Compact Council Procedures for Compliant Conduct and Responsible Use of the Interstate Identification Index (III) System for Noncriminal Justice Purposes, 8050-8054 [05-3045]
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Federal Register / Vol. 70, No. 32 / Thursday, February 17, 2005 / Proposed Rules
States are specifically required to
‘‘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.’’ Compact Article IV(c)(3).
§ 904.3 State criminal history record
screening standards.
The following record screening
standards relate to criminal history
record information received for
noncriminal justice purposes as a result
of a national search subject to the
Compact utilizing the III System.
(a) The State Criminal History Record
Repository or an authorized agency in
the receiving state will complete the
record screening required under § 904.2
for all noncriminal justice purposes.
(b) Authorized officials performing
record screening under § 904.3(a) shall
screen the record to determine what
information may legally be
disseminated for the authorized purpose
for which the record was requested.
Such record screening will be
conducted pursuant to the receiving
state’s applicable statute, executive
order, regulation, formal determination
or directive of the state attorney general,
or other applicable legal authority.
(c) If the state receiving the record has
no law, regulation, executive order, state
attorney general directive, or other legal
authority providing guidance on the
screening of criminal history record
information received from the FBI or
another state as a result of a national
search, then the record screening under
§ 904.3(a) shall be performed in the
same manner in which the state screens
its own records for noncriminal justice
purposes.
Dated: January 29, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–3041 Filed 2–16–05; 8:45 am]
BILLING CODE 4410–02–P
NATIONAL CRIME PREVENTION AND
PRIVACY COMPACT COUNCIL
28 CFR Part 907
[NCPPC 108]
Compact Council Procedures for
Compliant Conduct and Responsible
Use of the Interstate Identification
Index (III) System for Noncriminal
Justice Purposes
National Crime Prevention and
Privacy Compact Council.
AGENCY:
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ACTION:
Proposed rule.
SUMMARY: The Compact Council,
established pursuant to the National
Crime Prevention and Privacy Compact
(Compact), is publishing a rule
proposing to establish a procedure for
ensuring compliant conduct and
responsible use of the Interstate
Identification Index (III) System for
noncriminal justice purposes as
authorized by Article VI of the Compact.
DATES: Comments must be received on
or before March 21, 2005.
ADDRESSES: Send all written comments
concerning this proposed rule to the
Compact Council Office, 1000 Custer
Hollow Road, Module C3, Clarksburg,
WV 26306; Attention: Todd C.
Commodore. Comments may also be
submitted by fax at (304) 625–5388. To
ensure proper handling, please
reference ‘‘Compliant Conduct and
Responsible Use of the Interstate
Identification Index (III) for
Noncriminal Justice Purposes’’ on your
correspondence. You may view an
electronic version of this proposed rule
at https://www.regulations.gov. You may
also comment via electronic mail at
tcommodo@leo.gov or by using the
https://www.regulations.gov comment
form for this regulation. When
submitting comments electronically you
must include NCPPC Docket No. 108 in
the subject box.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law
Enforcement, 2331 Philips Road,
Tallahassee, Florida 32308–5333,
telephone number (850) 410–7100.
SUPPLEMENTARY INFORMATION: The
National Crime Prevention and Privacy
Compact, 42 U.S.C. 14616, establishes
uniform rules, procedures, and
standards for the interstate and federalstate exchange of criminal history
records for noncriminal justice
purposes. The Compact was signed into
law on October 9, 1998, (Pub. L. 105–
251) and became effective on April 28,
1999, when ratified by the second state.
The Compact provides for the
expeditious provision of Federal and
State criminal history records to
governmental and nongovernmental
agencies that use such records for
noncriminal justice purposes authorized
by pertinent Federal and State law,
while simultaneously enhancing the
accuracy of the records and
safeguarding the information contained
therein from unauthorized disclosure or
use.
To carry out its responsibilities under
the Compact, the Compact Council is
authorized under Article III and Article
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VI to establish III System rules,
procedures, and standards concerning
record dissemination and use, response
times, data quality, system security,
accuracy, privacy protection and other
aspects of III System operation for
noncriminal justice purposes. Access to
records is conditional upon the
submission of the subject’s fingerprints
or other approved forms of positive
identification with the record check
request as set forth in Article V of the
Compact. Further, any record obtained
under the Compact may be used only for
the official purposes for which the
record was requested.
Article III(a) of the Compact requires
the Director of the FBI to appoint a
Compact Officer (herein referred to as
the FBI Compact Officer) to administer
the Compact within the Department of
Justice (DOJ) and among Federal
agencies and other agencies and
organizations that submit search
requests to the FBI and to ensure that
Compact provisions and Compact
Council rules, procedures, and
standards are complied with by DOJ and
other Federal agencies and other
agencies and organizations. Article III(b)
requires each Party State to appoint a
Compact Officer (herein referred to as
the State Compact Officer) who shall
administer the Compact within the
state, ensure that Compact provisions
and Compact Council rules, procedures,
and standards are complied with, and
regulate the in-state use of records
received by means of the III System
from the FBI or from other Party States.
Background
Pursuant to Articles VI and XI
respectively, the Compact Council has
the authority to promulgate rules and
procedures governing the use of the III
system for noncriminal justice purposes
and has the initial authority to make
determinations with respect to any
dispute regarding interpretation of the
Compact, any rule or standard
established by the Compact Council
pursuant to Article VI of the Compact,
and any dispute or controversy between
any parties to the Compact. Based upon
its authority under the Compact, the
Compact Council may impose
appropriate sanctions against agencies
that do not operate in accordance with
the Compact and rules and procedures
promulgated by the Compact Council.
The Compact Council is establishing
this rule to protect and enhance the
accuracy and privacy of III System
records, to ensure that only authorized
access to records is permitted, and to
ensure that records are used and
disseminated only for particular
authorized noncriminal justice
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purposes. The procedures established
by the rule will be used in determining
compliant conduct and responsible use
of III System records and in addressing
any violations that may be detected.
This rule acts as public notice that
unauthorized access to the III System for
noncriminal justice purposes or misuse
of records obtained by means of the
System for such purposes may result in
the imposition of sanctions by the
Compact Council, which may include
the suspension of noncriminal justice
access to the III System should the
violation be found egregious or
constitute a serious risk to the integrity
of the System.
