1.0 ESTABLISHMENT OF THE COMPACT COUNCIL        

 2.0 FBI COMPACT OFFICER           

 3.0 MEMBERSHIP OF THE COMPACT COUNCIL           

 4.0 TERM OF MEMBERS           

 5.0 END-OF-TERM APPOINTMENT PROCESS           

5.1 MEMBERS RECOMMENDED BY COMPACT OFFICERS OF ALL PARTY STATES           

5.2 MEMBERS NOMINATED BY THE DIRECTOR OF THE FBI           

5.3 MEMBERS NOMINATED BY THE CHAIRMAN OF THE COMPACT COUNCIL           

5.4 FBI’S ADVISORY POLICY BOARD (APB) MEMBER NOMINATED BY THE APB 

 

6.0 VACANCIES

6.1 VACANCY WITH LESS THAN SIX MONTHS REMAINING IN TERM

6.2 VACANCY WITH SIX MONTHS OR MORE REMAINING IN TERM

 

7.0 OFFICERS

7.1 DUTIES OF OFFICERS

7.2 QUALIFICATIONS OF CHAIRMAN AND VICE CHAIRMAN

7.3 TERM OF OFFICERS

7.4 ELECTIONS OF OFFICERS

7.5 VACANCIES

8.0 MEETINGS

8.1 FREQUENCY AND LOCATION OF MEETINGS

8.2 PRESENCE OF OFFICERS 

8.3 NOTICE OF MEETINGS 

8.4 CONDUCT OF MEETINGS   

8.5 PROXIES

8.6 ATTENDANCE AT MEETINGS

8.7 OPEN SESSIONS 

8.8 QUORUM 

8.9 VOTING  

8.10 AGENDA

8.11 MINUTES AND RECORDS OF THE COMPACT COUNCIL  

8.12 ADJOURNMENT OF MEETINGS 

 

9.0 PROMULGATION OF RULES, PROCEDURES AND STANDARDS

9.1 COORDINATION WITH AFFECTED PERSONS, AGENCIES AND ORGANIZATIONS

9.2 EFFECTIVE DATE

 

10.0 COMPENSATION

 

11.0 ASSISTANCE FROM THE FBI

 

12.0 COMMITTEES

 

13.0 DISCRIMINATION PROHIBITED

 

14.0 AMENDMENTS TO BYLAWS 

 

APPENDIX 1

National Crime Prevention and Privacy Compact Act of 1998

 

2.0 FBI COMPACT OFFICER

The Director of the FBI shall appoint an FBI Compact officer who shall:

(A) Administer the Compact within the Department of Justice and among Federal agencies and other agencies and
organizations that submit search requests to the FBI.

(B) Ensure that Compact provisions and rules, procedures, and standards prescribed by the Compact Council
under Article VI of the National Crime Prevention and Privacy Compact are complied with by the
Department of Justice and the Federal agencies and other agencies and organizations; 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.

The FBI Compact officer shall facilitate the election process, the appointment of Compact Council members with
the Attorney General and provide staff support to the Compact Council, it's officers, and its committees.

 

3.0 MEMBERSHIP OF THE COMPACT COUNCIL

The Compact Council shall be composed of 15 members, each of whom shall be appointed by the Attorney General, as follows:

(A) Nine members, each of whom shall serve a two-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 for a one-year term.

(B) Two at-large members, nominated by the Director of the FBI, each of whom shall serve a three-year
term, of whom:

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

(2)  One shall be a representative of the noncriminal justice agencies of the Federal Government. 

(C) Two at-large members, nominated by the Chairman of the Compact Council (“Chairman”), once
the Chairman is elected, each of whom shall serve a three-year term, of whom:

(1)  One shall be a representative of State or local criminal justice agencies; and

(2)  One shall be a representative of State or local noncriminal justice agencies.

(D) One member, who shall serve a three-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.

(E) One member, nominated by the Director of the FBI, who shall serve a three-year term, and who
shall be an employee of the FBI.

