PUBLIC LAW 105-251 [S. 2022]
OCT. 09, 1998
CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998;
NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

TABLE OF CONTENTS
TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT
Sec. 201. Short title.
Subtitle A--Exchange of Criminal History Records for Noncriminal Justice Purposes
Sec. 211. Short title.
Sec. 212. Findings.
Sec. 213. Definitions.
Sec. 214. Enactment and consent of the United States.
Sec. 215. Effect on other laws.
Sec. 216. Enforcement and implementation.
Sec. 217. 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
TITLE II--NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT

Sec. 201. SHORT TITLE.
This title may be cited as the "National Criminal History Access and Child Protection Act".

Subtitle A--Exchange of Criminal History Records for Noncriminal Justice Purposes

Sec. 211. SHORT TITLE.
This subtitle may be cited as the "National Crime Prevention and Privacy Compact Act of 1998".

Sec. 212. FINDINGS.
Congress finds that--
(1) both the Federal Bureau of Investigation and State criminal history record repositories maintain fingerprint-based
      criminal history records;

(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) such a compact will allow Federal and State records to be provided expeditiously to governmental
      and nongovernmental agencies that use such 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.

Sec. 213. DEFINITIONS.
In this subtitle:
(1) Attorney general.-- The term "Attorney General" means the Attorney General of the United States.

(2) Compact.-- The term "Compact" means the National Crime Prevention and Privacy Compact set forth
      in section 217.

(3) Council.-- The term "Council" means the Compact Council established under Article VI of the Compact.

(4) FBI.-- The term "FBI" means the Federal Bureau of Investigation.

(5) Party state.-- The term "Party State" means a State that has ratified the Compact.

(6) State.-- The term "State" means any State, territory, or possession of the United States, the District of Columbia,
      and the Commonwealth of Puerto Rico.

Sec. 214. ENACTMENT AND CONSENT OF THE UNITED STATES.
The National Crime Prevention and Privacy Compact, as set forth in section 217, is enacted into law and
entered into by the Federal Government. The consent of Congress is given to States to enter into the
Compact.

Sec. 215. EFFECT ON OTHER LAWS.
(a) Privacy Act of 1974.--Nothing in 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").

(b) Access to Certain Records Not Affected.--Nothing in the Compact shall interfere in any manner with--

(1) access, direct or otherwise, to records pursuant to--
    (A) section 9101 of title 5, United States Code;
    (B) the National Child Protection Act;
    (C) the Brady Handgun Violence Prevention Act (Public Law 103-159; 107 Stat. 1536);
    (D) the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2074)
           or any amendment made by that Act;
    (E) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); or
    (F) the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
          seq.); or

(2) any direct access to Federal criminal history records authorized by law.
     (c) Authority of FBI Under Departments of State, Justice, and Commerce, the Judiciary, and Related
          Agencies Appropriation Act , 1973.--Nothing in 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)).
     (d) 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.).
     (e) 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--

(1) 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
(2) 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.

Sec. 216. ENFORCEMENT AND IMPLEMENTATION.
All departments, agencies, officers, and employees of the United States shall enforce the Compact and
cooperate with one another and with all Party States in enforcing the Compact and effectuating its purposes.
For the Federal Government, the Attorney General shall make such rules, prescribe such instructions, and
take such other actions as may be necessary to carry out the Compact and this subtitle.

Sec. 217. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.
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, 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 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.

(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 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--

(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

            (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
              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.

                  (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--

            (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 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), 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;

               (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 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) 1 shall be a representative of the criminal justice agencies of the Federal Government and may not
                     be an employee of the FBI; 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, 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 or local criminal justice agencies; and

              (B) 1 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 1 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.--

     
(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 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 2 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 this Compact shall not interfere with
      the management and control of the Director of the FBI over the FBI's collection and dissemination of
      criminal history records and the advisory function of the FBI's advisory policy board 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 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--

           (A) interpretation of this Compact;

           (B) any rule or standard established by the Council pursuant to Article V; 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 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.