The Compact requires the FBI
Director to appoint an FBI Compact
Officer to ensure that federal agencies
comply with rules, procedures, and
standards established by the Compact
Council but does not directly address
the FBI’s responsibility to ensure state
compliance. The Act adopting the
Compact, however, provides that all
United States departments and agencies
shall enforce the Compact and cooperate
with one another and with all Party
States in enforcing the Compact and
effectuating its purposes. Pursuant to
this direction and authority, the FBI
Criminal Justice Information Services
(CJIS) Division has agreed to regularly
conduct systematic compliance reviews
of state repositories and selected
agencies for compliance with the
Compact and Compact Council rules on
use of the III System. The Compact
Council established the audit team and
approved the audit methodology that
will be used to conduct periodic
reviews of the FBI and agencies that
submit record check requests to the FBI
under federal authority. (For a copy of
the FBI Audit Methodology, contact the
FBI Compact Council Office). The
Compact Council and its Sanctions
Committee intend to work in concert
with the CJIS Advisory Policy Board’s
(APB) Ad Hoc Sanctions Subcommittee
to examine findings from FBI CJIS
Division staff reviews and determine the
proper arbiter over the sanctions process
for each finding or instance of violation.
The APB will continue to serve in its
role as an advisor to the FBI, which has
exclusive jurisdiction in matters
regarding the use of the III System for
criminal justice purposes. This advisory
capacity includes recommending
sanctions to the FBI Director related to
violations by criminal justice agencies
using the III System for criminal justice
purposes. If it is determined that a
sanction should be imposed on a
criminal justice agency for misusing the
III System for a noncriminal justice
purpose, the Compact Council will
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request that the Director of the FBI take
appropriate action.
In determining applicable actions or
sanctions for noncompliance with
Compact provisions or Compact Council
rules, the Compact Council shall take
into consideration: (1) Any meritorious,
unusual or aggravating circumstances
which affect the seriousness of the
violation; (2) circumstances that could
not reasonably have been foreseen by
the FBI, state repository, user agency, or
others; and (3) the nature and
seriousness of the violation, including
whether it was intentional, technical,
inadvertent, committed maliciously,
committed for gain, or repetitive. A
pattern or practice of noncompliance by
an agency may be grounds for the
imposition of sanctions. The Compact
Council may evaluate relevant
documentary evidence available from
any source.
If, as a result of a compliance review
or on the basis of other credible
information, the Compact Council
determines that an agency is not
operating in accordance with the
Compact and applicable rules,
procedures, and standards, prompt
notice will be given of the nature of the
noncompliance and the possible
consequences of failure to take effective
corrective action. A concerted effort will
be made to persuade the offending
agency to comply voluntarily. Efforts to
secure voluntary compliance will be
undertaken at the outset in every
noncompliance situation and will be
pursued through each stage of corrective
action. However, where a noncompliant
agency fails to provide adequate
assurance of compliance or apparently
breaches the terms of such assurance,
the Compact Council will take the
appropriate actions which could
include imposing sanctions or requiring
corrective action necessary to ensure
compliance. The Compact Council will
be flexible in determining what
corrective actions or sanctions are
appropriate and generally will require
the minimal action or impose the least
severe sanction necessary to ensure
compliance and deter violations.
Administrative Procedures and
Executive Orders
Administrative Procedure Act
This rule is published by the Compact
Council as authorized by the National
Crime Prevention and Privacy Compact
(Compact), an interstate and FederalState compact which was approved and
enacted into legislation by Congress
pursuant to Pub. L. 105–251. The
Compact Council is composed of 15
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members (with 11 State and local
governmental representatives).
The Compact Council is not a federal
agency as defined in the Administrative
Procedure Act. Accordingly, rulemaking
by the Compact Council pursuant to the
Compact is not subject to the Act.
However, the Compact specifically
provides that the Compact Council shall
prescribe rules and procedures for the
effective and proper use of the Interstate
Identification Index (III) System for
noncriminal justice purposes, and
mandates that such rules, procedures, or
standards established by the Compact
Council be published in the Federal
Register. See 42 U.S.C. 14616, Articles
II(4), VI(a)(1), and VI(e). This
publication complies with those
requirements.
Executive Order 12866
The Compact Council is not an
executive department or independent
regulatory agency as defined in 44
U.S.C. 3502; accordingly, Executive
Order 12866 is not applicable.
Executive Order 13132
The Compact Council is not an
executive department or independent
regulatory agency as defined in 44
U.S.C. 3502; accordingly, Executive
Order 13132 is not applicable.
Nonetheless, this rule fully complies
with the intent that the national
government should be deferential to the
States when taking action that affects
the policymaking discretion of the
States.
Executive Order 12988
The Compact Council is not an
executive agency or independent
establishment as defined in 5 U.S.C.
105; accordingly, Executive Order 12988
is not applicable.
Unfunded Mandates Reform Act
Approximately 75 percent of the
Compact Council members are
representatives of state and local
governments; accordingly, rules
prescribed by the Compact Council are
not Federal mandates. No actions are
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
The Small Business Regulatory
Enforcement Fairness Act (title 5, U.S.C.
801–804) is not applicable to the
Compact Council’s rule because the
Compact Council is not a ‘‘Federal
agency’’ as defined by 5 U.S.C. 804(1).
Likewise, the reporting requirement of
the Congressional Review Act (subtitle E
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of the Small Business Regulatory
Enforcement Fairness Act) does not
apply. See 5 U.S.C. 804.
List of Subjects in 28 CFR Part 907
Privacy, Accounting, Auditing.
For the reasons set forth above, the
National Crime Prevention and Privacy
Compact Council proposes to reserve
parts 903, 904, and 905 and add part
907 to chapter IX of title 28 Code of
Federal Regulations to read as follows:
PART 907—COMPACT COUNCIL
PROCEDURES FOR COMPLIANT
CONDUCT AND RESPONSIBLE USE
OF THE INTERSTATE IDENTIFICATION
INDEX (III) SYSTEM FOR
NONCRIMINAL JUSTICE PURPOSES
Sec.
907.1 Purpose and authority.
907.2 Applicability.
907.3 Assessing compliance.
907.4 Methodology for resolving
noncompliance.
907.5 Sanction adjudication.
Authority: 42 U.S.C. 14616.
§ 907.1
Purpose and authority.