 

4.0 TERM OF MEMBERS

Each appointment term shall begin on October 1st.  All terms shall end on September 30th at the end of one, two, or three years as necessary to fulfill the requisite term.

In the case of a vacancy that occurs before the end of a term, such vacancy shall be filled as specified in Section 6.  There shall be no limit on the number of times a Council member may be reappointed, provided that he/she shall have been renominated as specified in Section 3.0 of these Bylaws, before each reappointment.

 

5.0 END-OF-TERM APPOINTMENT PROCESS

Prior to the end of a Compact Council member’s term, the nomination process described in Section 3 and in this Section shall be followed to obtain an appointment for the next term.  By August 1st, the Attorney General shall be given nominations for the new term.

–5.1 MEMBERS RECOMMENDED BY COMPACT OFFICERS OF ALL PARTY STATES

State Compact officer appointments are staggered such that expiration of terms occur on alternating years.  In order
to fill the requisite number of vacancies for state Compact officer appointments due to the expiration of terms, the
Chairman shall ask each eligible state Compact officer whether he/she wants to be nominated to serve on the
Compact Council.

If this solicitation results in less candidates than vacancies to be filled, the Chairman shall ask the state Compact
officers for nominations of chief administrators of criminal history record repositories of Nonparty States.  The
Chairman shall ask each such chief administrator of the criminal history record repository of the Nonparty State
whether he/she wants to be nominated to serve on the Compact Council.

The Chairman shall conduct an election during the month of July with each state Compact officer voting for the
requisite number of candidates.  In the case of an election that does not conclusively identify the requisite number
of candidates for the vacancies that exist, the Chairman shall conduct a run-off election as necessary to resolve
a tie(s).

The Chairman shall nominate the requisite number of candidates receiving the highest number of votes.  The
Chairman shall forward these nominations to the Attorney General by August 1^st.

The Chairman shall retain a list of the number of votes received by the remaining candidates, identified as
alternates, for use in filling vacancies.  This list shall be valid until the next election.

–5.2 MEMBERS NOMINATED BY THE DIRECTOR OF THE FBI

In those years when necessary, the Director of the FBI shall submit a nominee(s) to the Attorney General
by August 1st.

–5.3 MEMBERS NOMINATED BY THE CHAIRMAN OF THE COMPACT COUNCIL

Before making these nominations, the Chairman shall request recommendations for these nominations from all
members of the Compact Council and the Compact officers of other Party States.  The Chairman shall consider,
but not necessarily nominate from the recommended individuals.  The Chairman shall select two nominees and
two alternates.  The alternates shall be used to fill a vacancy that might occur, as specified in Section 6.2(C).  In
those years when necessary, the Chairman shall submit the two nominees to the Attorney General by August 1^st.

–5.4 FBI’S ADVISORY POLICY BOARD (APB) MEMBER NOMINATED BY THE APB

In those years when necessary, the Chairman of the APB shall submit a nominee to the Attorney General by
August 1st.

 

6.0 VACANCIES

If a member vacates his/her position on the Compact Council with less than six months remaining in his/her term, a new name shall be submitted to the Attorney General to appoint a new Compact Council member effective October 1 of that year, as if the member had completed his/her term.  If a member vacates his/her position on the Compact Council with six or more months remaining in his/her term, the Attorney General shall be asked to appoint a new Compact Council member to fill the remainder of the term (i.e., a partial term), as described later in this Section of the Bylaws.  All  members appointed due to vacancies shall have been duly nominated as specified in Section 3.0.

 

–6.1 VACANCY WITH LESS THAN SIX MONTHS REMAINING IN TERM

The end-of-term process as described in Section 5.0 of these Bylaws shall be followed.

