34 U.S.C. § 40316 — National Crime Prevention and Privacy

Page 595 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 1 See References in Text note below. (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; (B) the National Child Protection Act 1 [34 U.S.C. 40101 et seq.]; (C) the Brady Handgun Violence Preven- tion Act (Public Law 103–159; 107 Stat. 1536); (D) the Violent Crime Control and Law En- forcement 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 Assist- ance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or (2) any direct access to Federal criminal his- tory 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 De- partments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92–544 (86 Stat. 1115)). (d) Chapter 10 of title 5 The Council shall not be considered to be a Federal advisory committee for purposes of chapter 10 of title 5. (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); or (2) to become entitled by reason of Council membership to any compensation or benefit payable or made available by the Federal Gov- ernment to its officers or employees. (Pub. L. 105–251, title II, § 215, Oct. 9, 1998, 112 Stat. 1875; Pub. L. 117–286, § 4(a)(213), Dec. 27, 2022, 136 Stat. 4329.) Editorial Notes REFERENCES IN TEXT The Privacy Act of 1974, referred to in subsec. (a), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under sec- tion 552a of Title 5. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 552a of Title 5 and Tables. The National Child Protection Act, referred to in sub- sec. (b)(1)(B), probably means the National Child Pro- tection Act of 1993, Pub. L. 103–209, Dec. 20, 1993, 107 Stat. 2490, which is classified principally to chapter 401 (§ 40101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1993 Act note set out under section 10101 of this title and Tables. The Brady Handgun Violence Prevention Act, re- ferred to in subsec. (b)(1)(C), is title I of Pub. L. 103–159, Nov. 30, 1993, 107 Stat. 1536, which enacted section 925A of Title 18, Crimes and Criminal Procedure, amended sections 921, 922, and 924 of Title 18 and former section 3759 of Title 42, The Public Health and Welfare, and en- acted provisions set out as notes under sections 921 and 922 of Title 18. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 921 of Title 18 and Tables. The Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (b)(1)(D), is Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1796. For complete clas- sification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The United States Housing Act of 1937, referred to in subsec. (b)(1)(E), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chap- ter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. The Native American Housing Assistance and Self- Determination Act of 1996, referred to in subsec. (b)(1)(F), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables. The Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, referred to in subsec. (c), is Pub. L. 92–544, Oct. 25, 1972, 86 Stat. 1109. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 14614 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ in text. § 40315. Enforcement and implementation All departments, agencies, officers, and em- ployees 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 subchapter. (Pub. L. 105–251, title II, § 216, Oct. 9, 1998, 112 Stat. 1875.) Editorial Notes CODIFICATION Section was formerly classified to section 14615 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 40316. National Crime Prevention and Privacy Compact The Contracting Parties agree to the fol- lowing: OVERVIEW (a) In general This Compact organizes an electronic informa- tion sharing system among the Federal Govern- Page 596 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 1 So in original. Probably should be ‘‘Interstate Identification Index System’’. ment and the States to exchange criminal his- tory 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, in- cluding 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 facili- ties that provide a significant part of the infra- structure for the system. ARTICLE I—DEFINITIONS In this Compact: (1) Attorney General The term ‘‘Attorney General’’ means the At- torney General of the United States. (2) Compact officer The term ‘‘Compact officer’’ means— (A) with respect to the Federal Govern- ment, an official so designated by the Direc- tor of the FBI; and (B) with respect to a Party State, the chief administrator of the State’s criminal his- tory 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 crimi- nal justice agencies on individuals con- sisting of identifiable descriptions and nota- tions of arrests, detentions, indictments, or other formal criminal charges, and any dis- position arising therefrom, including acquit- tal, sentencing, correctional supervision, or release; and (B) does not include identification infor- mation 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 reposi- tory’’ 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 crimi- nal history records and services in the State. (6) Criminal justice The term ‘‘criminal justice’’ includes activi- ties relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional super- vision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identifica- tion 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 jus- tice agencies in response to a request for infor- mation 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 fel- ony or misdemeanor offense not included on the list of nonserious offenses published peri- odically 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 re- quiring 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 accord- ance with applicable law. (12) FBI The term ‘‘FBI’’ means the Federal Bureau of Investigation. (13) Interstate Identification System 1 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 sys- tem, 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, re- lating 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 con- Page 597 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 sisting 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 Na- tional 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 pur- poses authorized by Federal or State law other than purposes relating to criminal justice ac- tivities, including employment suitability, li- censing determinations, immigration and