The purpose of this part 907 is to
establish policies and procedures to
ensure that use of the III System for
noncriminal justice purposes complies
with the National Crime Prevention and
Privacy Compact (Compact) and with
rules, standards, and procedures
established by the Compact Council
regarding application and response
procedures, record dissemination and
use, response times, data quality, system
security, accuracy, privacy protection,
and other aspects of III System
operation for noncriminal justice
purposes. The rule is established
pursuant to Article VI of the Compact,
which authorizes the Compact Council
to promulgate rules, procedures, and
standards governing the use of the III
System for noncriminal justice
purposes. The rule requires responsible
authorized access to the System and use
of records obtained by means of the
System. It provides a comprehensive
procedure for a coordinated compliance
effort among the Compact Council, the
FBI, and local, state and federal
government agencies, and encourages
the cooperation of all affected parties.
§ 907.2
Applicability.
This rule applies to access to the III
System for noncriminal justice purposes
as covered by the Compact, See 42
U.S.C. 14614 and 14616, and the use of
information obtained by means of the
System for such purposes. The rule
establishes procedures for ensuring that
the FBI and the criminal history record
repositories of Compact Party States
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carry out their responsibilities under the
Compact, as set out in the National
Fingerprint File (NFF) Qualification
Requirements, and that federal, state
and local agencies that use the III
System for noncriminal justice purposes
comply with the Compact and with
applicable Compact Council rules.
§ 907.3
Assessing compliance.
(a) The FBI CJIS Division staff shall
regularly conduct systematic
compliance reviews of state repositories.
These reviews may include, as
necessary, reviews of III System user
agencies, including governmental and
nongovernmental noncriminal justice
entities that submit fingerprints to the
state repositories and criminal justice
and noncriminal justice entities with
direct access to the III System. These
reviews may include, as necessary, the
governmental and nongovernmental
noncriminal justice agencies authorized
to submit fingerprints directly to the
FBI. The reviews may consist of
systematic analyses and evaluations,
including on-site investigations, and
shall be as comprehensive as necessary
to adequately ensure compliance with
the Compact and Compact Council
rules. Violations may also be reported or
detected independently of a review.
(b) The FBI CJIS Division staff or the
audit team established to review the FBI
shall prepare a draft report describing
the nature and results of each review
and setting out all findings of
compliance and noncompliance,
including any reasons for
noncompliance and the circumstances
surrounding the noncompliance. If the
agency under review is the FBI or
another federal agency, the draft report
shall be forwarded to the FBI Compact
Officer. If the agency under review is a
state agency in a Party State, the draft
report shall be forwarded to the State
Compact Officer. If the agency under
review is a state agency in a Nonparty
State, the draft report shall be forwarded
to the chief administrator of the state
repository.
(c) The Compact Officer of the FBI or
a Party State or the chief administrator
of the state repository in a Nonparty
State shall be afforded the opportunity
to forward comments and supporting
materials to the FBI CJIS Division staff
or to the audit team.
(d) The FBI CJIS Division staff or the
audit team shall review any comments
and materials received and shall
incorporate applicable revisions into a
final report. The final report shall be
provided to the Compact Officer of the
FBI or a Party State or the chief
administrator of the state repository in
a Nonparty State to whom the draft
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report was sent. If the agency under
review is a state agency, a copy of the
report shall be provided to the FBI
Compact Officer. If the agency under
review is being reviewed for the first
time, the letter transmitting the report
shall provide that sanctions will not be
imposed regarding any deficiencies set
out in the report. The letter shall also
advise, however, that the deficiencies
must be remedied and failure to do so
before the agency is reviewed again will
result in the initiation of remedial
action pursuant to § 907.4.
§ 907.4 Methodology for resolving
noncompliance.
(a) Subsequent to each compliance
review that is not a first-time agency
review, the final report shall be
forwarded to the Compact Council
Sanctions Committee (Sanctions
Committee). The Sanctions Committee
shall review the report and if it
concludes that no violations occurred or
no violations occurred that are serious
enough to require further action, it shall
so advise the Compact Council
Chairman. The Compact Council
Chairman shall send a letter to this
effect to the FBI or Party State Compact
Officer or the chief administrator of the
state repository in a Nonparty State
which has executed a Memorandum of
Understanding. For all remaining states,
the FBI Director or Designee shall send
the letter to the chief administrator of
the state repository. If the agency under
review is a state agency, a copy of the
letter shall be provided to the FBI
Compact Officer.
(b) Should the Sanctions Committee
conclude that a violation has occurred
that is serious enough to require redress,
the Sanctions Committee shall
recommend to the Compact Council a
course of action necessary to bring the
offending agency into compliance and
require the offending agency to provide
assurances that subsequent violations
will not occur. In making its
recommendation, the Sanctions
Committee shall consider the minimal
action necessary to ensure compliance
or shall explain why corrective action is
not required. This may include, but not
be limited to, requiring a plan of action
by the offending agency to achieve
compliance, with benchmarks and
performance measures, and/or requiring
the agency to seek technical assistance
to identify sources of the problem and
proposed resolutions. If the Compact
Council approves the Sanctions
Committee’s recommendations, the
following progressive actions shall be
initiated:
(1) The Compact Council Chairman
shall send a letter to the Compact
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Officer of the FBI or Party State or the
chief administrator of the state
repository in a Nonparty State which
has executed a Memorandum of
Understanding. For all remaining states,
the FBI Director or Designee shall send
the letter to the chief administrator of
the state repository. The letter shall
identify the violations and set out the
actions necessary to come into
compliance. The letter shall provide
that if compliance is not achieved and
assurances provided that minimize the
probability that subsequent violations
will occur, and non-compliance is not
excused, the Compact Council may
authorize the FBI to refuse to process
requests for criminal history record
checks for noncriminal justice purposes
from the offending agency and, if the
offending agency is a criminal justice
agency, may request the Director of the
FBI to take appropriate action against
the offending agency consistent with the
recommendations of the Compact
Council. The letter shall direct the
Compact Officer of the FBI or Party
State or the chief administrator of the
state repository in a Nonparty State to
submit a written response within 30
calendar days from the date of the letter,
unless a more expeditious response is
required. If the offending agency is a
state agency, a copy of the letter shall
be provided to the FBI Compact Officer.