–6.2  VACANCY WITH SIX MONTHS OR MORE REMAINING IN TERM

(A)  COMPACT OFFICER OR NONPARTY STATE MEMBER RECOMMENDED BY COMPACT
OFFICERS OF ALL PARTY STATES

The Chairman shall forward the name of the individual who received the most votes as an alternate, as
specified in Section 5.1, to the Attorney General for appointment to serve out the term.  As additional
vacancies occur, the Chairman  shall submit the names of the individuals receiving the next highest votes
to the Attorney General for appointment to serve out the term.  If no available candidates remain on this
list, the Chairman shall hold a special election to obtain this nomination(s) and possible alternates for
future use.

(B)  AT-LARGE MEMBER OR FBI EMPLOYEE NOMINATED BY THE DIRECTOR OF THE FBI

The Director of the FBI shall submit a nominee to the Attorney General to serve out the term.

(C)  AT-LARGE MEMBER NOMINATED BY THE CHAIRMAN OF THE COMPACT COUNCIL

  The Chairman shall select one of the alternates previously identified, as specified in Section 5.3.  The
Chairman shall submit this nominee to the Attorney General for appointment to serve out the term.  If no
available candidates remain, the Chairman shall request recommendations for the nomination from all
members of the Compact Council and the Compact officers of other Party States.  Considering the
recommended individuals, the Chairman shall select a nominee.

  (D)  FBI’S ADVISORY POLICY BOARD (APB) MEMBER NOMINATED BY THE APB

The Chairman of the APB shall submit a nominee to the Attorney General to serve out the term.

 

7.0 OFFICERS

The officers of the Compact Council shall be a Chairman and Vice Chairman.

 

–7.1 DUTIES OF OFFICERS

  The Chairman shall:

(A)  Set the agenda for Compact Council meetings and preside over these meetings;

(B)  Designate another Compact Council member to preside over Compact Council meetings in the absence of
both the Chairman and Vice Chairman;

(C)  Coordinate with the FBI Compact officer on all administrative matters relating to the Compact Council,
including notification to the appropriate nominating authority(ies) concerning any vacancies on the Compact
Council that must be filled;

(D)  Establish Committees of the Compact Council, appoint the Chairman of each Committee, and prescribe
committee membership, responsibilities, and duration;

(E)  Hold elections with state Compact officers to nominate candidates for appointment to the Compact Council;

(F)  Nominate two persons to serve on the Compact Council as at-large members; and

(G)  Represent the Compact Council at various governmental and other functions to further the goals of the
Compact Council.

The Vice Chairman of the Compact Council shall serve as the Chairman of the Compact Council in the
absence of the Chairman.

–7.2 QUALIFICATIONS OF CHAIRMAN AND VICE CHAIRMAN

The Chairman and Vice Chairman of the Compact Council–

  (A)  shall be members of the Compact Council; and

(B)  shall be Compact officers, unless there is no Compact officer on the Compact Council who is willing to
serve, in which case the Chairman may be an at-large member; the Vice-Chairman may be any member
of the Compact Council.

–7.3 TERM OF OFFICERS

The term of the officers shall be two years in duration.  An officer may not serve more than two terms
consecutively in the same office.

–7.4 ELECTIONS OF OFFICERS

Elections of the Chairman and Vice Chairman shall be held at the first Compact Council meeting after September
30th in those years when elections are necessary.  The Compact Council member who is an FBI employee shall
conduct the election of the Chairman.

Each member of the Compact Council may nominate a qualified candidate for Chairman.  The election of the
Chairman shall be held by a secret ballot of the Compact Council members, and the candidate with a simple
majority vote is elected.  If no candidate receives a simple majority, there shall be a run-off election involving
the two candidates who received the most votes.

The newly elected Chairman shall conduct the election for the Vice Chairman.  Each member of the Compact
Council may nominate a qualified candidate for Vice Chairman.  The election of the Vice Chairman shall be held
by a secret ballot of the Compact Council members, and the candidate with a simple majority vote is elected.  If
no candidate receives a simple majority, there shall be a run-off election involving the two candidates who
received the most votes.