nat- uralization 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 biomet- ric 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 char- acteristics or numbers, or combinations there- of, 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 identi- fication; or (iii) subject to restrictions on dissemina- tion for noncriminal justice purposes pur- suant to a court order related to a par- ticular 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, terri- tory, 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 estab- lishment of a cooperative Federal-State sys- tem for the interstate and Federal-State ex- change of criminal history records for non- criminal justice uses; (2) require the FBI to permit use of the Na- tional 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 es- tablished by the Council under Article VI; (3) require Party States to provide informa- tion and records for the National Identifica- tion Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record re- positories 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 es- tablished by the Council under Article VI; (4) provide for the establishment of a Coun- cil to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III Sys- tem 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 en- hance 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 organiza- tions 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 or- ganizations 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 Sys- tem, but is not available from the Party State through the III System; (3) provide a telecommunications network and maintain centralized facilities for the ex- change of criminal history records for both criminal justice purposes and the noncriminal Page 598 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over ex- change 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 re- ceived 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 Na- tional Identification Index and the National Fingerprint File; and (B) the State’s III System-indexed crimi- nal history records for noncriminal justice purposes described in Article IV; (3) participate in the National Fingerprint File; and (4) provide and maintain telecommuni- cations links and related equipment necessary to support the services set forth in this Com- pact. (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, re- sponse times, data quality, system security, ac- curacy, privacy protection, and other aspects of III System operation. (d) Maintenance of record services (1) Use of the III System for noncriminal jus- tice 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 au- thorized noncriminal justice users on the effec- tive 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 al- lowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes na- tional indices checks. (b) Criminal justice agencies and other govern- mental 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 pro- vide 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 stand- ards 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 when- ever 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 re- pository. A State criminal history record reposi- tory shall process an interstate request for non- criminal 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 sub- missions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identi- fication Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes. Page 599 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 (d) Fees A State criminal history record repository or the FBI— (1) may charge a fee, in accordance with ap- plicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) may not charge a fee for providing crimi- nal history records in response to an elec- tronic request for a record that does not in- volve a request to process fingerprints. (e) Additional search (1) If a State criminal history record reposi- tory cannot positively identify the subject of a record request made for noncriminal justice pur- poses, 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 crimi- nal history record repository; and (B) the State criminal history record reposi- tory shall be entitled to obtain the additional criminal history record information from the FBI or other State criminal history record re- positories. 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 proce- dures 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 pur- poses, 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 Attor- ney 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 adminis- trators of the criminal history record reposi- tories 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 crimi- nal justice agencies of the Federal Govern- ment and may not be an employee of the FBI; and (B) 1 shall be a representative of the non- criminal justice agencies of the Federal Gov- ernment. (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 mem- ber of the FBI’s advisory policy board on criminal justice information services, nomi- nated 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 meet- ing 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, respec- tively, for the conduct of business. A lesser number may meet to hold hearings, take testi- mony, 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 es- tablished by the Council. (f) Assistance from FBI The Council may request from the FBI such reports, studies, statistics, or other information Page 600 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40316 or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the ex- tent authorized by law, may provide such assist- ance 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 en- tered into by 2 or more States as between those States and the Federal Government. Upon sub- sequent entering into this Compact by addi- tional 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 juris- dictions. The form of ratification shall be in ac- cordance 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 chapter 10 of title 5 for all purposes other than noncriminal jus- tice. (b) No authority for nonappropriated expendi- tures Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appro- priated to the FBI. (c) Relating to Public Law 92–544 Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and au- thorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or compo- nent thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Re- lated Agencies Appropriation Act, 1973 (Public Law 92–544), or regulations and guidelines pro- mulgated thereunder, including the rules and procedures promulgated by the Council under Article VI(a), regarding the use and dissemina- tion of criminal history records and informa- tion. 