Written responses from the FBI, Party
States, and Nonparty States that have
executed a Memorandum of
Understanding shall be sent to the
Compact Council Chairman. The written
response for all remaining states shall be
sent to the FBI Director or Designee. The
offending agency’s response letter shall
go to the Compact Officer of the FBI or
Party State or the chief administrator of
the state repository in a Nonparty State
and shall outline the course of action it
will undertake to correct the
deficiencies and provide assurances that
subsequent violations will not recur.
Response letters that are received by the
FBI Director or Designee shall be made
available to the Compact Council
Chairman. The Compact Council
Chairman shall refer the response to the
Sanctions Committee for appropriate
action.
(2) If the Sanctions Committee deems
the response letter under paragraph
(b)(1) of this section to be insufficient,
or if no response is received within the
allotted time, the Sanctions Committee
shall report its finding to the Compact
Council. If the Compact Council agrees
with the Sanctions Committee’s finding,
it shall direct the Compact Council
Chairman to send a letter to the Director
of the FBI (if the offending agency is the
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FBI or another federal agency) or to the
head of the state agency in which the
state repository resides (if the offending
agency is a state agency), requesting
assistance in correcting the deficiencies.
The letter shall provide that the
offending agency is being placed on
probationary status. A copy of the letter
shall be sent to the Compact Officer of
the FBI or Party State or the chief
administrator of the state repository in
a Nonparty State. If the offending
agency is a state agency, a copy of the
letter shall be provided to the FBI
Compact Officer. The offending agency’s
written response to the letter shall be
required within 20 calendar days from
the date of the letter unless the Compact
Council requires a more expeditious
response. The Compact Council
Chairman shall refer the response letter
to the Sanctions Committee for
appropriate action.
(3) If the Sanctions Committee deems
the response letter under paragraph
(b)(2) of this section to be insufficient,
or if no response is received within the
allotted time, the Sanctions Committee
shall report its finding to the Compact
Council. If the Compact Council agrees
with the Sanctions Committee’s finding,
it shall direct the Compact Council
Chairman to send a letter to the U.S.
Attorney General (if the offending
agency is the FBI or another federal
agency) or to the elected/appointed state
official who has oversight of the
department in which the state
repository resides (if the offending
agency is a state agency), requesting
assistance in correcting the deficiencies.
If the state official is not the Governor,
a copy of the letter shall be sent to the
Governor. A copy of the letter shall also
be sent to the FBI Compact Officer and
(if the offending agency is a state
agency) to the State Compact Officer or
the chief administrator of the state
repository in a Nonparty State. The
letter shall provide that a written
response is required within 20 calendar
days of the date of the letter, and that
if a sufficient response is not received
within that time, sanctions may be
imposed that could result in suspension
of the offending agency’s access to the
III System for noncriminal justice
purposes. The Compact Council
Chairman shall refer the response letter
to the Sanctions Committee for
appropriate action.
(4) If no response letter is received
under paragraph (b)(3) of this section
within the allotted time, or if the
Sanctions Committee deems the
response to be insufficient, the
Sanctions Committee shall report its
finding to the Compact Council. If the
Compact Council agrees with the
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8053
Sanctions Committee’s finding, the
Compact Council Chairman shall direct
the FBI Compact Officer to take
appropriate action to suspend
noncriminal justice access to the III
System by the offending agency. If the
offending agency is a criminal justice
agency, the Compact Council Chairman
shall request the Director of the FBI to
take appropriate action to suspend
noncriminal justice access to the III
System by the offending agency.
(5) Reinstatement of full service by
the FBI shall occur after the Compact
Officer of the FBI or a Party State or the
chief administrator of the state
repository in a Nonparty State provides
to the Compact Council Chairman and
the Sanctions Committee satisfactory
documentation that the deficiencies
have been corrected or a process has
been initiated and approved by the
Sanctions Committee and the Compact
Council Chairman to correct the
deficiencies. If the Sanctions Committee
approves the documentation in
consultation with the Compact Council
Chairman, the Compact Council
Chairman shall request the FBI Compact
Officer to take appropriate action to
reinstate full service. Letters to this
effect shall be sent to all persons who
have previously received letters relating
to the deficiencies and resulting
suspension of service. The decision to
reinstate full service shall be considered
for ratification by the Compact Council
at its next regularly scheduled meeting.
(c) For good cause, the Compact
Council Chairman shall be authorized to
extend the number of days allowed for
the response letters required by
paragraphs (b) (1) through (3) of this
section.
§ 907.5
Sanction adjudication.
A Compact Officer of the FBI or a
Party State or the chief administrator of
the state repository in a Nonparty State
may dispute a sanction under this Part
by asking the Compact Council
Chairman for an opportunity to address
the Compact Council.
Unresolved disputes based on the
Compact Council’s issuance of sanctions
under this Part may be referred to the
Compact Council Dispute Adjudication
Committee when pertaining to disputes
described under ARTICLE XI(a) of the
Compact.
Nothing prohibits the Compact
Council from requesting the FBI to
exercise immediate and necessary
action to preserve the integrity of the III
System pursuant to Article XI(b) of the
Compact.
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Dated: January 28, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–3045 Filed 2–16–05; 8:45 am]
BILLING CODE 4410–02–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 05–77; MB Docket No. 05–8, RM–11142;
MB Docket No. 05–9, RM–11141; MB Docket
No. 05–10, RM–11140; MB Docket No. 05–
11, RM–11144; MB Docket No. 05–12, RM–
11145]
Radio Broadcasting Services;
Goldendale, WA, Ione, OR, Monument,
OR, Port Angeles, WA, and Ty Ty, GA
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document proposes five
new allotments in Goldendale, WA,
Ione, OR, Monument, OR, Port Angeles,
WA, and Ty Ty, Georgia. The Audio
Division requests comment on a petition
filed by Klickitat Broadcasting
proposing the allotment of Channel
240A at Goldendale, Washington, as the
community’s third local aural
transmission service. Channel 240A can
be allotted to Goldendale in compliance
with the Commission’s minimum
distance separation requirements with a
site restriction of 9.3 kilometers (5.8
miles) southeast to avoid a short-spacing
to the license site of FM Station KXXO,
Channel 241C, Olympia, Washington
and the application site of Channel
241C2 at Stanfield, Oregon. The
reference coordinates for Channel 240A
at Goldendale are 45–46–12 North
Latitude and 120–43–48 West
Longitude. See Supplementary
Information, infra.
