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Section-by-Section Analysis
Senate Bill 2022, which includes the Compact, was passed by Congress and signed into law by the president in October 1998.
***Footnote 3: Title II of Pub. L. 105-251.***
The section-by-section analysis of the Compact is a statement of Sen. Mike DeWine (R-OH), which was read into the October 16, 1998, edition of the Congressional Record.
***Footnote 4: Cong. Rec. S12671-S12673 (daily ed. October 16, 1998) (statement of Sen. DeWine).***
TITLE II-NATIONAL CRIMINAL HISTORY ACCESS AND CHILD PROTECTION ACT Section 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 Section 211. Short Title. This subtitle may be cited as the "National Crime Prevention and Privacy Compact Act of 1998."
Section 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.
Section 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.
Section 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.
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