Outsourcing of Noncriminal Justice Administrative Functions, 74200 [05-24055]
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74200
Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations
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Mark E. Matthews,
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Approved: December 1, 2005.
Eric Solomon,
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[FR Doc. 05–23945 Filed 12–14–05; 8:45 am]
BILLING CODE 4830–01–U
NATIONAL CRIME PREVENTION AND
PRIVACY COMPACT COUNCIL
28 CFR Part 906
[NCPPC 113]
Outsourcing of Noncriminal Justice
Administrative Functions
National Crime Prevention and
Privacy Compact Council.
ACTION: Final rule.
AGENCY:
SUMMARY: The Compact Council,
established pursuant to the National
Crime Prevention and Privacy Compact
Act of 1998 (Compact), is adopting, as
a final rule, without change, an interim
final rule which permits the outsourcing
of noncriminal justice administrative
functions involving access to criminal
history record information (CHRI).
Procedures established to permit
outsourcing are required to conform
with the Compact Council’s
interpretation of Articles IV and V of the
Compact.
DATES: This rule is effective December
15, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law
Enforcement, 2331 Phillips Road,
Tallahassee, Florida 32308–5333,
telephone number (850) 410–7100.
SUPPLEMENTARY INFORMATION:
I. Background
The Compact, 42 U.S.C. 14616,
establishes uniform standards and
processes for the interstate and FederalState exchange of criminal history
records for noncriminal justice
purposes. The Compact was approved
by the Congress on October 9, 1998,
(Pub. L. 105–251) and became effective
on April 28, 1999, when ratified by the
second state. Article VI of the Compact
provides for a Compact Council that has
the authority to promulgate rules and
procedures governing the use of the
Interstate Identification Index (III)
System for noncriminal justice
VerDate Aug<31>2005
12:19 Dec 14, 2005
Jkt 208001
purposes. On December 16, 2004, the
Compact Council published in the
Federal Register, 69 FR 75243, an
interim final rule with request for
comments. This rule permits a third
party to perform noncriminal justice
administrative functions relating to the
processing of CHRI maintained in the III
System, subject to appropriate controls,
when acting as an agent for a
governmental agency or other
authorized recipient of CHRI. Published
in a notice elsewhere in today’s edition
of the Federal Register is the Security
and Management Control Outsourcing
Standard which establishes the
appropriate controls.
II. Discussion of Comments on the
Interim Final Rule
The 60-day comment period for the
interim final rule closed on February 14,
2005. Two comments were received
from a state agency.
The first comment concerned section
906.2(b). The state agency questioned
the clarity of what specifically was
contemplated in the exceptions to the
provision that contractors, agencies, or
organizations shall not be permitted to
have terminal access to the III System
and suggested further explanation or
examples of what situations would
permit contractors to have direct
terminal access to the III System. The
Compact, at Article V (c), provides
‘‘Direct access to the National
Identification Index by entities other
than the FBI and State criminal history
record repositories shall not be
permitted for noncriminal justice
purposes’’ and 42 U.S.C. 14614(b)
provides that ‘‘Nothing in the Compact
shall interfere in any manner with—(1)
access, direct or otherwise, to records
pursuant to—(the various laws specified
in that section) or (2) any direct access
to Federal criminal history records
authorized by law.’’ Therefore,
authorized agencies (i.e., FBI, state
repositories, and certain agencies
performing the background checks
authorized under 42 U.S.C. 14614(b))
require direct access to III in order to
perform their authorized functions.
Although these agencies may choose not
to outsource these functions, the
exception language in the rule was
intended to not prohibit that option.
The second comment questioned
whether the Outsourcing Rule has any
affect on a specific provision of the
Security Clearance Information Act
(SCIA) (5 U.S.C. 9101) which authorizes
a State criminal history record
repository to require that fingerprints
accompany a SCIA record check request
if certain requirements are met.
Pursuant to the SCIA, the six covered
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
federal agencies may have direct
terminal access to the III to conduct
record checks of individuals being
considered for assignment or retention
in a position with access to classified
information, a critical or sensitive
position, a position of public trust, etc.
The SCIA also provides that ‘‘Such a
request to a State criminal history
record repository shall be accompanied
by the fingerprints of the individual
who is the subject of the request if
required by State law and if the
repository uses the fingerprints in an
automated fingerprint identification
system.’’ Accordingly, the Outsourcing
Rule has no impact on this SCIA
provision nor does the rule affect the
state law requiring fingerprints for use
in conducting a state automated
fingerprint identification system record
check for such purposes.
The Compact Council did not believe
that any changes to the rule were
necessary based on the comments;
therefore, the interim final rule is being
adopted as final without change.
List of Subjects in 28 CFR Part 906
Administrative practice and
procedure, Intergovernmental relations,
Law Enforcement, Privacy.