DATES: Comments must be filed on or
before March 21, 2005, and reply
comments on or before April 5, 2005.
ADDRESSES: Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC. 20554. In addition to
filing comments with the FCC,
interested parties should serve the
petitioner, his counsel, or consultant, as
follows: John J. McVeigh, Esq., c/o
Klickitat Broadcasting, 12101 Blue
Paper Trail, Columbia, Maryland
21044–2787, John J. McVeigh, Esq., c/o
Plan 9 Broadcasting, 12101 Blue Paper
Trail, Columbia, Maryland 21044–2787
and Dan J. Alpert, c/o Sutton
Communications Company, The Law
Office of Dan J. Alpert, 2120 N. 21st
Road, Arlington, Virginia 22201.
VerDate jul<14>2003
14:42 Feb 16, 2005
Jkt 205001
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket Nos.
05–8, 05–9, 05–10, 05–11, 05–12,
adopted January 26, 2005 and released
January 28, 2005. The full text of this
Commission decision is available for
inspection and copying during regular
business hours at the FCC’s Reference
Information Center, Portals II, 445
Twelfth Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC,
20054, telephone 1–800–378–3160 or
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
The Audio Division requests
comments on a petition filed by
Klickitat Broadcasting proposing the
allotment of Channel 295A at Ione,
Oregon, as the community’s first local
aural transmission service. Channel
295A can be allotted to Ione in
compliance with the Commission’s
minimum distance separation
requirements with a site restriction of
12.5 kilometers (7.8 miles) southwest to
avoid a short-spacing to the license site
of FM Station KEGX, Channel 293C,
Richland, Washington. The reference
coordinates for Channel 295A at Ione
are 45–24–46 North Latitude and 119–
55–21 West Longitude.
The Audio Division requests
comments on a petition filed by
Klickitat Broadcasting proposing the
allotment of Channel 266A at
Monument, Oregon, as the community’s
first local aural transmission service.
Channel 266A can be allotted to
Monument in compliance with the
Commission’s minimum distance
separation requirements at city
reference coordinates at 44–49–40 NL
and 119–25–12 WL.
The Audio Division requests
comment on a petition filed by Plan 9
Broadcasting proposing the allotment of
Channel 229A at Port Angeles,
Washington as the community’s fifth
local aural transmission service.
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Channel 229A can be allotted to Port
Angeles in compliance with the
Commission’s minimum distance
separation requirements at city
reference coordinates at 48–06–54 North
Latitude and 123–26–36 West
Longitude. Port Angeles is located
within 320 kilometers (199 miles) of the
U.S.-Canadian border. Canadian
concurrence has been requested, as a
specially negotiated short-spaced
allotment because the proposed Port
Angeles allotment is short-spaced to
Canadian Station CJJR–FM, Channel
229C, Vancouver, BC and vacant
Channel 230A at Port Renfrew, BC.
The Audio Division requests
comment on a petition filed by Sutton
Communications Company proposing
the allotment of Channel 249A at Ty Ty,
Georgia, as the community’s first local
aural transmission service. Channel
249A can be allotted to Ty Ty in
compliance with the Commission’s
minimum distance separation
requirements with a site restriction of
10.8 kilometers (6.7 miles) north to
avoid short-spacing to the application
site of Station WDMG–FM, Channel
250A, Ambrose, Georgia and license site
of Station WRAK–FM, Channel 247C,
Bainbridge, Georgia. The reference
coordinates for Channel 249A at Ty Ty
are 31–34–01 North Latitude and 83–
40–07 West Longitude.
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contact.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
E:\FR\FM\17FEP1.SGM
17FEP1
]]>Agencies
[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Proposed Rules]
[Pages 8050-8054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3045]
-----------------------------------------------------------------------
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
28 CFR Part 907
[NCPPC 108]
Compact Council Procedures for Compliant Conduct and Responsible
Use of the Interstate Identification Index (III) System for Noncriminal
Justice Purposes
AGENCY: National Crime Prevention and Privacy Compact Council.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Compact Council, established pursuant to the National
Crime Prevention and Privacy Compact (Compact), is publishing a rule
proposing to establish a procedure for ensuring compliant conduct and
responsible use of the Interstate Identification Index (III) System for
noncriminal justice purposes as authorized by Article VI of the
Compact.
DATES: Comments must be received on or before March 21, 2005.
ADDRESSES: Send all written comments concerning this proposed rule to
the Compact Council Office, 1000 Custer Hollow Road, Module C3,
Clarksburg, WV 26306; Attention: Todd C. Commodore. Comments may also
be submitted by fax at (304) 625-5388. To ensure proper handling,
please reference ``Compliant Conduct and Responsible Use of the
Interstate Identification Index (III) for Noncriminal Justice
Purposes'' on your correspondence. You may view an electronic version
of this proposed rule at https://www.regulations.gov. You may also
comment via electronic mail at tcommodo@leo.gov or by using the https://
www.regulations.gov comment form for this regulation. When submitting
comments electronically you must include NCPPC Docket No. 108 in the
subject box.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law Enforcement, 2331 Philips Road,
Tallahassee, Florida 32308-5333, telephone number (850) 410-7100.
SUPPLEMENTARY INFORMATION: The National Crime Prevention and Privacy
Compact, 42 U.S.C. 14616, establishes uniform rules, procedures, and
standards for the interstate and federal-state exchange of criminal
history records for noncriminal justice purposes. The Compact was
signed into law on October 9, 1998, (Pub. L. 105-251) and became
effective on April 28, 1999, when ratified by the second state. The
Compact provides for the expeditious provision of Federal and State
criminal history records to governmental and nongovernmental agencies
that use such records for noncriminal justice purposes authorized by
pertinent Federal and State law, while simultaneously enhancing the
accuracy of the records and safeguarding the information contained
therein from unauthorized disclosure or use.
To carry out its responsibilities under the Compact, the Compact
Council is authorized under Article III and Article VI to establish III
System rules, procedures, and standards concerning record dissemination
and use, response times, data quality, system security, accuracy,
privacy protection and other aspects of III System operation for
noncriminal justice purposes. Access to records is conditional upon the
submission of the subject's fingerprints or other approved forms of
positive identification with the record check request as set forth in
Article V of the Compact. Further, any record obtained under the
Compact may be used only for the official purposes for which the record
was requested.