–7.5 VACANCIES

In the event of a vacancy in the office of Chairman, the Vice Chairman shall succeed the Chairman for the
remainder of the term of office and shall hold a special election for a new Vice Chairman at the next Compact
Council meeting.  If both offices become vacant, the Compact Council member who is an FBI employee shall
call for and hold a special election for the remainder of the terms of office.  Nominations and voting shall be
made in the same manner as stated in Section 7.4.  Serving for a partial term will not be counted toward the
two-term limit set in Section 7.3.

 

8.0 MEETINGS

 

–8.1 FREQUENCY AND LOCATION OF MEETINGS

The Compact Council shall meet at least once a year at the call of the Chairman.  Before adjourning a Compact
Council meeting, the Chairman shall solicit recommendations from the Compact Council regarding the date and
location for the next Compact Council meeting.  All meetings shall be held at a place reasonably accessible to
the public.

–8.2 PRESENCE OF OFFICERS

The Chairman, Vice Chairman, or Chairman’s designee must be present at Compact Council meetings.

–8.3 NOTICE OF MEETINGS

A notice of each meeting of the Compact Council shall be published in the Federal Register at least 30 days’
prior to the meeting.  The notice shall include the matters to be addressed at the meeting.

–8.4 CONDUCT OF MEETINGS

All meetings shall be conducted in compliance with Roberts Rules of Order (latest revision) except as otherwise
provided in these Bylaws.

–8.5 PROXIES

A Compact Council member may designate a proxy for a Compact Council meeting by notifying the Chairman
in writing prior to the meeting for which the proxy is given.  The proxy shall be a knowledgeable person from the
same agency as the Compact Council member who is being represented, or a Compact officer or the chief
administrator of a criminal history record repository of another State which does not have a member on the
Compact Council.

–8.6 ATTENDANCE AT MEETINGS

Members of the Compact Council shall attend all Compact Council meetings or send a proxy if their attendance is
not possible.  If a Compact Council member or his/her proxy fails to attend two consecutive Compact Council
meetings, then such Compact Council member shall relinquish membership on the Compact Council and the
Chairman of the Compact Council shall begin the process of appointing a new member.

–8.7 OPEN SESSIONS

Meetings of the Compact Council shall be in open session.  Meetings shall be open to the public on a first-come,
first seated basis.  Any member of the public may file a written statement concerning matters related to the
concerns and activities of the Compact Council.  Anyone wishing to address a session of a Compact Council
meeting should notify the FBI’s Compact officer at least 24 hours prior to the start of the session.  The notification
should contain the requestor’s name and corporate designation, consumer affiliation, or government designation,
along with a short statement describing the topic to be addressed, and the time needed for the presentation. 
Vendors will not be permitted to promote products or make sales presentations while the Council meeting is in
open session without the approval of the Chairman.  The Chairman of the Compact Council shall have the
discretion whether or not to recognize a requestor, who has provided the proper notification, as a speaker at a
Compact Council meeting.  Requestors shall ordinarily be allowed not more than 15 minutes to present a topic. 
Notifications and inquiries shall be addressed to: FBI Compact Officer, FBI, CJIS Division, 1000 Custer Hollow
Road, Clarksburg, West Virginia 26306-0145, telephone (304) 625-2000.

–8.8 QUORUM

A simple majority of the Compact Council or any Committee of the Compact Council shall constitute a quorum
of the Compact Council or of such Committee, respectively, for the conduct of business.  No vote shall be taken
without a quorum.  A lesser number may meet to hold hearings, take testimony, or conduct any business not
requiring a vote.

–8.9 VOTING

Only members or their proxies in attendance at Compact Council meetings shall be eligible to make motions and
vote.  Except for amendments to the Bylaws, all votes shall be decided by a simple majority of those members
of the Compact Council present.

–8.10 AGENDA

The agenda for a Compact Council meeting shall be set and mailed or communicated electronically to each
member at least thirty days  in advance of the meeting.  The Chairman shall be the final arbiter of all agenda items.

