Reading Room Document

Compact for the Interstate Exchange of Criminal History Records for Non-Criminal Justice Purposes

In this brief memo, the OLC addressed a disagreement between its office and the National Crime Center’s Advisory Policy Board. The disagreement centered on the Compact for the Interstate Exchange of Criminal History Records for Non-Criminal Justice Purposes––an agreement that allowed information sharing between federal and state governments––and the OLC’s view that as written, the establishment of a Compact Council with rulemaking and adjudicatory authority would be an exercise of “significant authority pursuant to the laws of the United States” as interpreted by the Supreme Court. As such, the Council could not constitutionally exercise such powers without appointments clause compliance. The OLC proposed (omitted) modifications to ensure conformity.

March 12, 1992