Article III(a) of the Compact requires the Director of the FBI to
appoint a Compact Officer (herein referred to as the FBI Compact
Officer) to administer the Compact within the Department of Justice
(DOJ) and among Federal agencies and other agencies and organizations
that submit search requests to the FBI and to ensure that Compact
provisions and Compact Council rules, procedures, and standards are
complied with by DOJ and other Federal agencies and other agencies and
organizations. Article III(b) requires each Party State to appoint a
Compact Officer (herein referred to as the State Compact Officer) who
shall administer the Compact within the state, ensure that Compact
provisions and Compact Council rules, procedures, and standards are
complied with, and regulate the in-state use of records received by
means of the III System from the FBI or from other Party States.
Background
Pursuant to Articles VI and XI respectively, the Compact Council
has the authority to promulgate rules and procedures governing the use
of the III system for noncriminal justice purposes and has the initial
authority to make determinations with respect to any dispute regarding
interpretation of the Compact, any rule or standard established by the
Compact Council pursuant to Article VI of the Compact, and any dispute
or controversy between any parties to the Compact. Based upon its
authority under the Compact, the Compact Council may impose appropriate
sanctions against agencies that do not operate in accordance with the
Compact and rules and procedures promulgated by the Compact Council.
The Compact Council is establishing this rule to protect and
enhance the accuracy and privacy of III System records, to ensure that
only authorized access to records is permitted, and to ensure that
records are used and disseminated only for particular authorized
noncriminal justice
[[Page 8051]]
purposes. The procedures established by the rule will be used in
determining compliant conduct and responsible use of III System records
and in addressing any violations that may be detected.
This rule acts as public notice that unauthorized access to the III
System for noncriminal justice purposes or misuse of records obtained
by means of the System for such purposes may result in the imposition
of sanctions by the Compact Council, which may include the suspension
of noncriminal justice access to the III System should the violation be
found egregious or constitute a serious risk to the integrity of the
System.
The Compact requires the FBI Director to appoint an FBI Compact
Officer to ensure that federal agencies comply with rules, procedures,
and standards established by the Compact Council but does not directly
address the FBI's responsibility to ensure state compliance. The Act
adopting the Compact, however, provides that all United States
departments and agencies shall enforce the Compact and cooperate with
one another and with all Party States in enforcing the Compact and
effectuating its purposes. Pursuant to this direction and authority,
the FBI Criminal Justice Information Services (CJIS) Division has
agreed to regularly conduct systematic compliance reviews of state
repositories and selected agencies for compliance with the Compact and
Compact Council rules on use of the III System. The Compact Council
established the audit team and approved the audit methodology that will
be used to conduct periodic reviews of the FBI and agencies that submit
record check requests to the FBI under federal authority. (For a copy
of the FBI Audit Methodology, contact the FBI Compact Council Office).
The Compact Council and its Sanctions Committee intend to work in
concert with the CJIS Advisory Policy Board's (APB) Ad Hoc Sanctions
Subcommittee to examine findings from FBI CJIS Division staff reviews
and determine the proper arbiter over the sanctions process for each
finding or instance of violation. The APB will continue to serve in its
role as an advisor to the FBI, which has exclusive jurisdiction in
matters regarding the use of the III System for criminal justice
purposes. This advisory capacity includes recommending sanctions to the
FBI Director related to violations by criminal justice agencies using
the III System for criminal justice purposes. If it is determined that
a sanction should be imposed on a criminal justice agency for misusing
the III System for a noncriminal justice purpose, the Compact Council
will request that the Director of the FBI take appropriate action.
In determining applicable actions or sanctions for noncompliance
with Compact provisions or Compact Council rules, the Compact Council
shall take into consideration: (1) Any meritorious, unusual or
aggravating circumstances which affect the seriousness of the
violation; (2) circumstances that could not reasonably have been
foreseen by the FBI, state repository, user agency, or others; and (3)
the nature and seriousness of the violation, including whether it was
intentional, technical, inadvertent, committed maliciously, committed
for gain, or repetitive. A pattern or practice of noncompliance by an
agency may be grounds for the imposition of sanctions. The Compact
Council may evaluate relevant documentary evidence available from any
source.
If, as a result of a compliance review or on the basis of other
credible information, the Compact Council determines that an agency is
not operating in accordance with the Compact and applicable rules,
procedures, and standards, prompt notice will be given of the nature of
the noncompliance and the possible consequences of failure to take
effective corrective action. A concerted effort will be made to
persuade the offending agency to comply voluntarily. Efforts to secure
voluntary compliance will be undertaken at the outset in every
noncompliance situation and will be pursued through each stage of
corrective action. However, where a noncompliant agency fails to
provide adequate assurance of compliance or apparently breaches the
terms of such assurance, the Compact Council will take the appropriate
actions which could include imposing sanctions or requiring corrective
action necessary to ensure compliance. The Compact Council will be
flexible in determining what corrective actions or sanctions are
appropriate and generally will require the minimal action or impose the
least severe sanction necessary to ensure compliance and deter
violations.
Administrative Procedures and Executive Orders
Administrative Procedure Act
This rule is published by the Compact Council as authorized by the
National Crime Prevention and Privacy Compact (Compact), an interstate
and Federal-State compact which was approved and enacted into
legislation by Congress pursuant to Pub. L. 105-251. The Compact
Council is composed of 15 members (with 11 State and local governmental
representatives).
The Compact Council is not a federal agency as defined in the
Administrative Procedure Act. Accordingly, rulemaking by the Compact
Council pursuant to the Compact is not subject to the Act. However, the
Compact specifically provides that the Compact Council shall prescribe
rules and procedures for the effective and proper use of the Interstate
Identification Index (III) System for noncriminal justice purposes, and
mandates that such rules, procedures, or standards established by the
Compact Council be published in the Federal Register. See 42 U.S.C.
14616, Articles II(4), VI(a)(1), and VI(e). This publication complies
with those requirements.
Executive Order 12866
The Compact Council is not an executive department or independent
regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive
Order 12866 is not applicable.
Executive Order 13132
The Compact Council is not an executive department or independent
regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive
Order 13132 is not applicable. Nonetheless, this rule fully complies
with the intent that the national government should be deferential to
the States when taking action that affects the policymaking discretion
of the States.