–8.11 MINUTES AND RECORDS OF THE COMPACT COUNCIL

Minutes, records, transcripts, and other documents of the Compact Council shall be administered by the FBI. 
The Compact Council shall make available for public inspection and copying at the Compact Council office
within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the
Compact Council.

The FBI shall distribute draft minutes to the Compact Council members within sixty days after a Compact
Council meeting.  The draft minutes shall be considered for approval at the next Compact Council meeting. 
The final approved minutes of meetings shall be available to the public upon request.  Minutes of Compact
Council meetings shall be kept and maintained at the:  Compact Council Office, FBI, CJIS Division, 1000
Custer Hollow Road, Clarksburg, West Virginia 26306-0145.

–8.12 ADJOURNMENT OF MEETINGS

A meeting may be adjourned by the Chairman at any time with a majority vote of the Compact Council.

 

9.0 PROMULGATION OF RULES, PROCEDURES AND STANDARDS

The Compact Council shall promulgate rules, procedures and standards upon a majority vote of its members at a
scheduled public meeting except in cases in which the Compact Council determines that exigent circumstances require immediate action.  In the latter cases, the Compact Council may approve a rule, procedure or standard by telephone conference call or by other available means of communication, provided that such a rule, procedure or standard shall expire unless adopted by the Compact Council at a scheduled public meeting within 90 days after the emergency action.

–9.1 COORDINATION WITH AFFECTED PERSONS, AGENCIES AND ORGANIZATIONS.

If the Compact Council has reason to believe that a particular rule, procedure or standard will have a major
impact on a significant number of persons, agencies or organizations and that the views and concerns of such
persons, agencies, or organizations have not adequately been made known to the Compact Council, it may
publish a proposed rule, procedure or standard in the Federal Register with a notice that written comments may
be submitted to the Compact Council Office in the FBI during a period of at least thirty days.  At its next meeting,
the Council may, after due consideration of any comments received, approve the rule, procedure or standard in
final form.

–9.2 EFFECTIVE DATE

Final rules, procedures or standards shall become effective 30 days after publication in the Federal Register
unless the Council declares that a particular rule, procedure or standard shall become effective immediately
upon publication due to exigent circumstances.

 

10.0 COMPENSATION

Members of the Compact Council (other than a member from the FBI or any at-large member who may be a Federal
official or employee) shall not, by virtue of such membership, be deemed-- 

(A) to be, for any purpose other than to effect the Compact, officers or employees of the United States (as
defined in sections 2104 and 2105 of title 5, United States Code); or

(B) to become entitled by reason of Compact Council membership to any compensation or benefit payable or
made available by the Federal Government to its officers or employees.

  The FBI shall reimburse members or proxies of the Compact Council and members of Compact Council
committees for approved travel and subsistence expenses for attendance at meetings from available funds. 
Reimbursement shall be pursuant to title 5, United States Code, Section 5703.

 

11.0 ASSISTANCE FROM THE FBI

The Compact Council may request from the FBI such reports, studies, statistics, or other information or materials as
the Compact Council determines to be necessary to enable the Compact 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.
The FBI shall provide administrative support for the Compact Council, attend meetings, and provide assistance to the
Compact Council during meetings as requested by the Chairman.

 

 

13.0 DISCRIMINATION PROHIBITED

With regard to all Compact Council and Compact Council Committee matters, there shall be no discrimination on the basis of race, color, national origin, religion, age, sex, or disability.

 

14.0 AMENDMENTS TO BYLAWS

Proposed amendments to these Bylaws shall be sponsored by a member of the Compact Council and shall be mailed
or communicated electronically to the members of the Compact Council at least  thirty days before the meeting at which
the amendment will be considered.  These Bylaws may be amended by adoption of a motion.  The motion shall contain
the exact wording of the change and contain an effective date.  At least a two-thirds majority of the voting Compact
Council members present is required for the motion to pass.