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 sever- able, and if any phrase, clause, sentence, or pro- vision 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 govern- ment, 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 remain- ing Party States and in full force and effect as to the Party State affected, as to all other pro- visions. ARTICLE XI—ADJUDICATION OF DISPUTES (a) In general The Council shall— (1) have initial authority to make deter- minations with respect to any dispute regard- ing— (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 de- scribed in paragraph (1) at a regularly sched- uled 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 Ar- ticle VI(e). (b) Duties of FBI The FBI shall exercise immediate and nec- essary 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 deci- sion of the Council to the Attorney General, and thereafter may file suit in the appropriate dis- trict court of the United States, which shall have original jurisdiction of all cases or con- troversies 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 man- ner provided by section 1446 of title 28, United States Code, or other statutory authority. (Pub. L. 105–251, title II, § 217, Oct. 9, 1998, 112 Stat. 1876; Pub. L. 117–286, § 4(a)(214), Dec. 27, 2022, 136 Stat. 4329.) Editorial Notes REFERENCES IN TEXT The Privacy Act of 1974, referred to in Art. IV(a), (b), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which en- Page 601 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40502 acted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title note set out under section 552a of Title 5 and Tables. The Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973, referred to in Art. VIII(c), is Pub. L. 92–544, Oct. 25, 1972, 86 Stat. 1109. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 14616 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Art. VIII(a). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’. CHAPTER 405—REPORTING OF UNIDENTIFIED AND MISSING PERSONS Sec. 40501. Program authorized. 40502. Eligibility. 40503. Use of funds. 40504. Grants for the assistance of organizations to find missing adults. 40505. Reporting on National Missing and Unidenti- fied Persons System (NamUs) Program. 40506. Authorization of the National Missing and Unidentified Persons System. 40507. Information sharing. 40508. Report to Congress. § 40501. Program authorized (a) In general (1) Grants authorized The Attorney General may award grants to eligible entities described in paragraph (2) to enable the eligible entities to improve the transportation, processing, identification, and reporting of missing persons and unidentified remains, including migrants. (2) Eligible entities Eligible entities described in this paragraph are the following: (A) States and units of local government. (B) Accredited, publicly funded, Combined DNA Index System (commonly known as ‘‘CODIS’’) forensic laboratories, which dem- onstrate the grant funds will be used for DNA typing and uploading biological family DNA reference samples, including samples from foreign nationals, into CODIS, subject to the protocols for inclusion of such foren- sic DNA profiles into CODIS, and the privacy protections required under section 40502(c) of this title. (C) Medical examiners offices. (D) Accredited, publicly funded toxicology laboratories. (E) Accredited, publicly funded crime lab- oratories. (F) Publicly funded university forensic an- thropology laboratories. (G) Nonprofit organizations that have working collaborative agreements with State and county forensic offices, including medical examiners, coroners, and justices of the peace, for entry of data into CODIS or the National Missing and Unidentified Per- sons System (commonly known as ‘‘NamUs’’), or both. (Pub. L. 106–177, title II, § 202, as added Pub. L. 116–277, § 2(a)(1), Dec. 31, 2020, 134 Stat. 3368.) Editorial Notes PRIOR PROVISIONS A prior section 40501, Pub. L. 106–177, title II, § 202, Mar. 10, 2000, 114 Stat. 36, authorized Attorney General to provide grant awards to States to enable States to improve the reporting of unidentified and missing per- sons, prior to repeal by Pub. L. 116–277, § 2(a)(1), Dec. 31, 2020, 134 Stat. 3368. Such section was formerly classified to section 14661 of Title 42, The Public Health and Wel- fare, prior to editorial reclassification and renumbering as section 40501. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title II of Pub. L. 106–177, which is classified to this chapter, as ‘‘Jennifer’s Law’’, see sec- tion 201 of Pub. L. 106–177, set out as a Short Title of 2000 Act note under section 10101 of this title. § 40502. Eligibility (a) Application To be eligible to receive a grant award under this chapter, an entity described in section 40501 of this title shall submit an application at such time and in such form as the Attorney General may reasonably require. (b) Contents Each such application shall include assurances that the applicant shall, to the greatest extent possible— (1) report to the National Crime Information Center and, when possible, to law enforcement authorities throughout the applicant’s juris- diction regarding every deceased unidentified person, regardless of age, found in the appli- cant’s jurisdiction; (2) enter a complete profile of such unidenti- fied person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Miss- ing and Unidentified Persons File, including dental records, DNA records, x-rays, and fin- gerprints, if available; (3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified per- son; (4) retain all such records pertaining to un- identified persons until a person is identified; and (5) collect and report information to the Na- tional Missing and Unidentified Persons Sys- tem (NamUs) regarding missing persons and unidentified remains. (c) Privacy protections for biological family ref- erence samples (1) In general Any suspected biological family DNA ref- erence samples received from citizens of the United States or foreign nationals and uploaded into the Combined DNA Index Sys-