Executive Order 12988
The Compact Council is not an executive agency or independent
establishment as defined in 5 U.S.C. 105; accordingly, Executive Order
12988 is not applicable.
Unfunded Mandates Reform Act
Approximately 75 percent of the Compact Council members are
representatives of state and local governments; accordingly, rules
prescribed by the Compact Council are not Federal mandates. No actions
are deemed necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
The Small Business Regulatory Enforcement Fairness Act (title 5,
U.S.C. 801-804) is not applicable to the Compact Council's rule because
the Compact Council is not a ``Federal agency'' as defined by 5 U.S.C.
804(1). Likewise, the reporting requirement of the Congressional Review
Act (subtitle E
[[Page 8052]]
of the Small Business Regulatory Enforcement Fairness Act) does not
apply. See 5 U.S.C. 804.
List of Subjects in 28 CFR Part 907
Privacy, Accounting, Auditing.
For the reasons set forth above, the National Crime Prevention and
Privacy Compact Council proposes to reserve parts 903, 904, and 905 and
add part 907 to chapter IX of title 28 Code of Federal Regulations to
read as follows:
PART 907--COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND
RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM
FOR NONCRIMINAL JUSTICE PURPOSES
Sec.
907.1 Purpose and authority.
907.2 Applicability.
907.3 Assessing compliance.
907.4 Methodology for resolving noncompliance.
907.5 Sanction adjudication.
Authority: 42 U.S.C. 14616.
Sec. 907.1 Purpose and authority.
The purpose of this part 907 is to establish policies and
procedures to ensure that use of the III System for noncriminal justice
purposes complies with the National Crime Prevention and Privacy
Compact (Compact) and with rules, standards, and procedures established
by the Compact Council regarding application and response procedures,
record dissemination and use, response times, data quality, system
security, accuracy, privacy protection, and other aspects of III System
operation for noncriminal justice purposes. The rule is established
pursuant to Article VI of the Compact, which authorizes the Compact
Council to promulgate rules, procedures, and standards governing the
use of the III System for noncriminal justice purposes. The rule
requires responsible authorized access to the System and use of records
obtained by means of the System. It provides a comprehensive procedure
for a coordinated compliance effort among the Compact Council, the FBI,
and local, state and federal government agencies, and encourages the
cooperation of all affected parties.
Sec. 907.2 Applicability.
This rule applies to access to the III System for noncriminal
justice purposes as covered by the Compact, See 42 U.S.C. 14614 and
14616, and the use of information obtained by means of the System for
such purposes. The rule establishes procedures for ensuring that the
FBI and the criminal history record repositories of Compact Party
States carry out their responsibilities under the Compact, as set out
in the National Fingerprint File (NFF) Qualification Requirements, and
that federal, state and local agencies that use the III System for
noncriminal justice purposes comply with the Compact and with
applicable Compact Council rules.
Sec. 907.3 Assessing compliance.
(a) The FBI CJIS Division staff shall regularly conduct systematic
compliance reviews of state repositories. These reviews may include, as
necessary, reviews of III System user agencies, including governmental
and nongovernmental noncriminal justice entities that submit
fingerprints to the state repositories and criminal justice and
noncriminal justice entities with direct access to the III System.
These reviews may include, as necessary, the governmental and
nongovernmental noncriminal justice agencies authorized to submit
fingerprints directly to the FBI. The reviews may consist of systematic
analyses and evaluations, including on-site investigations, and shall
be as comprehensive as necessary to adequately ensure compliance with
the Compact and Compact Council rules. Violations may also be reported
or detected independently of a review.
(b) The FBI CJIS Division staff or the audit team established to
review the FBI shall prepare a draft report describing the nature and
results of each review and setting out all findings of compliance and
noncompliance, including any reasons for noncompliance and the
circumstances surrounding the noncompliance. If the agency under review
is the FBI or another federal agency, the draft report shall be
forwarded to the FBI Compact Officer. If the agency under review is a
state agency in a Party State, the draft report shall be forwarded to
the State Compact Officer. If the agency under review is a state agency
in a Nonparty State, the draft report shall be forwarded to the chief
administrator of the state repository.
(c) The Compact Officer of the FBI or a Party State or the chief
administrator of the state repository in a Nonparty State shall be
afforded the opportunity to forward comments and supporting materials
to the FBI CJIS Division staff or to the audit team.
(d) The FBI CJIS Division staff or the audit team shall review any
comments and materials received and shall incorporate applicable
revisions into a final report. The final report shall be provided to
the Compact Officer of the FBI or a Party State or the chief
administrator of the state repository in a Nonparty State to whom the
draft report was sent. If the agency under review is a state agency, a
copy of the report shall be provided to the FBI Compact Officer. If the
agency under review is being reviewed for the first time, the letter
transmitting the report shall provide that sanctions will not be
imposed regarding any deficiencies set out in the report. The letter
shall also advise, however, that the deficiencies must be remedied and
failure to do so before the agency is reviewed again will result in the
initiation of remedial action pursuant to Sec. 907.4.
Sec. 907.4 Methodology for resolving noncompliance.
(a) Subsequent to each compliance review that is not a first-time
agency review, the final report shall be forwarded to the Compact
Council Sanctions Committee (Sanctions Committee). The Sanctions
Committee shall review the report and if it concludes that no
violations occurred or no violations occurred that are serious enough
to require further action, it shall so advise the Compact Council
Chairman. The Compact Council Chairman shall send a letter to this
effect to the FBI or Party State Compact Officer or the chief
administrator of the state repository in a Nonparty State which has
executed a Memorandum of Understanding. For all remaining states, the
FBI Director or Designee shall send the letter to the chief
administrator of the state repository. If the agency under review is a
state agency, a copy of the letter shall be provided to the FBI Compact
Officer.