PART 906—OUTSOURCING OF
NONCRIMINAL JUSTICE
ADMINISTRATIVE FUNCTIONS
Accordingly, the interim final rule
adding part 906 which was published at
69 FR 75243 on December 16, 2004, is
adopted as a final rule without change.
Dated: November 23, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–24055 Filed 12–14–05; 8:45 am]
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E:\FR\FM\15DER1.SGM
15DER1
Agencies
[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Page 74200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24055]
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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
28 CFR Part 906
[NCPPC 113]
Outsourcing of Noncriminal Justice Administrative Functions
AGENCY: National Crime Prevention and Privacy Compact Council.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Compact Council, established pursuant to the National
Crime Prevention and Privacy Compact Act of 1998 (Compact), is
adopting, as a final rule, without change, an interim final rule which
permits the outsourcing of noncriminal justice administrative functions
involving access to criminal history record information (CHRI).
Procedures established to permit outsourcing are required to conform
with the Compact Council's interpretation of Articles IV and V of the
Compact.
DATES: This rule is effective December 15, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law Enforcement, 2331 Phillips Road,
Tallahassee, Florida 32308-5333, telephone number (850) 410-7100.
SUPPLEMENTARY INFORMATION:
I. Background
The Compact, 42 U.S.C. 14616, establishes uniform standards and
processes for the interstate and Federal-State exchange of criminal
history records for noncriminal justice purposes. The Compact was
approved by the Congress on October 9, 1998, (Pub. L. 105-251) and
became effective on April 28, 1999, when ratified by the second state.
Article VI of the Compact provides for a Compact Council that has the
authority to promulgate rules and procedures governing the use of the
Interstate Identification Index (III) System for noncriminal justice
purposes. On December 16, 2004, the Compact Council published in the
Federal Register, 69 FR 75243, an interim final rule with request for
comments. This rule permits a third party to perform noncriminal
justice administrative functions relating to the processing of CHRI
maintained in the III System, subject to appropriate controls, when
acting as an agent for a governmental agency or other authorized
recipient of CHRI. Published in a notice elsewhere in today's edition
of the Federal Register is the Security and Management Control
Outsourcing Standard which establishes the appropriate controls.
II. Discussion of Comments on the Interim Final Rule
The 60-day comment period for the interim final rule closed on
February 14, 2005. Two comments were received from a state agency.
The first comment concerned section 906.2(b). The state agency
questioned the clarity of what specifically was contemplated in the
exceptions to the provision that contractors, agencies, or
organizations shall not be permitted to have terminal access to the III
System and suggested further explanation or examples of what situations
would permit contractors to have direct terminal access to the III
System. The Compact, at Article V (c), provides ``Direct access to the
National Identification Index by entities other than the FBI and State
criminal history record repositories shall not be permitted for
noncriminal justice purposes'' and 42 U.S.C. 14614(b) provides that
``Nothing in the Compact shall interfere in any manner with--(1)
access, direct or otherwise, to records pursuant to--(the various laws
specified in that section) or (2) any direct access to Federal criminal
history records authorized by law.'' Therefore, authorized agencies
(i.e., FBI, state repositories, and certain agencies performing the
background checks authorized under 42 U.S.C. 14614(b)) require direct
access to III in order to perform their authorized functions. Although
these agencies may choose not to outsource these functions, the
exception language in the rule was intended to not prohibit that
option.
The second comment questioned whether the Outsourcing Rule has any
affect on a specific provision of the Security Clearance Information
Act (SCIA) (5 U.S.C. 9101) which authorizes a State criminal history
record repository to require that fingerprints accompany a SCIA record
check request if certain requirements are met. Pursuant to the SCIA,
the six covered federal agencies may have direct terminal access to the
III to conduct record checks of individuals being considered for
assignment or retention in a position with access to classified
information, a critical or sensitive position, a position of public
trust, etc. The SCIA also provides that ``Such a request to a State
criminal history record repository shall be accompanied by the
fingerprints of the individual who is the subject of the request if
required by State law and if the repository uses the fingerprints in an
automated fingerprint identification system.'' Accordingly, the
Outsourcing Rule has no impact on this SCIA provision nor does the rule
affect the state law requiring fingerprints for use in conducting a
state automated fingerprint identification system record check for such
purposes.
The Compact Council did not believe that any changes to the rule
were necessary based on the comments; therefore, the interim final rule
is being adopted as final without change.
List of Subjects in 28 CFR Part 906
Administrative practice and procedure, Intergovernmental relations,
Law Enforcement, Privacy.
PART 906--OUTSOURCING OF NONCRIMINAL JUSTICE ADMINISTRATIVE
FUNCTIONS
Accordingly, the interim final rule adding part 906 which was
published at 69 FR 75243 on December 16, 2004, is adopted as a final
rule without change.
Dated: November 23, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-24055 Filed 12-14-05; 8:45 am]
BILLING CODE 4410-02-P