other information or materials

as the Council determines to be necessary to enable the Council to
all make

available for public inspection and copying at the Council office

within the FBI, and shall publish in the Federal Register, any

rules, procedures, or standards established by the Council.

f. Assistance From FBI.—The Council may request from the FBI

such reports, studies, statistics, or other information or materials

as the Council determines to be necessary to enable the Council to

perform its duties under this Compact. The FBI, 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 and may prescribe their

membership, responsibilities, and duration.

ARTICLE VII—RATIFICATION OF COMPACT

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. When

ratified, this Compact 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.

ARTICLE VIII—MISCELLANEOUS PROVISIONS

a. Relation of Compact to Certain FBI Activities.—

Administration of the 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 chartered under

the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes

other than noncriminal justice.

b. No Authority for Nonappropriated Expenditures.—Nothing in

this Compact shall require the FBI to obligate or expend funds

beyond those appropriated to the FBI.

c. Relating to Public Law 92-544.-Nothing in this compact shall

diminish or lessen the obligations, responsibilities, and

authorities of any State, whether a Party State or a Nonparty State,

or of any criminal history record repository or other subdivision or

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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 under Article VI(a), regarding the use and dissemination of

criminal history records and information.

ARTICLE IX—RENUNCIATION

a. In General.—This Compact shall bind each Party State until

renounced by the Party State.

b. Effect.—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 other Party

State and to the Federal Government.

ARTICLE X—SEVERABILITY

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 of the remainder of this Compact and the applicability

thereof to any government, agency, person, or circumstance shall not

be affected thereby. If a portion of this Compact is held contrary

to the constitution of any Party State, all other portions of this

Compact shall remain in full force and effect as to the remaining

Party States and in full force and effect as to the Party State

affected, as to all other provisions.

ARTICLE XI—ADJUDICATION OF DISPUTES

a. In General.—The Council shall—

1. have initial authority to make determinations with respect

to any dispute regarding—
to the constitution of any Party State, all other portions of this

Compact shall remain in full force and effect as to the remaining

Party States and in full force and effect as to the Party State

affected, as to all other provisions.

ARTICLE XI—ADJUDICATION OF DISPUTES

a. In General.—The Council shall—

1. have initial authority to make determinations with respect

to any dispute regarding—

A. interpretation of this Compact;

B. any rule or standard established by the Council

pursuant to Article VI; and

C. any dispute or controversy between any parties to this

Compact; and

2. hold a hearing concerning any dispute described in paragraph

1 at a regularly scheduled meeting of the Council and only render a

decision based upon a majority vote of the members of the Council.

Such decision shall be published pursuant to the requirements of

Article VI(e).

b. Duties of FBI.—The FBI shall exercise immediate and

necessary action to preserve the integrity of the III System,

maintain system policy and standards, protect the accuracy and

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privacy of records, and to prevent abuses, until the Council holds a

hearing on such matters.

c. Right of Appeal.—The FBI or a Party State may appeal any

decision of the Council to the Attorney General, 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. Any suit arising under this Compact and

initiated in a State court shall be removed to the appropriate

district court of the United States in the manner provided by

Section 1446 of Title 28, United States Code, or other statutory

authority.