(b) Should the Sanctions Committee conclude that a violation has
occurred that is serious enough to require redress, the Sanctions
Committee shall recommend to the Compact Council a course of action
necessary to bring the offending agency into compliance and require the
offending agency to provide assurances that subsequent violations will
not occur. In making its recommendation, the Sanctions Committee shall
consider the minimal action necessary to ensure compliance or shall
explain why corrective action is not required. This may include, but
not be limited to, requiring a plan of action by the offending agency
to achieve compliance, with benchmarks and performance measures, and/or
requiring the agency to seek technical assistance to identify sources
of the problem and proposed resolutions. If the Compact Council
approves the Sanctions Committee's recommendations, the following
progressive actions shall be initiated:
(1) The Compact Council Chairman shall send a letter to the Compact
[[Page 8053]]
Officer of the FBI or Party State or the chief administrator of the
state repository in a Nonparty State which has executed a Memorandum of
Understanding. For all remaining states, the FBI Director or Designee
shall send the letter to the chief administrator of the state
repository. The letter shall identify the violations and set out the
actions necessary to come into compliance. The letter shall provide
that if compliance is not achieved and assurances provided that
minimize the probability that subsequent violations will occur, and
non-compliance is not excused, the Compact Council may authorize the
FBI to refuse to process requests for criminal history record checks
for noncriminal justice purposes from the offending agency and, if the
offending agency is a criminal justice agency, may request the Director
of the FBI to take appropriate action against the offending agency
consistent with the recommendations of the Compact Council. The letter
shall direct the Compact Officer of the FBI or Party State or the chief
administrator of the state repository in a Nonparty State to submit a
written response within 30 calendar days from the date of the letter,
unless a more expeditious response is required. If the offending agency
is a state agency, a copy of the letter shall be provided to the FBI
Compact Officer. Written responses from the FBI, Party States, and
Nonparty States that have executed a Memorandum of Understanding shall
be sent to the Compact Council Chairman. The written response for all
remaining states shall be sent to the FBI Director or Designee. The
offending agency's response letter shall go to the Compact Officer of
the FBI or Party State or the chief administrator of the state
repository in a Nonparty State and shall outline the course of action
it will undertake to correct the deficiencies and provide assurances
that subsequent violations will not recur. Response letters that are
received by the FBI Director or Designee shall be made available to the
Compact Council Chairman. The Compact Council Chairman shall refer the
response to the Sanctions Committee for appropriate action.
(2) If the Sanctions Committee deems the response letter under
paragraph (b)(1) of this section to be insufficient, or if no response
is received within the allotted time, the Sanctions Committee shall
report its finding to the Compact Council. If the Compact Council
agrees with the Sanctions Committee's finding, it shall direct the
Compact Council Chairman to send a letter to the Director of the FBI
(if the offending agency is the FBI or another federal agency) or to
the head of the state agency in which the state repository resides (if
the offending agency is a state agency), requesting assistance in
correcting the deficiencies. The letter shall provide that the
offending agency is being placed on probationary status. A copy of the
letter shall be sent to the Compact Officer of the FBI or Party State
or the chief administrator of the state repository in a Nonparty State.
If the offending agency is a state agency, a copy of the letter shall
be provided to the FBI Compact Officer. The offending agency's written
response to the letter shall be required within 20 calendar days from
the date of the letter unless the Compact Council requires a more
expeditious response. The Compact Council Chairman shall refer the
response letter to the Sanctions Committee for appropriate action.
(3) If the Sanctions Committee deems the response letter under
paragraph (b)(2) of this section to be insufficient, or if no response
is received within the allotted time, the Sanctions Committee shall
report its finding to the Compact Council. If the Compact Council
agrees with the Sanctions Committee's finding, it shall direct the
Compact Council Chairman to send a letter to the U.S. Attorney General
(if the offending agency is the FBI or another federal agency) or to
the elected/appointed state official who has oversight of the
department in which the state repository resides (if the offending
agency is a state agency), requesting assistance in correcting the
deficiencies. If the state official is not the Governor, a copy of the
letter shall be sent to the Governor. A copy of the letter shall also
be sent to the FBI Compact Officer and (if the offending agency is a
state agency) to the State Compact Officer or the chief administrator
of the state repository in a Nonparty State. The letter shall provide
that a written response is required within 20 calendar days of the date
of the letter, and that if a sufficient response is not received within
that time, sanctions may be imposed that could result in suspension of
the offending agency's access to the III System for noncriminal justice
purposes. The Compact Council Chairman shall refer the response letter
to the Sanctions Committee for appropriate action.
(4) If no response letter is received under paragraph (b)(3) of
this section within the allotted time, or if the Sanctions Committee
deems the response to be insufficient, the Sanctions Committee shall
report its finding to the Compact Council. If the Compact Council
agrees with the Sanctions Committee's finding, the Compact Council
Chairman shall direct the FBI Compact Officer to take appropriate
action to suspend noncriminal justice access to the III System by the
offending agency. If the offending agency is a criminal justice agency,
the Compact Council Chairman shall request the Director of the FBI to
take appropriate action to suspend noncriminal justice access to the
III System by the offending agency.
(5) Reinstatement of full service by the FBI shall occur after the
Compact Officer of the FBI or a Party State or the chief administrator
of the state repository in a Nonparty State provides to the Compact
Council Chairman and the Sanctions Committee satisfactory documentation
that the deficiencies have been corrected or a process has been
initiated and approved by the Sanctions Committee and the Compact
Council Chairman to correct the deficiencies. If the Sanctions
Committee approves the documentation in consultation with the Compact
Council Chairman, the Compact Council Chairman shall request the FBI
Compact Officer to take appropriate action to reinstate full service.
Letters to this effect shall be sent to all persons who have previously
received letters relating to the deficiencies and resulting suspension
of service. The decision to reinstate full service shall be considered
for ratification by the Compact Council at its next regularly scheduled
meeting.
(c) For good cause, the Compact Council Chairman shall be
authorized to extend the number of days allowed for the response
letters required by paragraphs (b) (1) through (3) of this section.
Sec. 907.5 Sanction adjudication.
A Compact Officer of the FBI or a Party State or the chief
administrator of the state repository in a Nonparty State may dispute a
sanction under this Part by asking the Compact Council Chairman for an
opportunity to address the Compact Council.
Unresolved disputes based on the Compact Council's issuance of
sanctions under this Part may be referred to the Compact Council
Dispute Adjudication Committee when pertaining to disputes described
under ARTICLE XI(a) of the Compact.
Nothing prohibits the Compact Council from requesting the FBI to
exercise immediate and necessary action to preserve the integrity of
the III System pursuant to Article XI(b) of the Compact.
[[Page 8054]]
Dated: January 28, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-3045 Filed 2-16-05; 8:45 am]
BILLING CODE 4410-02-P
